S.B. No. 891
 
 
 
 
AN ACT
  relating to the public school physical education curriculum.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 28.002, Education Code, is amended by
  adding Subsection (d) and amending Subsection (l) to read as
  follows:
         (d)  The physical education curriculum required under
  Subsection (a)(2)(C) must be sequential, developmentally
  appropriate, and designed, implemented, and evaluated to enable
  students to develop the motor, self-management, and other skills,
  knowledge, attitudes, and confidence necessary to participate in
  physical activity throughout life. Each school district shall
  establish specific objectives and goals the district intends to
  accomplish through the physical education curriculum. In
  identifying the essential knowledge and skills of physical
  education, the State Board of Education shall ensure that the
  curriculum:
               (1)  emphasizes the knowledge and skills capable of
  being used during a lifetime of regular physical activity;
               (2)  is consistent with national physical education
  standards for:
                     (A)  the information that students should learn
  about physical activity; and
                     (B)  the physical activities that students should
  be able to perform;
               (3)  requires that, on a weekly basis, at least 50
  percent of the physical education class be used for actual student
  physical activity and that the activity be, to the extent
  practicable, at a moderate or vigorous level;
               (4)  offers students an opportunity to choose among
  many types of physical activity in which to participate;
               (5)  offers students both cooperative and competitive
  games;
               (6)  meets the needs of students of all physical
  ability levels, including students who have a disability, chronic
  health problem, or other special need that precludes the student
  from participating in regular physical education instruction but
  who might be able to participate in physical education that is
  suitably adapted and, if applicable, included in the student's
  individualized education program;
               (7)  takes into account the effect that gender and
  cultural differences might have on the degree of student interest
  in physical activity or on the types of physical activity in which a
  student is interested;
               (8)  teaches self-management and movement skills;
               (9)  teaches cooperation, fair play, and responsible
  participation in physical activity;
               (10)  promotes student participation in physical
  activity outside of school; and
               (11)  allows physical education classes to be an
  enjoyable experience for students.
         (l)  A school district shall require a student enrolled in
  full-day prekindergarten, in kindergarten, or in 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.
  To the extent practicable, a school district shall require a
  student enrolled in prekindergarten on less than a full-day basis
  to participate in the same type and amount of physical activity as a
  student enrolled in full-day prekindergarten. A school district
  shall require students enrolled in grade levels six, seven, and
  eight to participate in moderate or vigorous daily physical
  activity for at least 30 minutes 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.  Subchapter D, Chapter 25, Education Code, is
  amended by adding Section 25.114 to read as follows:
         Sec. 25.114.  STUDENT/TEACHER RATIOS IN PHYSICAL EDUCATION
  CLASSES; CLASS SIZE. (a)  In implementing the curriculum for
  physical education under Section 28.002(a)(2)(C), each school
  district shall establish specific objectives and goals the district
  intends to accomplish through the curriculum, including, to the
  extent practicable, student/teacher ratios that are small enough to
  enable the district to:
               (1)  carry out the purposes of and requirements for the
  physical education curriculum as provided under Section 28.002(d);
  and
               (2)  ensure the safety of students participating in
  physical education.
         (b)  If a district establishes a student to teacher ratio
  greater than 45 to 1 in a physical education class, the district
  shall specifically identify the manner in which the safety of the
  students will be maintained.
         SECTION 3.  Subsection (l), Section 28.002, Education Code,
  as amended by this Act, applies beginning with the 2009-2010 school
  year.
         SECTION 4.  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.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 891 passed the Senate on
  April 9, 2009, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendments on May 29, 2009, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 891 passed the House, with
  amendments, on May 20, 2009, by the following vote: Yeas 113,
  Nays 25, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor