C

State Legislative Policies on Physical Education and Physical Activity

Table C-1 provides a summary of data extracted from the National Association of State Boards of Education (NASBE) State School Health Policy Database, which is a comprehensive set of laws and policies from all 50 states on more than 40 school health topics. The database can be found at http://www.nasbe.org/healthy_schools/hs. Begun in 1998 and continuously updated, the NASBE database is another data source that supplements the School Health Policies and Practices Study survey by providing supplemental information on the presence of relevant state laws and policies. The NASBE database provides a summary description of the actual state-level laws, legal codes, rules, regulations, administrative orders, mandates, standards, and resolutions. It includes a summary of the most recent state-level laws and regulations but does not provide historical information on laws that were in place dating back to 1998.



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C State Legislative Policies on Physical Education and Physical Activity T able C-1 provides a summary of data extracted from the National Association of State Boards of Education (NASBE) State School Health Policy Database, which is a comprehensive set of laws and policies from all 50 states on more than 40 school health topics. The database can be found at http://www.nasbe.org/healthy_schools/hs. Begun in 1998 and continuously updated, the NASBE database is another data source that supplements the School Health Policies and Practices Study survey by pro- viding supplemental information on the presence of relevant state laws and policies. The NASBE database provides a summary description of the actual state-level laws, legal codes, rules, regulations, administrative orders, man- dates, standards, and resolutions. It includes a summary of the most recent state-level laws and regulations but does not provide historical information on laws that were in place dating back to 1998. 397

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398 Educating the Student Body TABLE C-1  Summary of State Laws and Policies on Physical Education and Physical Activity State Statute State and/or Policy Waivers Curriculum Assessment Certification Alabama Code 16-40-1; For grades K-8, The Alabama The Alabama The minimum Administrative no exemptions Course of Department requirement Code 290-3-1-02. and no Study: Physical of Education for prospective substitutions. Education requires a physical Requires physical (2009) specifies yearly student education education for the required physical teachers in students in grades grades K-12 fitness elementary, K-8. A minimum content assessment for middle, and high daily instructional standards all students in school grades period of at least for physical grades K-12 prior to licensure 30 minutes is education and in physical is a bachelor’s required in grades is based on education. degree and 1-6. The physical the National completion of a education may Standards Schools use state-approved include dance for Physical the President’s teacher class if taught Education. Challenge education at a magnet Physical program school, marching Administrative Fitness Test in physical band, JROTC, Code 290-2-3 and are education. or other activity (1997) requires required to as approved schools to report the by a student’s purchase from results to individualized the list of Health the state education and Physical Department program. Education of Education Textbooks only for odd- Adopted by numbered the Alabama years. State Board of Education unless another textbook is recommended by the local textbook committee, recommended by the local superintendent, and adopted by the local board of education. Alaska 04 AAC 06.075 No state policy. Curriculum No state No state policy. (2005) Content: policy. Physical Physical Education education is Content not a required Standards course (2010) provide for students. outline objectives for grades K-12.

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Appendix C 399 Graduation Requirement Recess Athletics Walk/Bike Wellness Policy One credit No state policy. No state policy. No state policy. Each school conducts survey. of physical education. One credit of No state policy. Equal No state policy. State provides guidance. either health opportunity. or physical education. continued

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400 Educating the Student Body TABLE C-1 Continued State Statute State and/or Policy Waivers Curriculum Assessment Certification Arizona Mandate: Exemptions: The state No state The Special State Board Arizona Revised adopted the policy. Subject Area of Education Statute 15- Physical Endorsement Administrative 102 (no date Education (2008) requires a Code R7-2-301 available) allows Standards valid elementary, (1993) establishes for parents to (2009), which secondary, or the minimum withdraw a includes the special education course of study child from an rationale, certificate, 30 and competency activity, class, standards, hours of courses goals. or program if and major to include one they object to content areas course in the Does not specify any activity for physical methods of grades, levels, or learning education. teaching physical or a minimum material. education at the amount of elementary level, instruction. one course for the secondary level, and either 24 semester hours of courses in physical education, content areas, a master’s degree in physical education, or a comparable certificate from the National Board for Professional Teaching Standards.

