PRINTER'S NO. 1369
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1146
Session of
2017
INTRODUCED BY BRIGGS, FRANKEL, SCHWEYER, V. BROWN, BULLOCK,
McNEILL, CALTAGIRONE, FREEMAN, MURT, READSHAW, KINSEY,
D. COSTA, DONATUCCI AND SAYLOR, APRIL 12, 2017
REFERRED TO COMMITTEE ON EDUCATION, APRIL 12, 2017
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," providing for physical fitness.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding an
article to read:
ARTICLE XIII-B
PHYSICAL FITNESS
Section 1301-B. Purpose.
Students spend a major part of their day in the school
environment, therefore it is vital that the school environment
support the development of a healthy and physically active
lifestyle, offer opportunities for students to make healthy and
informed choices and prepare students for academic success. This
article is established to achieve the following purposes:
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(1) Establish physical activity practices to facilitate
the improvement of student health.
(2) Increase the amount of moderate to vigorous physical
activity of all students during the school day.
(3) Provide students with the necessary skills and
aptitudes to develop and engage in an individualized physical
activity plan that they can continue to use and adapt
throughout life.
(4) Ensure provision of both physical education and
physical activity. Physical education meets the requirements
of 22 Pa. Code Ch. 4 (relating to academic standards and
assessment). There is no requirement for physical activity to
be aligned to State standards, be assessed or be taught by
certified teachers with a health and physical education
certification.
Section 1302-B. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Absolute intensity." A specific method of measuring the
level of exertion used during physical activity. It is the
amount of energy used by the body per minute of activity.
"Active commuting." Modes of transportation to and from
school that involve physical activity, including walking,
biking, skating and rollerblading.
"Adapted physical education." Physical education programs
that include guidance on how to appropriately modify physical
activities, equipment and assessments for students with a
disability or chronic health condition in ways that provide them
with the same instruction and opportunity to develop skills that
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other students receive.
"Department." The Department of Education of the
Commonwealth.
"Moderate to vigorous physical activity." Physical exertion
equivalent in intensity to brisk walking.
"Physical activity." Bodily movement:
(1) That works muscles and uses more energy than when an
individual is resting.
(2) That enhances health and includes activities like
walking, running, dancing, jumping rope, swimming and yoga.
(3) The exertion levels of which may be measured in
terms of relative intensity and absolute intensity.
"Physical activity breaks." Brief opportunities for physical
activity provided throughout the day, including, but not limited
to, during morning or afternoon announcements and integrating
physical activity and movement during instruction.
"Physical education." A planned, sequential, movement-based
program of curricula and instruction that helps students develop
the knowledge, attitudes, motor skills, self-management skills
and confidence needed to maintain a physically active life.
"Recess." Regularly scheduled periods within the school day
for supervised physical activity and play.
"Relative intensity." The level of effort required by a
person to do an activity.
Section 1303-B. General policies.
A school entity shall develop, expand or improve policies
that:
(1) Encourage and support students and staff to safely
walk or bike to and from school as often as possible. This
policy can include safe pedestrian and bicycle routes, school
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siting, student transportation, helmet use, wellness policies
and policy evaluation.
(2) Encourage the construction of new elementary schools
within one mile of the homes of as many students as possible.
(3) Encourage the construction of new middle schools and
high schools within two miles of the homes of as many
students as possible.
(4) Promote siting decisions that include a safety
assessment of pedestrian and bicycle routes around the school
and campus exits to safely separate automobile and bus
traffic from students walking and biking.
(5) Encourage persons on school grounds riding a bicycle
or other pedal-powered vehicle to wear a safety helmet that
meets the standards of the Federal Consumer Product Safety
Commission.
(6) Encourage school entities to incorporate active
commuting to school in its wellness policy as a means of
increasing physical activity levels. Health education and
physical education curricula shall include topics of
pedestrian and cyclist safety and traffic rules at
appropriate grade levels. School entities are encouraged to
change any existing policies that ban or discourage walking
or bicycling to and from school.
(7) Encourage school entities to establish joint use
agreements with local government and community agencies to
allow use of school facilities to encourage physical activity
and other activities outside of school hours as provided in
sections 706 and 775.
Section 1304-B. Physical activity program for elementary,
middle and high schools.
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(a) Duty of school districts.--
(1) School districts, with the help of physical
educators, shall develop, expand or improve a comprehensive
school physical activity program that shall include no fewer
than 30 minutes of moderate to vigorous physical activity
occurring throughout every regular school day for every
child.
(2) Time spent in interscholastic athletics or physical
activity after school may not count toward the physical
activity requirement.
(b) Satisfaction of requirement.--The requirement in
subsection (a) may be satisfied through a combination of the
following:
(1) Quality physical education classes.
(2) Other physical activities offered throughout the
regular school day, such as dance, classroom energizers and
other curriculum-based physical activity programs.
(3) Recess and physical activity breaks. This includes:
(i) Elementary and middle schools shall provide at
least 20 minutes per day of scheduled recess that
includes moderate to vigorous physical activity.
(ii) For elementary and middle schools, recess may
be offered before lunch.
(iii) High schools are encouraged to offer at least
a 20-minute physical activity break. Activities and
support shall encourage moderate to vigorous physical
activity.
(iv) More than one scheduled period of physical
activity may be provided. The duration of each period
shall be sufficient to provide a significant health
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benefit to students.
(c) Required components.--The physical activity program
shall include the following components:
(1) Every student every year shall be encouraged to
achieve an additional 30 minutes of daily physical activity
during time spent outside of school. Participation in
interscholastic athletics may be used to encourage
achievement of the additional 30 minutes of physical
activity.
(2) Administrators, teachers and staff may not deny
physical activity for disciplinary reasons or to make up
lessons.
(3) Physical activity shall complement and may not be a
substitution for the physical education program.
(4) Sedentary time shall be limited to fewer than two
hours at one time.
Section 1305-B. Physical education.
(a) Duty of school entities.--
(1) School entities shall provide physical education to
every student every year, including those involved in
interscholastic athletics and students in alternative
education programs.
(2) Students every year shall be encouraged to develop
an age-appropriate individualized plan that increases skill
and interest in physical activity and health.
(b) Students with disabilities.--School entities every year
shall provide adapted physical education to every student with
documented medical conditions and disabilities.
(c) Elementary schools.--Elementary schools shall provide
150 minutes of physical education per week.
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(d) Middle and secondary schools.--Middle and secondary
schools shall provide 225 minutes of physical education per
week.
(e) Class time.--Physical education must devote at least 50%
of class time to moderate to vigorous physical activity either
indoors or outdoors, weather permitting.
(f) Curriculum.--The physical education curriculum must meet
the following criteria:
(1) Be consistent with the standards contained in the
National Health Education Standards and 22 Pa. Code Ch. 4
Appendix D (relating to academic standards for the arts and
humanities and health, safety and physical education and
family and consumer sciences).
(2) Maintain student-to-teacher ratio for physical
education class comparable with other classes at all grade
levels.
(3) Meet the needs of all students, including those who
are not athletically gifted.
(4) Actively teach cooperation and fair play.
(5) Promote participation in physical activity outside
of school.
(6) Focus on helping students develop an active adult
lifestyle in high school.
(7) Be taught by highly qualified physical education
teachers who have completed accredited physical education
teacher education programs and are certified to teach
physical education according to 22 Pa. Code § 403.4 (relating
to highly qualified teachers).
Section 1306-B. Safe and adequate facilities.
(a) Duty of school entities.--School entities shall provide
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and properly maintain safe and adequate spaces, facilities,
equipment and supplies necessary to achieve the objectives of
the physical education program.
(b) Assessments.--Safety and hazard assessments of
gymnasiums, playgrounds, athletic fields and sports-related
equipment shall be conducted as a part of the school strategic
plan under 22 Pa. Code § 4.13 (relating to strategic plans).
Identified hazards shall be repaired before further use by
students, staff or community members.
(c) Reports.--School entities shall report to the department
on safety and hazard assessments as a part of the school
strategic plan under 22 Pa. Code § 4.13. School entities shall
keep written inspection reports on file for 10 years.
Section 1307-B. Program and student assessment.
(a) Required assessment.--
(1) School entities shall regularly assess all students
to measure individual attainment of physical education
learning objectives and individual improvement in achieving
fitness goals.
(2) An individual's specific level of fitness determined
by fitness assessments may not be used as a grading tool.
(b) Quality assessment.--School entities shall establish and
oversee the ongoing implementation of a plan to assess the
quality of the physical activity and physical education program.
(c) Report.--School entities shall report on the
implementation of physical activity and physical education in
their strategic plan under 22 Pa. Code § 4.13 (relating to
strategic plans).
(d) Implementation.--The department shall monitor school
implementation and effectiveness of the physical activity and
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physical education program and include recommendations for
improvement to the school board, school principal and school
wellness committee.
Section 2. This act shall take effect in 60 days.
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