Bill Text: DE SB214 | 2011-2012 | 146th General Assembly | Draft

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Bill Title: An Act To Amend Title 14 Of The Delaware Code Relating To Physical Activity For Students In Delaware Public Elementary Schools.

Spectrum: Slight Partisan Bill (Democrat 14-8)

Status: (Enrolled - Dead) 2012-06-12 - Introduced and Assigned to Education Committee in House [SB214 Detail]

Download: Delaware-2011-SB214-Draft.html

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SPONSOR:	Sen. Bunting & Rep. Ramone
	Sens. Sokola, Sorenson, Blevins, Peterson & Henry; Reps. Willis, Bolden, Jaques, Kowalko, Osienski, Hocker, Wilson, D. Short, Kenton, Miro, M. Smith, Keeley, Walker & Brady

DELAWARE STATE SENATE

146th GENERAL ASSEMBLY

SENATE BILL NO. 214

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO PHYSICAL ACTIVITY FOR STUDENTS IN DELAWARE PUBLIC ELEMENTARY SCHOOLS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

WHEREAS, research shows physically fit children do better in school overall with improved academic performance, behavior, attendance, and cognitive function; and

WHEREAS, according to the 2011 Fitnessgram study conducted by the Department of Education and Nemours Health and Prevention Services, students who are more physically fit perform significantly better in both reading and mathematics, and students who are less physically fit exhibit significantly lower scores in reading and mathematics and also have significantly more suspension days and absenteeism; and

WHEREAS, these Fitnessgram findings are essential to supporting Delaware schools in their continued efforts to provide the best possible education to all students; and

WHEREAS, the 2008 Physical Activity Guidelines for Americans as well as the Institute of Medicine recommend that children accumulate a minimum of 60 minutes of moderate to vigorous physical activity daily and that schools ensure that all students participate in a minimum of 30 minutes of moderate to vigorous physical activity during the school day; and

WHEREAS, because children spend the majority of their waking hours in school for 9 to 10 months a year, schools play a crucial role in providing opportunities for student to achieve 150 minutes of moderate to vigorous physical activity weekly; and

WHEREAS, childhood obesity is one of the most serious public health crises facing the nation, with recent data revealing that close to 40% of children ages 2-17 in Delaware are overweight or obese, putting them at risk for diabetes and other chronic illnesses and that may lead to lifelong health problems; and

WHEREAS, physical activity in schools ensures that Delaware's children have access to activities to make them healthy, build their brains, and support their abilities to think, react, create, and learn effectively;

NOW THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 41, Title 14 of the Delaware Code by inserting a new Section to read as follows:

§4137.Physical Activity in Public Elementary Schools

(a) Beginning in the 2014-2015 school year, a minimum of 150 minutes of moderate to vigorous physical activity shall be provided by public schools for all K-5 students weekly.The physical activity may include, but is not limited to, regular physical education class, recess and integration of physical activity into the academic curriculum or physical activity breaks scheduled throughout the day.

(b) A student's program of physical activity shall be consistent with a student's Individualized Education Plan (IEP).

(c)Elementary schools are encouraged to not take away recess or physical activity opportunities as a form of punishment or for students to make up lessons.

(d)Each elementary school shall include a physical activity plan in its school profile submitted to the Department of Education.The physical activity plans may be developed in coordination with school district wellness councils.The Department of Education shall monitor school activity plans and track implementation of physical activity in schools.

(e)The Department of Education shall adopt regulations necessary to implement the provisions of this section.

Section 2. This Act shall be effective 30 days from enactment.

SYNOPSIS

This bill requires that, beginning in the 2014-15 school year, Delaware public schools provide a minimum of 150 minutes of moderate to vigorous physical activity weekly for all K-5 students.

Author: Sen. Bunting