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Appendix C 401 Graduation Requirement Recess Athletics Walk/Bike Wellness Policy No state No state policy. Arizona No state policy. The Department of policy. Revised Statute Education has a step-by- 15-705 (no step guide designed to walk date available) schools through the process requires each of creating a wellness policy. governing board to adopt policies and procedures including minimum statewide requirements regarding participation in extracurricular activities for pupils in grades 6-12. continued

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402 Educating the Student Body TABLE C-1 Continued State Statute State and/or Policy Waivers Curriculum Assessment Certification Arkansas Act 317; Code Code 6-16-132 Arkansas has The Code 6-16-132 20-7-135 (2003) waivers not formally Department (2003) does not only for medical adopted state of Education require schools Mandate: Act or religious standards requires or districts to 317 (2007) reasons. for physical students to hire personnel requires 60 education; participate in certified in minutes per however, the a “national physical calendar week state does recognized education. of physical require schools health-fitness However, education to follow the assessment for minimum training and K-8 Physical the purpose requirements instruction for Education of setting age- are a bachelor’s students in grades and Health appropriate degree and K-6 and for Curriculum personal passing grades 5-8 for Framework goals” scores on the schools organized and Physical along with appropriate to teach these Education and improvement Praxis content grades. Curriculum in various knowledge Framework for physical exam. The statute Grades 9-12 areas. requires 90 (2005). The State Board minutes of of Education’s additional Rules Governing physical activity Nutrition and per week for Physical Activity grades K-6, Standards which may (2007) require include physical districts to education in employ at least addition to one licensed and/ the previous or qualified full- requirement, time physical daily recess, or education intramural sports. teacher for every 500 students in The Rules grades K-6. Governing Nutrition and Since 2012, Physical Activity all personnel Standards allow teaching physical local districts to education in require physical grades K-12 education or must hold activity in a physical excess of these education license requirements. appropriate for the grade levels Arkansas Public being taught. Schools (2009) details the course requirements for students: in grades K-8 all students must receive instruction in physical education (the amount is not specified).

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Appendix C 403 Graduation Requirement Recess Athletics Walk/Bike Wellness Policy One-half No state policy. No state policy. No state policy. Act 1220 of 2003 (Codes unit course 6-7-117 through 6-7-119) of physical predates Section 204 and is education. generally stronger than the federal requirements. continued

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404 Educating the Student Body TABLE C-1 Continued State Statute State and/or Policy Waivers Curriculum Assessment Certification California Concurrent Education Code Education Code California Education Code Resolution 31; 51241 (2007) 60605.2 (2001): Code of 51210.2 (2002) Education Codes permits a school The State Board Regulations encourages each 33350, 51210, district to of Education Title 5, school district 51210-1, 51222, exempt a student adopted Physical Division 1, to employ a 51223, 51225-3 if the pupil is Education Chapter 10, credentialed ill or injured Model Content Subchapter physical Education Code and a modified Standards for 1, Article education 51210 (no program to meet California 3.1, 10060, teacher within date available) the needs of the Public Schools requires each any elementary requires 200 pupil cannot (2005). high school school and minutes of be provided However, the student to to provide physical or enrolled education be evaluated each teacher education to be for one-half, code does not on his or her instruction included in the or less, of the require schools progress in in physical adopted course of work normally to follow the each of the education study for grades required of full- standards. following with yearly 1-6. time pupils. content areas: theoretical the effect practical training Education Code Exemptions of physical in developmental 51222 requires from physical activity on physical a minimum of education dynamic education. 400 minutes courses may be health, of physical granted to pupils mechanics Education Code education for 2 years at of body 44257 (1993) instruction every any time during movement, requires the 10 school days grades 10-12, aquatics, commission to for students in inclusive, if the gymnastics issue single- grades 7-12. pupil has met and tumbling, subject teaching satisfactorily individual and credentials Education Code any five of the dual sports, in physical 51225.3 (2000) six standards rhythms and education. does not allow a of the physical dance, team student to receive performance test sports, and a high school administered in combatives. diploma without grade 9 pursuant completion of to Section two courses 60800. in physical education, unless Education an exemption was Code 51242 made. (1976) states that students who participate in school- sponsored interscholastic athletic programs may be exempted from courses in physical education.

