08
Senate
Bill 506
By:
Senators Carter of the 13th, Thomas of the 54th, Seay of the 34th, Rogers of the
21st, Hill of the 32nd and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of
Georgia Annotated, relating to the health of students in elementary and
secondary education, so as to enact the "Student Health and Physical Education
Act"; to require local school systems to conduct physical fitness testing of
students and to comply with state physical education instruction requirements;
to provide for aggregate reporting of data; to provide for public inspection of
such data; to establish a position within the Department of Education to
coordinate activities relating to physical education; to designate unhealthy
school systems under certain conditions; to provide for a recognition program
established by the Governor to acknowledge healthy school systems and schools;
to provide for related matters; 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 at the "Student Health and Physical
Education Act" or "SHAPE Act."
SECTION
2.
Part
3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to the health of students in elementary and secondary
education, is amended by adding new a Code section to read as
follows:
"20-2-775.
(a)(1)
Beginning in the 2008-2009 school year, each local school system shall conduct
confidential body mass index testing of each student two times each school year,
once during the fall and once during the spring. Each local school system shall
report the aggregated results of the body mass index testing of its students by
school to the coordinator designated in subsection (b) of this Code section two
times each school year in accordance with a schedule established by the State
Board of Education. A local school system shall make a student´s
individual body mass index data available only to such student´s parent or
guardian, upon request.
(2)
Each local school system shall be required to provide at least the minimum
instruction in physical education prescribed by the state board in rules and
regulations established pursuant to subsection (c) of Code Section
20-2-142.
(b)
The state board shall designate a position in the Department of Education,
staffed by a person certified in physical education, to coordinate physical
education and fitness activities and requirements. In addition to any other
duties and functions assigned by the state board, such coordinator shall
specifically be charged with implementing the provisions of this Code section.
The coordinator shall collect and disseminate to local school systems best
practices in the areas of student health and physical education. The
coordinator shall be acknowledged publicly to allow for ease of parent and
public contact and information sharing. This position may be supported with
state, federal, or private funding or a combination thereof.
(c)
The state board, through the coordinator designated pursuant to subsection (b)
of this Code section, shall collect the aggregated data submitted by local
school systems pursuant to subsection (a) of this Code section and quantify the
health status of each local school system. The department shall include the
aggregated data and the health status of each local school system and its
schools on its website for public inspection. A local school system which does
not submit the data required in subsection (a) of this Code section or does not
provide at least the minimum instruction in physical education referenced in
paragraph (2) of subsection (a) of this Code section shall be designated by the
state board as an 'unhealthy school zone' or similar designation.
(d)
The state board shall submit an annual report to the Governor, beginning July 1,
2009, and annually thereafter. Such report shall include the health status of
each local school system and each school. The Governor may establish one or
more recognition programs to acknowledge local school systems and schools which
have most improved their health status. The Governor may collaborate with
private corporations in the development and implementation of recognition
programs pursuant to this subsection, including providing monetary or other
incentives to school systems or schools for attaining certain levels of health
status."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.