ECS
From the ECS State Policy Database
2005 State Policies / Activities

Education Commission of the States • 700 Broadway, Suite 810 • Denver, CO 80203-3442 • 303.299.3600 • fax 303.296.8332 • www.ecs.org

The following summary includes policies enacted in 2005. This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format. To view the documents, click on the blue triangle next to the topic of interest. To view all, press the button located at the top labeled "Expand All."

Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date].

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ILSigned into law 07/2005P-12A physical education course of study must include a developmentally planned and sequential curriculum that fosters the development of movement skills, enhances health-related fitness, increases students' knowledge, offers direct opportunities to learn how to work cooperatively in a group setting, and encourages healthy habits and attitudes for a healthy lifestyle. A physical education course of study is to provide students with an opportunity for an appropriate amount of daily physical activity. A physical education course of study must be part of the regular school curriculum and not extra-curricular in nature or organization. Provides for excusing students in grades 9-12 who must use that time for special education services.

http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=094-0189
Title: H.B. 1540
Source: http://www.ilga.gov/legislation

COVetoed 06/2005P-12Establishes the statewide physical education recognition program to recognize and reward public schools and physical education teachers meeting established criteria. Creates the statewide physical education recognition board to establish objective criteria for a tiered rating to a physical education program or teach, solicit and review applications for recognition, rate physical education programs, and recommend annual monetary awards to the highest rated school programs and an outstanding physical education teacher in an elementary school, middle school and high school. Provides that if the fund does not receive at least $50,000 by June 1, 2006, repeals the act effective July 1, 2006. If the act is not repealed earlier, repeals the act effective July 1, 2010.

http://www.leg.state.co.us/Clics2005a/csl.nsf/fsbillcont3/2EC8168D1E92E69187256F5E0067F7AB?Open&file=1237_enr.pdf
Title: H.B. 1237
Source: www.leg.state.co.us

LASigned into law 06/2005P-12Beginning in the 2006-2007 school year and thereafter, requires all public elementary and secondary schools to:
(1) Encourage and motivate children of all physical abilities to participate in physical activity for the purpose of allowing all children to reach their full potential as individuals.
(2) Improve physical activity and fitness in schools by encouraging innovative physical education programs that consist of physical exertion of a moderate to vigorous intensity level.
(3) Improve nutrition in children by making available during the day snacks with higher nutritional values.
(4) Increase the awareness of children about the importance of physical activity and improved nutrition and the effects of both on improving health.
(5) Encourage increased parental awareness of the positive impact on health and fitness of increasing the activity level of children and of improving nutrition.
(6) Encourage daily physical activity and the development of lifelong patterns of physical activity.
(7) Encourage the enjoyment of physical activity and the improvement of nutritional and eating habits.

http://www.legis.state.la.us/billdata/streamdocument.asp?did=319230
Title: S.B. 146 (Sections K-
Source: www.legis.state.la.us

SCSigned into law 06/2005P-12Adds Chapter 10, entitled Physical Education, School Health Services, and Nutritional Standards. Applies to elementary schools. Sets the amount of physical education instruction that each student in kindergarten through fifth grade must receive each week on a phased-in basis. Provides for physical education teacher to student ratio. Provides for a measure of effectiveness of the physical education program and for a physical education activity director. Provides for the appropriation of of funds for licensed nurses in elementary schools. Provides for a coordinated school health model and an assessment program for school health programs. Provides for the minimum amount of time elementary school students must have to eat lunch. Provides for the establishment of a district level and elementary level coordinated school health advisory council and sets its powers and dutires. Provides for a weekly nutrition component for the health curriculum. Implementation is contingent on funding. http://www.scstatehouse.net/sess116_2005-2006/prever/3499_20050525.htm
Title: H.B. 3499
Source: http://www.scstatehouse.net

TXSigned into law 06/2005P-12From bill analysis: This Act allows for the expansion of physical activity requirements to middle and junior high schools, up to the eighth grade; encourages the use of nationally recognized health and physical education guidelines; directs the reporting of information on physical activity, School Health Advisory Councils, and compliance with guidelines on vending machines, food service, and tobacco products; directs coordinated health programs approved by the Texas Education Agency to comply with the Department of Agriculture guidelines on foods of minimal nutritional value; and reinstates the School Health Advisory Committee. http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=79&SESS=R&CHAMBER=S&BILLTYPE=B&BILLSUFFIX=00042&VERSION=5&TYPE=B
Title: S.B. 42
Source: http://www.capitol.state.tx.us

TNSIGNED BY GOVERNOR. 05/2005P-12Resolution urging the state board, in cooperation with all local education agencies, to develop and implement a curriculum of instruction which will enable students to adopt and maintain healthy lifestyle habits. http://www.legislature.state.tn.us/bills/currentga/BILL/HJR0088.pdf
Title: H.J.R. 88
Source: http://www.legislature.state.tn.us

