H.B. No. 440
  relating to adapting the public school physical education
  curriculum to accommodate the needs of students with mental
         SECTION 1.  Section 28.002(d), Education Code, is amended 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
               (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
               (6)  meets the needs of students of all physical
  ability levels, including students who have a [disability,] chronic
  health problem, disability, including a student who is a person
  with a disability described under Section 29.003(b) or criteria
  developed by the agency in accordance with that section, 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
               (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.
         SECTION 2.  This Act applies beginning with the 2015-2016
  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, 2015.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I certify that H.B. No. 440 was passed by the House on April
  9, 2015, by the following vote:  Yeas 143, Nays 0, 2 present, not
  Chief Clerk of the House   
         I certify that H.B. No. 440 was passed by the Senate on May
  13, 2015, by the following vote:  Yeas 30, Nays 1.
  Secretary of the Senate    
  APPROVED:  _____________________