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  81R8396 KKA-D
 
  By: Nelson S.B. No. 890
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to physical activity requirements for students in public
  schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 28.002(l), Education Code, is amended to
  read as follows:
         (l)  A school district shall require a student enrolled in
  kindergarten or a grade level below grade six to participate in
  moderate or vigorous daily physical activity for at least 30
  minutes throughout the school year as part of the district's
  physical education curriculum or through structured activity
  during a school campus's daily recess.  A school district shall
  require a student [students] enrolled in grade level [levels] six,
  seven, or [and] eight to participate in moderate or vigorous daily
  physical activity for at least 30 minutes throughout the school
  year [for at least four semesters during those grade levels] as part
  of the district's physical education curriculum.  If a school
  district determines, for any particular grade level below grade
  six, that requiring moderate or vigorous daily physical activity is
  impractical due to scheduling concerns or other factors, the
  district may as an alternative require a student in that grade level
  to participate in moderate or vigorous physical activity for at
  least 135 minutes during each school week.  Additionally, a school
  district may as an alternative require a student enrolled in a grade
  level for which the district uses block scheduling to participate
  in moderate or vigorous physical activity for at least 225 minutes
  during each period of two school weeks.  A school district must
  provide for an exemption for:
               (1)  any student who is unable to participate in the
  required physical activity because of illness or disability; and
               (2)  a middle school or junior high school student who
  participates in an extracurricular activity with a moderate or
  vigorous physical activity component that is considered a
  structured activity under rules adopted by the commissioner.
         SECTION 2.  This Act applies beginning with the 2009-2010
  school year.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.