SB 804 — Removing physical education requirements for certain middle and high school athletes

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 804 ByBYS SenatorENATORSG GradyRADY, [IntroducedEEDS,AND TAYLOR [Reported February 6,11, 2026;2026, from the Committee on Education] CS for SB 804 A BILL to amend and reenact §18-2-7a of the Code of West Virginia, 1931, as amended, relating to providing that students participating in good standing in an extracurricular sport are not required to comply with the statutory middle school and high school physical education requirements.

referred to the Committee on Education] Intr SB 804 2026R3967 A BILL to amend and reenact §18-2-7a of the Code of West Virginia, 1931, as amended, relating to providing that students participating in good standing in an extracurricular sport are not required to comply with the statutory middle school and high school physical education requirements.

There is increasing evidence that all segments of the population, beginning with children, are becoming more sedentary, more overweightoverweight, and more likely to develop health risks and diseases including Type II Diabetes, high blood cholesterolcholesterol, and high blood pressure.

(b) As a result of these findings, the stateState 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:

–- Not less than thirty 30 minutes of physical education, including physical exercise and age-appropriate physical activities, for not less than three days a week.

–- Not Subject to subdivision (4) of this subsection, not less than one full course credit of physical education, including physical exercise and age-appropriate CS for SB 804 physical activities, which shall be required for graduation and the opportunity to enroll in an Intr SB 804 2026R3967 elective lifetime physical education course.

The physical education requirements of subdivisionssubdivision (2) and (3) of this subsection do not apply to any student in any year the student is included on a list required by this subdivision.

The physical education requirements of subdivision (3) of this subsection do not apply to any student if the student is included on a list required by this subdivision during any of grades nine through 12.

Provided, That schools which do not currently have the number of certified physical education teachers, do not currently have the requiredthe required physical setting or would have to significantly alter academic offerings to meet the physical education requirements may develop alternate programs that will enable current staff, physical settingssettings, and offerings to be used to meet the physical education requirements established herein.

These alternate programs shall be submitted to the stateState 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.six 2006.

(d) The state board shall prescribe a program within the existing health and physical education program which incorporates fitness testing, reporting, recognition, fitness eventsevents, 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, flexibilityflexibility, 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 CS for SB 804 Council on Physical Fitness and Sports.

Intr SB 804 2026R3967 (e) The state board shall promulgate a rule in accordance with the provisions of article three-three-b, b, chapter twenty-nine-a of this code that§29A-3B-1 includeset atseq. least the following provisions to provide for the collection, reporting and use of body mass index data in the public schools:

that includes at least the following provisions to provide for the collection, reporting, and use of body mass index data in the public schools:

(4) The data shall be reported to the State Department of Education;

and (5) All body mass index data shall be reported in aggregate to the Governor, the stateState Board of Education, the Healthy Lifestyles CoalitionCoalition, and the Legislative Oversight Commission on Health and Human Resources Accountability for use as an indicator of progress toward promoting healthy lifestyles among school-aged children.

NOTE:

The purpose of this bill is to provide that students participating in good standing in an extracurricular sport are not required to comply with the statutory middle school and high school physical education requirements.

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