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Introduced Version House Bill 4465 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 4465


(By Delegates Foster, Palumbo,
Webb and Perdue)
[Introduced February 13, 2004
; referred to the
Committee on Education then Finance.]



A BILL to amend and reenact §18-2-7a of the code of West Virginia, 1931, as amended, relating to physical education programs in the public schools; legislative findings; requiring certain physical education programs for enrolled students; and limiting enrollment in each physical education course or class.

Be it enacted by the Legislature of West Virginia:
That §18-2-7a of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2. STATE BOARD OF EDUCATION.

§18-2-7a. Legislative findings; required physical education; Program in physical fitness.

The Legislature hereby finds that obesity is a problem of epidemic proportions in this state. There is increasing evidence that all segments of the population, beginning with children are becoming more sedentary, more overweight, and more likely to develop health risks and diseases including Type II Diabetes, high blood cholesterol and high blood pressure. The Legislature further finds that the promotion of physical activity during the school day for school children is a first step in combating this growing epidemic and in changing the attitudes and behavior of the residents of this state toward health promoting physical activity.
As a result of these findings, the state department of education shall ensure that each child enrolled in the public schools of this state actively participates in physical education classes during the school year to the level of their abilities as follows:
(1) Kindergarten to and including grade five -- Not less than thirty minutes of physical education, including physical exercise and age appropriate physical activities, for not less than three days a week.
(2) Grade six to and including grade eight -- Not less than one full period of physical education, including physical exercise and age appropriate physical activities, each school day of one semester of the school year.
(3) Grade nine to and including grade twelve -- Not less than one full course credit of physical education, including physical exercise and age appropriate physical activities which shall be required for graduation and the opportunity to enroll in an elective lifetime physical education course.
Enrollment in physical education classes and activities required by the provisions of this section shall not exceed, and shall be consistent with, state guidelines for enrollment in all other subjects and classes.

The state board of education shall prescribe a program within the existing health and physical education program which incorporates the testing, awards recognition, fitness events and incentive programs designed under the auspices of the president's council on physical fitness and sports and which requires the participation through grade nine of each student and of each school in the state in both the challenge program and the state champion program of the council. The program shall include the modified test for exceptional students. Each school in the state shall participate in national physical fitness and sports month in May of each year and shall make every effort to involve the community it serves in the related events.



NOTE: The purpose of this bill is to require physical education programs in the public schools to promote healthy exercise and increase awareness of the benefits of physical activities in fighting obesity and related illnesses.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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