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Appendix C 405 Graduation Requirement Recess Athletics Walk/Bike Wellness Policy Two courses Not required, Education Code Streets and Guidance for the in physical but daily recess is 33350 (1976) Highways Development of California education. encouraged. encourages Code 2333.5 School Wellness Policies districts to (1999) requires (2005), developed in provide extra- the California a collaborative effort curricular Department of between the Department physical Transportation, of Education and other activity. The in conjunction organizations, provides education code with California districts with suggestions and also establishes Highway concrete recommendations the California Patrol, to for meeting Section 204 Department of establish and requirements (Project LEAN Education as the administer a and Healthy Children Ready authority over Safe Routes to Learn). interscholastic to School athletics. program. continued

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406 Educating the Student Body TABLE C-1 Continued State Statute State and/or Policy Waivers Curriculum Assessment Certification Colorado House Bill No state policy. The No state Bachelor’s 11-1069 (2011) Comprehensive policy. degree in the requires each Health and liberal arts, school district Physical with additional board of Education coursework education to Standards in physical adopt a policy (2009) provide education. that incorporates standards and a minimum a suggested High school number of curriculum physical minutes of framework education physical activity for physical teachers are each month, or education. required to have each day if the a bachelor’s school meets degree in less than 5 days physical per week, into education, as each elementary outlined in school student’s State Board schedule. of Education Regulation The requirement 2260.5-R-8.16 for students (2004). who attend 5 days per week for a full day is 600 minutes per month.

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Appendix C 407 Graduation Requirement Recess Athletics Walk/Bike Wellness Policy No state No state policy. No state policy. Statute 43-1- No state policy. policy. 1601 (2004) requires the Department of Transportation to establish and administer a Safe Routes to School program to distribute federal funds to improve pedestrian and bicyclist safety in school areas. continued

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466 Educating the Student Body TABLE C-1 Continued State Statute State and/or Policy Waivers Curriculum Assessment Certification Utah According to No state policy. The Physical No state The minimum R277-700.3 Education policy. requirement (2004), the Core— for prospective state Board Secondary physical of Education (2005) and education requires Physical teachers in instruction Education elementary in physical Core— grades prior education in Elementary to licensure is grades K-2 (as a (1997) sets a bachelor’s part of integrated standards for degree, with curriculum) students in no additional and grades 3-6, grades K-12 coursework in and one credit to receive health. in physical instruction education in in physical For prospective middle school. education and teachers in activity. middle or high school, a candidate is required to have a major or state endorsement in physical education, in addition to a bachelor’s degree. Vermont 16 Vermont No state policy. The Vermont The Vermont Board Rules Statute Annotated Physical Physical 5440-08, 5441, 906 (1998) Education Education and 5445 requires public Grade Grade (2005) require a schools to Expectations Expectations bachelor’s degree provide students (2004) set health (2004) require in physical with a physical knowledge and student education and education course skills standards assessment a practicum of study, although for students in in physical in physical duration and grades PreK-12. education education at frequency are not Standard 2 (Fitness- the appropriate specified. requires students gram® grade level. to learn to or other The Nutrition identify healthy nationally and Physical behaviors and accredited Fitness learn the benefit test) for Guidelines (2005) of exercise. grades 5-12. recommend 150 minutes per week of physical education for elementary students and 225 minutes per week for middle and high school students.

