,i #aacth ,,congress #ast ,session ,h4 ,r4 #bagh ,,in ,,the ,,house ,,of ,,representatives ,may #bc1 #bjac ,mr4 ,kind 7for himself and ,mr4 ,schock7 introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce ,a ,,bill ,to authorize a grant program to promote physical education1 activity1 and fitness and nutrition1 and to ensure healthy students1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fitness ,integrated with ,teaching ,kids ,act or the ,,fit ,kids ,act4 ,i ,healthy students grants #aja4 ,definitions ,in this title3 7#a7 ,physical education indicators measurement system 7,a7 ,in general ,the term physical education indicators measurement system means a ,state reporting and information system that measures student physical health and well-being1 nutrition1 and fitness based on the physical education indicators and is1 to the extent possible1 part of the ,state's statewide longitudinal data system and part of the ,state's system for reporting the data required under section #aaaa of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa74 7,b7 ,description of system ,such system shall-- 7i7 contain1 at a minimum1 data from valid and reliable surveys of students and staff on the physical education indicators that allow staff at the ,state1 local educational agencies1 and schools to examine and improve school-level conditions regarding physical activity1 education1 and fitness and nutrition2 7ii7 collect school-level data on the physical education indicators1 in the aggregate and disaggregated by the categories of race1 ethnicity1 gender1 disability status1 migrant status1 ,english proficiency1 and status as economically disadvantaged1 and cross-tabulated across all of such categories by gender and by disability2 7iii7 protect student privacy1 consistent with applicable data privacy laws and regulations1 including section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g1 commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd72 and 7iv7 to the extent possible1 utilize a web-based reporting system4 7#b7 ,eligible local applicant ,the term eligible local applicant means a local educational agency1 a consortium of local educational agencies1 or a nonprofit organization that has a track record of success in implementing the proposed activities and has signed a memorandum of understanding with a local educational agency or consortium of local educational agencies to-- 7,a7 implement school-based activities2 and 7,b7 conduct school-level measurement of the physical education indicators that are consistent with this title4 7#c7 ,local educational agency ,the term local educational agency has the meaning given the term in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#d7 ,physical education indicators ,the term physical education indicators means a set of measures for instruction on physical activity1 health-related fitness1 physical competence1 and cognitive understanding about physical activity4 ,such indicators shall include-- 7,a7 for the ,state1 for each local educational agency in the ,state1 and for each school in the ,state1 the average number of minutes per week 7averaged over the school year7 that all students spend in required physical education1 and the average number of minutes per week 7averaged over the school year7 that all students engage in moderate to vigorous physical activity1 as measured against established recommended guidelines of the ,centers for ,disease ,control and ,prevention and the ,department of ,health and ,human ,services2 7,b7 for the ,state1 the percentage of local educational agencies that have a required1 age-appropriate physical education curriculum that adheres to ,centers for ,disease ,control and ,prevention guidelines and ,state standards2 7,c7 for the ,state1 for each local educational agency in the ,state1 and for each school in the ,state1 the percentage of elementary school and secondary school physical education teachers who are licensed or certified by the ,state to teach physical education2 7,d7 for the ,state1 and for each local educational agency in the ,state1 the percentage of schools that have a physical education teacher who is certified or licensed in the ,state to teach physical education and adapted physical education2 7,e7 for each school in the ,state1 the number of indoor square feet and the number of outdoor square feet used primarily for physical education2 and 7,f7 for the ,state1 the percentage of local educational agencies that have a school wellness council that-- 7i7 includes members appointed by the local educational agency superintendent2 7ii7 may include parents1 students1 representatives of the school food authority1 representatives of the school board1 school administrators1 school nurses1 and members of the public2 and 7iii7 meets regularly to promote a healthy school environment4 7#e7 ,program to promote physical activity1 education1 and fitness and nutrition ,the term program to promote physical activity1 education1 and fitness and nutrition means a program that-- 7,a7 increases and enables active student participation in physical well-being activities and provides teacher and school leader professional development to encourage and increase such participation2 7,b7 is comprehensive in nature2 7,c7 includes opportunities for professional development for teachers of physical education to stay abreast of the latest research1 issues1 and trends in the field of physical education2 and 7,d7 includes #a or more of the following activities3 7i7 ,fitness education and assessment to help students understand1 improve1 or maintain their physical well-being4 7ii7 ,instruction in a variety of motor skills and physical activities designed to enhance the physical1 mental1 social1 and emotional development of every student4 7iii7 ,development of1 and instruction in1 cognitive concepts about motor skill and physical fitness that support a lifelong healthy lifestyle4 7iv7 ,opportunities to develop positive social and cooperative skills through physical activity4 7v7 ,instruction in healthy eating habits and good nutrition4 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#g7 ,state ,the term ,state has the meaning given the term in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 #ajb4 ,distribution of funds ,from amounts made available under section #aje1 the ,secretary shall use-- 7#a7 in each year for which funding is made available under such section1 not more than #b percent of such amounts for technical assistance and evaluation2 7#b7 for the first #c fiscal years for which funding is made available under such section-- 7,a7 except as provided in subparagraph 7,b7-- 7i7 not more than #cj percent of such amounts or #cj1jjj1jjj1 whichever amount is more1 for ,state measurement system grants1 distributed to every ,state 7by an application process consistent with section #ajc7;c77 in an amount proportional to