WVSigned into law 05/2005P-12Adds a new article, designated §5-1E-1, §5-1E-2, §5-1E-3, §5-1E-4 and §5-1E-5; and amends and reenacts §18-2-6a and §18-2-7a, all relating to promoting healthy lifestyles; creating a Healthy Lifestyles Office in the Department of Education and the Arts; establishing the functions of the Office; creating a special revenue account; establishing a voluntary menu labeling program; requiring physical activity in the schools; and encouraging the use of health foods and beverages in the vending machines of schools.Requires the state department to 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. -- 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. http://www.legis.state.wv.us/Bill_Text_HTML/2005_SESSIONS/RS/BILLS/HB2816%20enr.htm
Title: H.B. 2816
Source: http://www.legis.state.wv.us

ARSigned into law 04/2005P-12Includes salaries or supplemental pay for staff for organized physical activity courses as provided under Act 660 of 2005 in the definitions of "Athletic expenditures" and "Interschool scholastic activity expenditures."

http://www.arkleg.state.ar.us/ftproot/bills/2005/public/hb2916.pdf
Title: H.B. 2916
Source: www.arkleg.state.ar.us

AZSigned into law 04/2005P-12Establishes the mandatory physical education implementation task force. Sets forth task force's membership. Requires the task force to develop an implementation plan that will result in a uniform physical education program in grades K-8 and that takes the following into consideration: (1) Time constraints, including the length of the school day and school year; (2) Program content consistent with national standards; (3) Staffing requirements; (4) Facilities and resource requirements; (5) Fiscal considerations; (6) Exemptions from a mandatory program both at the individual student level and at the school level. Requires the implementation plan to include an appropriate timeline for
achieving full implementation by a date certain and the development proposal for draft legislation that the task force believes is necessary to successfully implement the proposed program. Requires the final report and implementation plan to be submitted to the governor and the legislature by December 15, 2005.
http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=2111
Title: H.B. 2111
Source: www.azleg.state.az.us

KSSigned into law 04/2005P-12Requires the state board to develop nutrition guidelines for all foods and beverages made available to public school students during the school day. Requires the state board of education to consult with other state agencies, private foundations and other private entities in developing such guidelines, and to give particular attention to providing healthful foods and beverages, physical activities and wellness education with the goals of preventing and reducing childhood obesity. Requires local boards to consider these guidelines when establishing the district's wellness policy.
http://www.kslegislature.org/legsrv-bills/searchBillNumber.do
Title: S.B. 154
Source: www.kslegislature.org

MDSigned into law 04/2005P-12Requiring each county board of education to include the importance of physical activity as part of instruction in health education; requiring all vending machines in public schools to have and use a timing device in accordance with specified policies.

http://mlis.state.md.us/2005rs/bills/sb/sb0473e.pdf
Title: S.B. 473
Source: StateNet

MDSigned into law 04/2005P-12Requiring the State Department of Education to employ a full-time director of physical education.

http://mlis.state.md.us/2005rs/billfile/sb0233.htm
Title: S.B. 233
Source: StateNet

OKSigned into law 04/2005P-12Beginning with the 2006-2007 school year, the state board of Education must require, as a condition of accreditation, that school districts provide to all students physical education programs which may include athletics. The state board must also require that public elementary schools provide instruction, for students in full-day kindergarten and grades one through five, in physical education or exercise programs for a minimum of an average of sixty (60) minutes each week. Requires the state board to disseminate information to each school district on the benefits of physical education programs and strongly encourage districts to provide physical education instruction to students in grades six through twelve. Instruction in physical education is required to be aligned with the Priority Academic Student Skills as adopted by the State Board of Education. Encourages local boards to require students to complete two units or sets of competencies of physical and health education for graduation. http://www.sos.state.ok.us/documents/Legislation/50th/2005/1R/SB/312.pdf
Title: S.B. 312
Source: http://www2.lsb.state.ok.us

OKSigned into law 04/2005P-12Requires the state board of education to establish a physical activity program for public school students in the fifth grade, which each school district may elect to implement. The program is to incorporate the fitness challenges adopted by the Presidents Council on Physical Fitness and Sports. It is also required to incorporate a "Walk Across Oklahoma" activity plan for school districts. The plan is to establish routes that challenge students to complete virtual walks across the state and at the same time learn facts, geography, and history about various locations in the state. http://www2.lsb.state.ok.us/2005-06HB/hb1647_enr.rtf
Title: H.B. 1647
Source: http://www2.lsb.state.ok.us

ARSigned into law 03/2005P-12Defines "organized physical activity course." Beginning in the 2005-2006 school year, allows a student in grades 9-12 successfully completing an organized physical activity course meeting certain specifications to earn .5 unit of physical education credit towards high school graduation. Specifies that a student is limited to only the .5 unit of physical education credit for graduation for the organized physical activity course, and that the student is not allowed any other credit toward graduation for that same course. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/sb2.pdf
Title: S.B. 2
Source: www.arkleg.state.ar.us

KYSigned into law 03/2005P-12Beginning with the 2006-2007 school year, requires each school to limit access to no more than one day each week to retail fast foods in the cafeteria, whether sold by contract, commercial vendor, or otherwise.

