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Introduced Version Senate Bill 455 History

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Key: Green = existing Code. Red = new code to be enacted

Senate Bill No. 455

(By Senators Unger, Stollings and Kessler (Mr. President), Yost, Edgell, Laird, Kirkendoll, Cann, Miller, Beach and Fitzsimmons)

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[Introduced January 30, 2014; referred to the Committee on Health and Human Resources; and then to the Committee on Education.]

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A BILL to amend and reenact §18-2-7a of the Code of West Virginia, 1931, as amended, relating to creation of the West Virginia Move to Improve Act; establishing legislative findings; providing for integration of thirty minutes of moderate to vigorous physical activity in school day; setting minimum amount of moderate to vigorous physical exercise in physical education classes; defining terms; removing expired requirements; requiring accountability for the physical education and physical activity required herein; and providing for collaboration with teachers and administrators in establishing rules or policy to effectuate the professional development opportunities and training required by this act.

Be it enacted by the Legislature of West Virginia:

    That §18-2-7a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 2. STATE BOARD OF EDUCATION.

§18-2-7a. West Virginia Move to Improve Act; Legislative findings; required physical education; program in physical fitness; required physical activity.

    (a) The Legislature hereby finds that obesity is a problem of epidemic proportions in this state. There is increasing evidence that all segments of the population, beginning with children, are becoming more sedentary, more overweight and more likely to develop health risks and diseases including Type II Diabetes, high blood cholesterol and high blood pressure. The Legislature further finds that the promotion of physical activity during the school day for school children is a crucial step in combating this growing epidemic and in changing the attitudes and behavior of the residents of this state toward health promoting physical activity.

    (a) This act may be cited as the West Virginia Move to Improve Act.

    (b) The Legislature finds that:

    (1) Childhood obesity is an epidemic in West Virginia and the United States. According to a report from the Trust for America's Health and the Robert Wood Johnson Foundation, if the obesity rates continue to grow at current rates over the next two decades, the health and economic cost to our state and the nation will be staggering;

    (2) West Virginia has some of the highest rates of the highest-cost and highest-incidence health problems related to obesity and physical inactivity: type 2 diabetes coronary heart disease and stroke, hypertension, arthritis and obesity-related cancers;

    (3) Researchers estimate that the medical costs of adult obesity in the United States range from $147 billion to nearly $210 billion per year and that Medicare and Medicaid will pay $61.8 billion of those costs. In West Virginia, a recent economic study found that in 2009 the direct medical cost of obesity was $8.9 million;

    (4) Childhood obesity is responsible for $14.1 billion in direct medical costs nationally. In West Virginia the estimated, direct medical cost to Medicaid for treatment of childhood obesity in 2013 was $198.1 million;

    (5) Providing healthy, nutritious meals and snacks in schools will help curb the rise in childhood obesity but that alone is not enough to address the obesity epidemic;

    (6) There is a large body of scientific evidence demonstrating that regular physical activity promotes growth and development in children and teens and has multiple benefits for physical, mental and cognitive health;

    (7) A study by the Institute of Medicine found that physical activity is related to lower body fat, greater muscular strength, stronger bones, improvements in cardiovascular and metabolic health, as well as improvements in mental health by reducing and preventing conditions such as anxiety, depression and enhancing self-esteem;

    (8) West Virginia was ranked the number two state nationally in adult physical inactivity in a 2013 report by the Trust for America’s Health and the Robert Wood Johnson Foundation.

    (9) Children and teens have low levels of physical activity. For example, former military leaders report that 27% of young Americans are too overweight to serve in the military;

    (10) According to a 2005 national literature review reported in Pediatric Exercise Science, students in middle and high school engaged in moderate to vigorous physical activity during physical education class for 27% to 47% of class time.

    (11) A study reported in the West Virginia Medical Journal found that elementary school physical education classes provide moderate to vigorous physical activity for less than 27% of the recommended class time rather than the recommended 50%. West Virginia children are generally not receiving the necessary intensity of activity nor the minimum of 60 minutes per day of moderate to vigorous physical activity;

    (12) Research shows that physically active children are more likely to thrive academically and socially. There is evidence that physically fit children have higher scholastic achievement, better classroom behavior and less absenteeism than their unfit counterparts;

    (13) Children and teens spend more than half of their waking hours at school which makes school an ideal location to increase physical activity;

    (14) Schools have historically been leaders in supporting the well-being of our children and teens by providing health screenings, immunizations and nutrition programs while training them to be productive citizens and lifelong learners. The next step in nurturing and developing healthy productive children and teens is to engage them in regular physical activity. Our schools can and should play a major role in efforts to make our children and teens more active; putting them on a track toward better health

and performance in school and throughout life.