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Appendix C 467 Graduation Requirement Recess Athletics Walk/Bike Wellness Policy 1.5 credits No state policy. No state policy. No state policy. The Utah legislature passed in physical a resolution urging schools, education. school districts, health care providers, community-based organizations, businesses, and families to work with the legislature to establish comprehensive wellness policies to help prevent and reduce the prevalence of overweight children and adolescents. The State The Nutrition No state policy. No state policy. The Commissioner of Board of and Physical Education and the state Education Fitness school boards association Manual of Guidelines (2005) created the Nutrition and Rules and recommend Fitness Policy Guidelines Practices daily recess for (2004), a model school (2006) grades PreK-8. fitness and nutrition policy requires 1 year The guidelines consistent with 16 Vermont of physical also recommend Statute Annotated 216 education. that recess and (2004). physical activity breaks not be taken away as a form of discipline. continued

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468 Educating the Student Body TABLE C-1 Continued State Statute State and/or Policy Waivers Curriculum Assessment Certification Virginia Code 22.1-207 No state policy. The Health The Physical 8 Virginia (1991) requires Education Education Administrative that physical and Standards of Standards Code 20-21-280 health education Learning (2008) of Learning (1998) states be emphasized require students (2008) require the minimum throughout the in grades K-10 a standardized requirements public school to be able to physical as graduation curriculum, but explain good assessment of from a teacher the statute does health and students in preparation not specify grade the benefits of grades 4-12. program in levels or amounts physical activity health and of instructional and fitness physical time. and the role of education or regular physical completion of a activity. major in health and physical education or 45 semester hours of coursework in the areas specified in the code.

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Appendix C 469 Graduation Requirement Recess Athletics Walk/Bike Wellness Policy 8 Virginia State Board Code 22.1-276.3 No state policy. The Superintendent of Public Administrative Rule 8 Virginia (2005) requires Instruction issued a memo Code 20-131- Administrative any organization asking each school division 50 (2000) Code 20-131-200 governing (district) to report on the requires 2 (2006) requires interscholastic status of the local wellness credits in elementary activities in public policy as part of the required health and schools to high schools School Health Advisory physical provide students to develop, Board Annual Report. education (out with daily implement, and of 22). recess during enforce rules the school year stating that any as determined school athletic appropriate by team member the school. determined to have used anabolic steroids. continued

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470 Educating the Student Body TABLE C-1 Continued State Statute State and/or Policy Waivers Curriculum Assessment Certification Washington Revised Code Revised Code The Essential Fitness The minimum of Washington of Washington Academic assessments requirement 28A.230.040 28A.230.040 Learning mandatory in for prospective (1984) requires allows only Requirements 2008-2009 physical every student those students for Health and for middle education in grades 1-8 who have Fitness (2003) and high teachers in to receive a physical set requirements school grades high school is instruction disability for physical and in 2009- a bachelor’s in physical or religious education for 2010 for degree, with at education. belief or who grades 5 and 8 elementary least 30 semester participate in and high school. grades. hours in physical Revised Code directed athletics education. of Washington to be excused 28A.210.365 from instruction (2007) states in physical that a goal of education. Washington state is to ensure Revised Code that by 2010 of Washington all students in 28A.210.365 grades 1-9 should (2007) states have at least that a goal of 150 minutes of Washington state quality physical is to ensure that, education every beginning with week. the 2011-2012 school year, any district waiver or exemption policy from physical education requirements for high school students should be based on meeting both health and fitness curricula concepts as well as alternative means of engaging in physical activity and but should acknowledge students’ interest in pursuing their academic interests.