Requires every district to appoint a food service director who is responsible for the management and oversight of the food service program in the district; allows two or more contiguous districts to form a "school food service area," in which a school food service director must be jointly selected by the participating superintendents to oversee the school food service area. Each school food service director must be certified as a "school food service and nutrition specialist" or certified by a Level 2 certificate issued by the American School Food Service Association within three years after this bill goes into effect. Requires school cafeteria managers to annually receive at least two hours of continuing education in applied nutrition and healthy meal planning and preparation.

Defines "competitive food," "school day" and school-day-approved beverage." Defines "school-day-approved beverage" as water, 100% fruit juice, lowfat milk, and any beverage that contains no more than 10 grams of sugar per serving. Requires the state board to specify the minimum nutritional standards for all foods and beverages sold outside the National School Breakfast and National School Lunch programs in vending machines, school stores, canteens, and a la carte cafeteria sales. Requires minimum nutritional standards to be based on the most recent edition of the United States Department of Agriculture's Dietary Guidelines for Americans. Requires the state board rule to address serving size, sugar, and fat content of the foods and beverages. Permits school districts to impose more stringent standards than the state board standards. Requires all schools to follow the state board minimum standards unless the school has obtained a waiver from the state board. Requires any waiver approved by the state board to be reviewed on an annual basis.

Bars schools from selling competitive foods or beverages from the time of the arrival of the first student at the school building until 30 minutes after the last lunch period. Allows only school-day-approved beverages to be sold in elementary schools during the school day in vending machines, school stores, canteens, or fundraisers that sell beverages by students, teachers, or groups on school grounds.

Establishes fines and other sanctions for any public school that violates the school food nutrition requirements in section 4 of this bill.

Requires each school food service director to annually assess school nutrition in the district and issue a written report to parents, the local school board, and school-based decision making councils. The report must include:
(a) An evaluation of compliance with the National School Breakfast and National School Lunch programs;
(b) An evaluation of the availability of contracted fast foods or foods sold through commercial vendors;
(c) A review of access to foods and beverages sold outside the National School Breakfast and National School Lunch programs, including vending machines, school stores, canteens, and a la carte cafeteria sales;
(d) A list of foods and beverages that are available to students, including the nutritional value of those foods and beverages; and
(e) Recommendations for improving the school nutrition environment.

Requires the state board to develop an assessment tool that each school district may use to evaluate its physical activity environment. Requires the evaluation to be completed annually and released to the public at the same time as the school food service director's annual nutrition report. Requires every local board to discuss the findings of the nutrition report and physical activity report, seek public comments during a public meeting of the board, and annually hold an advertised public forum to present a plan to improve school nutrition and physical activities in the school district.

Requires each school council of an elementary school to develop and implement a wellness policy that includes moderate to vigorous physical activity each day and encourages healthy choices among students. The policy may permit physical activity to be considered part of the instructional day, up to 30 minutes per day, or 150 minutes per week. Each school council must adopt an assessment tool or utilize an existing assessment program to annually determine each child's level of physical activity. Requires the department to make available a list of available resources to carry out the provisions of this subsection, and to report annually to the Legislative Research Commission on how the schools are providing physical activity under these requirements, and on the types of physical activity being provided. The policy developed by the school council must comply with provisions required by federal law, state law, or local board policy.

Bill summary, history and text: http://lrc.ky.gov/RECORD/05RS/SB172.htm
Fiscal note: http://lrc.ky.gov/RECORD/05RS/SB172/FN.doc
Title: S.B. 172
Source: lrc.ky.gov

NDTo governor 03/2005P-12Changes what each public and nonpublic high school must make available to each student In order to be approved by the superintendent of public instruction from one-half unit of health and one-half unit of physical education during each school year, to just one-half unit of health and one-half unit of physical education.

http://www.state.nd.us/lr/assembly/59-2005/bill-text/FAKI0200.pdf


Title: H.B. 1048
Source: StateNet

VASigned into law 03/2005P-12Clarifies that physical education is to include activities such as, but not limited to, cardiovascular, muscle
building, or stretching exercises, as appropriate. http://leg1.state.va.us/cgi-bin/legp504.exe?051+ful+CHAP0350+pdf
Title: S.B. 1130
Source: http://leg1.state.va.us

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