H. B. 4848
(By Delegates Campbell, Williams, Crosier, Eldridge, Louisos,
Paxton, Poling, Tabb and WysongSPONSOR)
(Originating in the Committee on EducationDATECOMMITTEE)
(February 24, 2006)
A BILL to amend and reenact Bill Title§18-2-7a of the code of West
Virginia, 1931, as amended, relating to Title Languagerequirements for
physical education in the public schools; grouping
requirements by programmatic rather than grade levels; and
requiring state board rule on collection, use and reporting
body mass index data.
Be it enacted by the Legislature of West Virginia:
That Bill Title§18-2-7aEnacting Section 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.
(a) 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 crucial step in
combating this growing epidemic and in changing the attitudes and
behavior of the residents of this state toward health promoting
physical activity.
(b) As a result of these findings, the State Department of
Education shall establish the requirement 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 his or her ability as follows:
(1) Kindergarten to and including grade five Elementary
school grades. -- 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 Middle school
grades. -- 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 High school
grades. -- 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.
(c) 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: Provided, That schools which do not
currently have the number of certified physical education
teachers or required physical setting may develop alternate
programs that will enable current staff and physical settings to
be used to meet the physical education requirements established
herein. These alternate programs shall be submitted to the State
Department of Education and the Healthy Lifestyle Council for
approval. Those schools needing to develop alternate programs
shall not be required to implement this program until the school
year commencing two thousand six.
(d) The State Board shall prescribe a program within the
existing health and physical education program which incorporates
fitness testing, reporting, recognition, fitness events and
incentive programs which requires the participation in grades
four through eight and the required high school course. The
program shall be selected from nationally accepted fitness
testing programs designed for school-aged children that test
cardiovascular fitness, muscular strength and endurance, flexibility and body composition: Provided, That nothing in this
subsection shall be construed to prohibit the use of programs
designed under the auspices of the President's Council on
Physical Fitness and Sports. The program shall include modified
tests 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.
(e) Body mass index measures shall be used as an indicator
of progress toward promoting healthy lifestyles among school-aged
children. The body mass index measures shall be determined using
student height and weight data and reported to the State
Department of Education. via the West Virginia Education
Information System. Body mass index measures shall be included
in kindergarten screening procedures. Students in grades four
through eight and students enrolled in high school physical
education courses shall have their body mass index measured
through required fitness testing procedures. All school
personnel responsible for conducting and reporting body mass
index measures shall receive training or written documentation on
the appropriate methodology for assessing the body mass index and
reporting data in a manner that protects student confidentiality.
All body mass index data shall be reported in aggregate to the
Governor, the State Board of Education, the Healthy Lifestyles Coalition and the Legislative Oversight Commission on Health and
Human Resource Accountability. The State Board shall promulgate
a rule in accordance with the provisions article three-b, chapter
twenty-nine-a, of this code that includes at least the following
provisions to provide for the collection, reporting and use of
Body Mass Index data in the public schools:
(1) The data shall be collected using the appropriate
methodology for assessing the body mass index from student height
and weight data;
(2) The data shall be collected on a scientifically drawn
sample of students;
(3) The data shall be collected and reported in a manner
that protects student confidentiality;
(4) The data shall be reported to the Department of
Education; and
(5) All body mass index data shall be reported in aggregate
to the Governor, the State Board of Education, the Healthy
Lifestyles Coalition and the Legislative Oversight Commission on
Health and Human Resource Accountability for use as an indicator
of progress toward promoting healthy lifestyles among school-aged
children.
Note: The purpose of this bill is to group the requirements
for physical education in the public schools by programmatic
rather than grade levels; and require the state board to
promulgate a rule for the collection, use and reporting body mass index data.
Strike-throughs indicate existing language that would be
removed, and underscoring indicates new language that would be
added.
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