    (15) The schools can not accomplish this alone, the necessary improvements in our children’s health and well being will require collaboration between the families, communities and schools;

    (16) In 2005, the Legislature enacted the Healthy Lifestyles Act, however, there is no mechanism to assure implementation and many students are not receiving the benefits of the required physical education;

    (17) The availability of online resources and peer training greatly improves teacher and principal perception and participation in physical activity programs;

    (18) Teachers and principals report that physical activity has been successfully incorporated into classroom teaching in some schools in West Virginia through “Lets Move! West Virginia” programs such as activity breaks and active learning without the need for special facilities or additional physical education teachers or expanding the school day; and

    (19) Schools face challenges in providing needed physical education and physical activity to students. Lack of staff and equipment and increased pressure to raise test scores and greater demands to meet content standards and objectives time imped efforts to provide adequate physical education and activity. Regardless of the challenges, schools must provide physical education and physical activity in order to assure their health and well being and halt the obesity epidemic afflicting our children and teens.

    (b) (c) As a result of these findings, the state Department of Education shall establish the requirement that each child enrolled in the public schools of this state actively participates in physical education classes and physical activity during the school year to the level of his or her ability as follows:

    (1) Elementary school grades -- students shall participate in:

    (A) Not less than thirty minutes of physical education, including physical exercise and age-appropriate physical activities, for not less than three days a week.

    (B) Not less than fifty percent of each physical education class shall be spent in moderate to vigorous physical activity; and

    (C) Not less than thirty minutes daily of moderate to vigorous physical activity integrated into the school day.

    (2) Middle school grades -- students shall participate in:

    (A) Not less than one full period of physical education, including physical exercise and age-appropriate physical activities, each school day of one semester of the school year.

    (B) Not less than fifty percent of each physical education class shall be spent in moderate to vigorous physical activity; and

    (C) Not less than thirty minutes daily of moderate to vigorous physical activity integrated into the school day.

    (3) High school grades –- students shall participate in:

    (A) Not less than one full course credit of physical education, including physical exercise and age-appropriate physical activities, which shall be required for graduation and the opportunity to enroll in an elective lifetime physical education course.

    (B) Not less than fifty percent of each physical education class shall be spent in moderate to vigorous physical activity.

    (4) As used in this section:

    (A) "Physical education" means a class taught by a certified physical education teacher who assesses student knowledge, motor and social skills and provides instruction in a safe, supportive environment. Based on sequence of learning, physical education should not be compared to, or confused with other physical activity experiences such as recess, intramural activity or recreational endeavors.

    (B) "Physical activity" means bodily movement of any type and activities such as walking, jumping rope, playing soccer, lifting weights, as well as daily activities such as taking the stairs or doing yard work. Similar health benefits to those received during a physical education class are possible during physical activity which reaches moderate to vigorous intensity, i.e. when the participant is active at an intensity that increases heart rate and produces heavier than normal breathing.

    (c) (d) Enrollment in physical education classes and activities required by the provisions of this section shall not exceed, and shall be consistent with, state guidelines for enrollment in all other subjects and classes: Provided, That schools which do not currently have the number of certified physical education teachers, do not currently have the required physical setting or would have to significantly alter academic offerings to meet the physical education requirements may develop alternate programs that will enable current staff, physical settings and offerings to be used to meet the physical education requirements established herein. These alternate programs shall be submitted to the state Department of Education and the Healthy Lifestyle Council Coalition for approval. Those schools needing to develop alternate programs shall not be required to implement this program until the school year commencing two thousand six.

    (d) (e) The state board shall prescribe a program within the existing health and physical education program which incorporates fitness testing, reporting, recognition, fitness events and incentive programs which requires the participation in grades four through eight and the required high school course. The program shall be selected from nationally accepted fitness testing programs designed for school-aged children that test cardiovascular fitness, muscular strength and endurance, flexibility and body composition: Provided, That nothing in this subsection shall be construed to prohibit the use of programs designed under the auspices of the President’s Council on Physical Fitness and Sports. The program shall include modified tests for exceptional students. Each school in the state shall participate in National Physical Fitness and Sports Month in May of each year and shall make every effort to involve the community it serves in the related events.

    (e) (f) The state board shall promulgate a rule in accordance with the provisions article three-b, chapter twenty-nine-a of this code that includes at least the following provisions to provide for the collection, reporting and use of body mass index data in the public schools:

    (1) The data shall be collected using the appropriate methodology for assessing the body mass index from student height and weight data;

    (2) The data shall be collected on a scientifically drawn sample of students;

    (3) The data shall be collected and reported in a manner that protects student confidentiality;

    (4) The data shall be reported to the Department of Education; and

    (5) All body mass index data shall be reported in aggregate to the Governor, the state Board of Education, the Healthy Lifestyles Coalition and the Legislative Oversight Commission on Health and Human Resources Accountability for use as an indicator of progress toward promoting healthy lifestyles among school-aged children.

    (g) The state board shall include the physical education and physical activity required in this section as part of the high quality education standards and efficiency standards set forth and assessed pursuant to section five, article two-E of this chapter.

    (h) The Department of Education shall provide, by rule or policy, adequate professional development and training on integration of physical activity throughout the school day. The professional development and training shall be provided within existing professional development and training opportunities and programs. The Department of Education shall collaborate with teachers and administrators at all grade levels when developing any rule or policy pursuant to the West Virginia Move to Improve Act.

 

 

    NOTE: The purpose of this bill is create the West Virginia Move to Improve Act.

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