06 LC 33 1308S
(SCS)
Senate
Bill 474
By:
Senators Carter of the 13th, Thomas of the 54th, Moody of the 56th, Rogers of
the 21st, Seay of the 34th and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating
to elementary and secondary education, so as to establish school health advisory
councils to serve as advisory bodies to local boards of education on health,
physical education, and nutrition policy; to provide for a short title; to
provide certain requirements for physical education instruction for students in
kindergarten and grades one through eight; to encourage a wide range of
supplemental health, physical activity, and nutrition programs that may be
provided on school property beyond the confines of the traditional school day;
to require local boards of education to adopt and implement a coordinated school
health program; to provide for a state office to promote student health and
physical fitness; to provide for related matters; to provide an effective date;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Student Health and Fitness
Act."
SECTION
2.
Chapter
2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary
and secondary education, is amended in Article 4A, relating to community
involvement in education, by adding a new Code section to the end of such
article to read as follows:
"20-2-87.
(a)
Each local board of education shall establish a local school health advisory
council, consistent with the provisions of the federal Child Nutrition and WIC
Reauthorization Act of 2004, P.L. 108-265, to serve as an advisory body on
health, physical education, and nutrition policy issues to the local board of
education. Each school health advisory council shall help plan, implement, and
monitor the implementation of a health, physical education, and nutrition policy
as part of the local school
systeḿs
coordinated school health plan adopted pursuant to Code Section 20-2-324 and
shall encourage a wide range of supplemental health, physical activity, and
nutrition programs that may be provided on school property beyond the confines
of the traditional school day.
(b)
The members of the school health advisory council shall be appointed by the
local board of education and shall be composed of community and school members
representing the eight components of a coordinated school health program as
described in Code Section 20-2-324, representatives from the local health
department, and school
administrators."
SECTION
3.
Said
chapter is further amended in Code Section 20-2-142, relating to prescribed
courses and the development and dissemination of instructional materials on the
effects of alcohol, by striking subsection (c) and inserting in its place the
following:
"(c)
The State
Board of Education shall establish standards for the professional learning or
designation of teachers who provide instruction in physical education which
shall ensure that all such teachers are adequately prepared and regularly
participate in professional development activities to effectively deliver a
physical education program under the supervision of certified physical education
teachers. The State Board of Education
shall prescribe a course of study in health and physical education for all
grades and grade levels in the public schools and shall establish
minimum
time requirements and standards for its
administration.
The course of
study for elementary school students shall require, at a minimum, 150 minutes of
physical education instruction per week with a certified physical education
teacher or a teacher under the supervision of a certified physical education
teacher for students in kindergarten through grade five. For middle school
students, each local board of education shall develop a proposed plan for
delivering, at a minimum, 225 minutes of physical education instruction per week
with a certified physical education teacher or a teacher under the supervision
of a certified physical education teacher to students in grades six through
eight. Each local school system shall submit such a plan to the Department of
Education no later than December 31, 2006. The Department of Education shall
submit a summary of such plans to the General Assembly no later than January 15,
2007. The Department of Education shall review such plans and shall develop and
establish a required program of physical education instruction for middle school
students in accordance with this subsection which shall be implemented beginning
in the 2007-2008 school year. For the 2006-2007 school year, each local board
of education is strongly encouraged to provide meaningful physical education
instruction to students in grades six through eight. Every elementary school
student shall be required to participate in physical education instruction,
including students in alternative education programs; provided, however, that
the course of study will be adapted for students with disabilities, chronic
health problems, and other special needs. The physical education course for
elementary school students and the plans developed and submitted by each local
board of education for middle school students shall provide for physical
exertion of at least moderate to vigorous intensity and for a duration
sufficient to provide a significant health benefit to students. The physical
education course shall provide an environment in which students learn, practice,
and receive assessment on developmentally appropriate motor skills, social
skills, and health and physical education knowledge. The course shall include a
coordinated health and physical education program designed to prevent obesity,
cardiovascular disease, and Type II
diabetes.
The course
shall include instruction concerning the impact of alcohol, tobacco, and drug
use upon health. A manual setting out the
details and
requirements of such courses of study
shall be prepared or approved by the State School Superintendent in cooperation
with the Department of Human Resources, the state board, and such expert
advisers as they may choose. The Department of Education is directed to
assemble or develop instructional resources and materials concerning
alcohol and
drug abuse
health and
physical education instruction, taking
into consideration technological enhancements available for utilization of such
instructional
resources."
SECTION
4.
Said
chapter is further amended in Part 15 of Article 6, relating to miscellaneous
provisions relative to the "Quality Basic Education Act," by adding new Code
sections to the end of such part to read as follows:
"20-2-324.
(a)
By July 1, 2006, each local board of education shall adopt and implement a
coordinated school health program, prepared in collaboration with the school
health advisory council, to address health issues in the local school system.
The coordinated school health program shall include the components provided for
in the model coordinated school health program provided by the State Board of
Education pursuant to subsection (b) of this Code section.
(b)
The State Board of Education shall develop a model coordinated school health
program designed to address health issues which shall include coordination of
the following components:
(1)
Safe and sanitary environment;
(2)
Physical education;
(3)
Health education;
(4)
Staff wellness;
(5)
Health services;
(6)
Mental and social well-being;
(7)
Nutrition; and
(8)
Parental and family involvement.
The
state board shall notify and make available such program to every local board of
education and shall provide technical assistance to local boards of education in
implementing coordinated school health programs.
(c)
No later than July 1, 2008, and every year thereafter, each local board of
education shall prepare and submit to the State Board of Education an annual
report on the implementation of the coordinated school health program. Such
report shall also include the amount of instructional time spent on health and
physical education in each grade and the amount of physical activity received by
students in each school for the previous school year. Such report shall be
made available to the General Assembly and to the public upon
request.
(d)
The state board shall develop an annual report and recognition program which is
submitted to the Governor, General Assembly, and local school systems beginning
January 1, 2007, and annually thereafter. Such report shall include the
progress of local school systems in implementing the Student Health and Fitness
Act, acknowledgment of programs of excellence, and recommended strategies and
resources necessary to improve the health and well-being of
Georgiás
school-aged children and youth.
20-2-325.
The
State Board of Education shall establish an office to promote student health and
physical fitness, which shall be staffed by certified physical education
personnel, subject to available state, federal, or private funding. In addition
to any other duties and functions assigned by the State Board of Education, such
office shall specifically be charged with implementing the provisions of the
Student Health and Fitness Act. The office shall be designated and acknowledged
publicly to allow for ease of parent and public contact and information sharing.
Through this office, the State Board of Education will be responsible
for:
(1)
Providing a program of instruction that includes physical education academic
content standards. Such standards shall include sequential, developmentally
appropriate curricula that is designed, implemented, and evaluated to help
students develop the knowledge, motor skills, self-management skills, attitudes,
and confidence to adopt and maintain physical activity and healthy dietary
behaviors throughout their lives;
(2)
Ensuring that physical education content provided by local boards of education
shall comply with the standards established by the State Board of Education;
and
(3)
Developing standards and methods for the assessment of individual student
fitness overall school health on a regular basis, which shall occur at least
biennially beginning in the 2007-2008 school
year."
SECTION
5.
This
Act shall become effective on July 1, 2006.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.