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Appendix C 471 Graduation Requirement Recess Athletics Walk/Bike Wellness Policy Washington No state policy. No state policy. No state policy. Revised Code of Washington Administrative 28A.210.360 (Senate Bill Code 180-51- 5436, 2004) requires districts 061 (2001): to adopt local wellness Beginning policies and mandates the July 1, 2004, creation of a model policy students who and recommendations enter the 9th consistent with and above grade or begin the federal requirements the equivalent by a broad-based advisory of a 4-year committee. high school program will be required to complete two credits of health and fitness courses (out of 19 required credits). Details are also provided in High School Graduation Requirements (2004). continued

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472 Educating the Student Body TABLE C-1 Continued State Statute State and/or Policy Waivers Curriculum Assessment Certification West Virginia Code 18-2-7a Code 18-2-7a State Board Code 18-2-7a Per Board Policy (2005) requires (2005) allows Policy 2520.6 requires the 5202 (2004), students in the state to (2003) provides state board the minimum elementary grant waivers to content to prescribe requirement school to school districts standards and a program for prospective participate in at regarding objectives within the physical least 30 minutes physical for physical existing health education of physical education time education and physical teachers in education at least requirements. but does not education elementary, 3 days a week, mandate program that middle, and high and requires at The waiver any specific incorporates school grades least one full allows districts curriculum. fitness testing, prior to licensure period of physical to develop reporting, is a bachelor’s education in alternative recognition, degree. middle school. programs and fitness if schools events and do not have incentive the required programs and number of that requires certified physical participation education in grades instructors 4-8 and the or adequate required high physical setting school course. to meet the state requirements. Wisconsin Statute 121.02 No state policy. The Department No state To qualify for (2001) and school of Public policy. a license to district standards Instruction teach physical require physical provides education, an education at least guidance for applicant must three times per schools in complete a week for grades its voluntary program that K-6, weekly for Physical incorporates middle school, Education Wisconsin’s and three courses Standards model academic in grades 9-12. (2010). standards for physical Schools are education not required to and assists use a specific prospective curriculum educators in program. developing specific competencies according to Administrative Code PI 34.30 (2000).

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Appendix C 473 Graduation Requirement Recess Athletics Walk/Bike Wellness Policy At least one No state policy. Board Policy No state policy. State Board of Education full course 2436.10 (1984) Policy 4321.1 (2008) and credit of outlines the Statute 126-86-12 (2008) physical requirements for outline requirements of education for participating in local wellness policies that students in nonacademic county boards of education high school. activities in are required to follow. grades 7-12. These exceed the federal requirements. Code PI No state policy. No state policy. No state policy. The Department of Public 18.03 (1986) Instruction published School and Statute Wellness Policy: Broadening 118.33(1) a the Policy (2005), which puts (1) require pertinent state statutes and 1.5 credits policies into context within in physical Section 204 requirements education to and promotes a coordinated be completed school health plan approach over 3 years. to wellness based on CDC guidance documents. continued

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474 Educating the Student Body TABLE C-1 Continued State Statute State and/or Policy Waivers Curriculum Assessment Certification Wyoming Rule 5218, No state policy. The Wyoming No state The minimum Chapter 31 Physical policy. requirement (2003) requires Education for prospective all public school Content and physical children in Performance educators in the grades 1-8 to Standards elementary and be proficient (2008) set middle grades in physical benchmarks for prior to licensure education as standards that is a bachelor’s mandated by students must degree, with the state board master in the 27 hours in in the Wyoming grade spans of the applicable Health Education K-4, 5-8, and content area. Content and 9-12. Performance For prospective Standards (2008). While a teachers in high curriculum school, the framework state requires is provided, a bachelor’s specific courses, degree, with an materials, or endorsement instructional in physical methodology are education as not mandated specified in by the state. Section 12 of Rule 4897, Chapter 7 (2002). NOTES: CDC = Centers for Disease Control and Prevention; JROTC = Junior Reserve Officer Training Corps; NASPE = National Association for Sport and Physical Education; SHI = School Health Index. SOURCE: National Association of State Boards of Education State School Health Policy Database (available at http://www.nasbe.org/healthy_schools/hs [accessed March 5, 2013]).

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Appendix C 475 Graduation Requirement Recess Athletics Walk/Bike Wellness Policy Proficiency No state policy. No state policy. No state policy. No state policy. in physical education.

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