SB 702 — Designating specific grade levels in which nutrition and physical fitness programs are taught

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 702 By Senators Rucker and MaroneyMaroney, [Introducedoriginal Februarysponsors 5,[Originating 2020;in the Committee on Education;

referredreported toon theFebruary Committee12, on2020] Education]    A BILL to amend and reenact §18-2-7a of the Code of West Virginia, 1931, as amended;

and to amend said code by adding thereto a new section, designated §18-2-7e, all relating to designating the specific grade levels to which the specified physical education requirements are applicableapplicable; to;

removingallowing bodya compositionschool testingdistrict asto onedevelop ofor adopt a program in which the componentssubject of anutrition programand theexercise Stateeducation Boardis taught instead of Educationthe isprogram required to prescribe;be prescribed by the state board;

allowing a school district to develop or adopt a program in which the subject of nutrition and exercise education is taught;

removing requirement for a State Board of Education rule providing for the collection, reporting, and use of body mass index data;

allowing school districts to issue a request for proposals to contract with qualified service providers on a perper-student student rate to provide certain programs and/or products;

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 diseasesdiseases, including Type II Diabetes, high blood cholesterolcholesterol, 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 healthhealth-promoting promoting physical activity.

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

–-— 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.

–-— Not less than one full course credit of physical education, including physical exercise and age-appropriate physical activities, which shall be required for graduationgraduation, and the opportunity to enroll in an elective lifetime physical education course.

Provided, That schools which do not currently have the number of certified physical education teachers, do not currently have the required physical settingsetting, 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 (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, subject to the following:

(1) The program shall be selected from nationally accepted fitness testing programs designed for school-aged children that test cardiovascular fitness, muscular strengthstrength, and endurance, flexibility and flexibility;body composition;

and body composition:

and (5) ExceptInstead of the program required above to be prescribed by the state board and except for the requirements set forth in subdivision (4) of this subsection, a school district may develop or adopt a program, including, but not limited to, the optional physical fitness program set forth in §18-2-7e of this code, in which the subject of nutrition and exercise education is taught and focuses on the importance of increasing awareness as to how nutrition and exercise prevent childhood obesity and its secondary diseasesdiseases, such as diabetes, heart disease, hypertension, asthma, certain cancers, low-self-esteem, and depression.

Such program shall include prepre- and postpost-testing testing for purposes of accountability and measuring improvement in the subjects targeted by the program, must be at least eight weeks long, and must include instruction on the applicable wellness standards in accordance with state board policy.

(e) The state board shall promulgate a rule in accordance with the provisions article§29A-3B-1 three-b,et chapterseq. 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:

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:

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 childrenchildren. (e) The Nutrition and Exercise Education Fund is hereby created in the State Treasury as a special revenue account.  Moneys in the fund shall be awarded on a competitive basis to school districts eligible to receive such funding pursuant to this section or §18-2-7e of this code.  The fund may consist of all appropriations by the Legislature for the fund;

(f) The Nutrition and Exercise Education Fund is hereby created in the State Treasury as a special revenue account.  Moneys in the fund shall be awarded on a competitive basis to school districts eligible to receive such funding pursuant to this section or §18-2-7e of this code.  The fund may consist of all appropriations by the Legislature for the fund;

and all interest or other income earned from investment of the fund.  Any funds remaining in the fund at the close of the fiscal year are carried forward for use in the next fiscal year.  Nothing in this section requires any specific level of funding by the LegislatureLegislature, nor guarantees or entitles any person or entity to any benefit or grant of funds.

The Statestate Boardboard shall adopt guidelines for administration of the fund.

(f)(g) Annually, the departmentDepartment of educationEducation shall submit to the Governor and the Legislative Oversight Commission on Education Accountability a report that summarizes awards made from the Nutrition and Exercise Education Fund and the reported accountability measures of school districts receiving a grant award from the fund.

(a) A school district may make available to schools within the district a program in which the subject of nutrient and exercise education is taught and focuses on the importance of increasing awareness as to how nutrition and exercise prevent childhood obesity and its secondary diseasesdiseases, such as diabetes, heart disease, hypertension, asthma, certain cancers, low-self-esteem, and depression.

The program shall be at least eight weeks long and shall include the provision of all third through sixth grade teachers and students with complete access to turnturn-key, key, evidence-based nutrient and structured exercise education to implement in-the-classroom,in the classroom, during school, before school, after schoolschool, and/or at home with the family.  The structured exercise education may be in the form of book, DVD, CD, onlineonline, or another form of technology.

(1) Time is allowed during the school day for the classroom, physical educationeducation, and/or health education teaching personnel to provide students with up to 30 minutes of structured exercise pursuant to the physical activity requirements in §18-2-7a of this code and state board policy;

(2) Time is allowed during the school day for the classroom, physical educationeducation, and/or health education teaching personnel to provide students nutrient education pursuant to state board policy;

(3) Time is allowed during the school day for the classroom, physicalphysical, and/or health education teaching personnel to provide both students and the teacher with time to fill out a daily journal to track information relating to any of the following:following:  Food, nutrient, exercise, and physical activity.  The nutrient information may include information such as the amounts of water, carbohydrates, protein, fat, minerals, and vitamins consumed;

 food, nutrient, exercise, and physical activity.  The nutrient information may include information such as the amounts of water, carbohydrates, protein, fat, minerals, and vitamins consumed;

(d) School districts may issue a request for proposals to contract with qualified service providers on a perper-student student rate to provide evidence-based childhood obesity prevention programs and/or products consisting of nutrient education, structured exercise, use of technologytechnology, and associated licenses for teachers and students in grades three through six in school districts electing to participate in the program provided for under this section.  School districts may consider all providers of programs and products that meet the following criteria:

(1) The provider has operated for 10 or more years,years in schools serving primarily underserved, low-income students;

and (2) The provider has at least 10 years of empirical research data demonstrating improvement in students’ strength enduranceendurance, such as through push-ups and sit-ups, heart health measurementsmeasurements, such as blood pressure and resting heart rate, and nutrient knowledge.

(e) Programs implemented pursuant to this section shall include the following accountability measures:  (1) Annually, school districts implementing a program pursuant to this section shall report accountability measures in the aggregate to the departmentDepartment of education,Education, which shall make such reports available to the general public.  (2) At a minimum, reports submitted to the departmentDepartment of educationEducation shall include aggregated student pre- and post-testing data in the areas of:

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The purpose of this bill is to allow a school district to develop or adopt a program, including, but not limited to, the optional physical fitness program set forth in §18-2-7e, in which the subject of nutrition and exercise education is taught and focuses on the importance of increasing awareness as to how nutrition and exercise prevent childhood obesity and its secondary diseases such as diabetes, heart disease, hypertension, asthma, certain cancers, low-self-esteem, and depression;