each ,state's share of funding under part ,a of title ,i of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa et seq471 to be used-- 7,i7 to develop the ,state's physical education indicators measurement system2 7,,ii7 to conduct a needs analysis to meet the requirements of section #ajc7;c77#b77;,c72 and 7,,iii7 if grant funds remain after carrying out subclauses 7,i7 and 7,,ii71 for activities described in section #ajc7;f72 and 7ii7 not more than #fh percent of such amounts for grants under section #ajc2 and 7,b7 for any fiscal year for which the amount remaining available after funds are reserved under paragraph 7#a7 is less than #cj1jjj1jjj1 all of such remainder for the ,state measurement system grants described in subparagraph 7,a77i72 and 7#c7 for the fourth fiscal year and each subsequent fiscal year for which funding is made available under section #aje1 not less than #ih percent of such amounts for grants under section #ajc4 #ajc4 ,healthy students grants 7a7 ,grant program authorized 7#a7 ,in general ,from amounts made available under paragraph 7#b77;,a77ii7 or 7#c7 of section #ajb for a fiscal year1 the ,secretary shall award grants to ,states to implement comprehensive programs to promote physical activity1 education1 and fitness and nutrition and that are based on-- 7,a7 scientifically valid research2 and 7,b7 an analysis of need that considers1 at a minimum1 the physical education indicators4 7#b7 ,awards to ,states 7,a7 ,formula grants ,for any fiscal year for which the total amount available under 7#b77;,a77ii7 or 7#c7 of section #ajb for grants under this section is #bej1jjj1jjj or more1 the ,secretary shall allot to each ,state with an approved application an amount that bears the same relationship to such total amount as the amount received under part ,a of title ,i of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa et seq47 by such ,state for such fiscal year bears to the amount received under such part for such fiscal year by all ,states4 7,b7 ,competitive grants 7i7 ,in general ,for any fiscal year for which the total amount available under paragraph 7#b77;,a77ii7 or 7#c7 of section #ajb for grants under this section is less than #bej1jjj1jjj1 the ,secretary shall award such grants to ,states on a competitive basis4 7ii7 ,sufficient size and scope ,in awarding grants on a competitive basis pursuant to clause 7i71 the ,secretary shall ensure that grant awards are of sufficient size and scope to carry out required and approved activities under this section4 7b7 ,eligibility ,to be eligible to receive a grant under this section1 a ,state shall demonstrate that the ,state has established a statewide physical education requirement that is consistent with widely recognized standards4 7c7 ,applications 7#a7 ,in general ,a ,state that desires to receive a grant under this section shall submit an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,content of application ,at a minimum1 the application shall include-- 7,a7 documentation of the ,state's eligibility to receive a grant under this section1 as described in subsection 7b72 7,b7 a plan for improving physical activity1 education1 and fitness and nutrition in schools in the ,state in a manner consistent with the requirements of the program that may be a part of a broader statewide child and youth plan1 if such a plan exists and is consistent with the requirements of this title2 7,c7 a needs analysis of the schools in the ,state regarding physical activity1 education1 and fitness and nutrition1 which-- 7i7 shall include a description of1 and data measuring1 the ,state's performance on the physical education indicators2 and 7ii7 may be a part of a broader statewide child and youth needs analysis1 if such an analysis exists and is consistent with the requirements of this title2 7,d7 a description of how the programs to promote physical activity1 education1 and fitness and nutrition that the ,state proposes to implement with grant funds are responsive to the results of the needs analysis described in subparagraph 7,c72 and 7,e7 a description of how the ,state will-- 7i7 develop1 adapt1 improve1 or adopt1 and implement1 the ,state's physical education indicators measurement system1 and how the ,state will ensure that all local educational agencies and schools in the ,state participate in such system2 7ii7 ensure the quality of the ,state's data collection for the physical education indicators1 including the ,state's plan for survey administration and for ensuring the reliability and validity of survey instruments2 7iii7 coordinate the proposed activities with other ,federal and ,state programs1 which may include programs to expand learning time and for before- and after-school programming in order to provide sufficient time to carry out the activities described in this title2 7iv7 assist local educational agencies in aligning activities carried out with funds the agencies receive under the grant with other funding sources in order to support a coherent and non-duplicative program2 7v7 solicit and approve subgrant applications1 including how the ,state will-- 7,i7 allocate funds for statewide activities and subgrants for each year of the grant2 and 7,,ii7 consider the results of the needs analysis described in subparagraph 7,c7 in the ,state's distribution of subgrants2 7vi7 address the needs of diverse geographic areas in the ,state1 including rural and urban communities2 and 7vii7 assist local educational agencies and schools in their efforts to increase the provision of physical activity and physical education opportunities during the school day and implement programs to promote physical activity1 education1 and fitness1 and nutrition4 7#c7 ,peer-review process ,the ,secretary shall establish a peer-review process that includes individuals with applicable expertise in physical activity1 education1 or fitness or nutrition to review applications submitted under this subsection4 7d7 ,duration 7#a7 ,in general ,a ,state that receives a grant under this section may receive funding for not more than #e years in accordance with this subsection4 7#b7 ,initial period ,the ,secretary shall award grants under this section for an initial period of not more than #c years4 7#c7 ,grant extension ,the ,secretary may extend a grant awarded to a ,state under this section for not more than an additional #b years if the ,state shows sufficient improvement1 as determined by the ,secretary1 against baseline data for the performance metrics established under subsection 7h77#a74 7e7 ,reservation and use of funds ,a ,state that receives a grant under this section shall-- 7#a7 reserve not more than #aj percent of the grant funds for administration of the program1 technical assistance1 and the development1 adaptation1 improvement1 or adoption1 and implementation of the ,state's physical education indicators measurement system1 as described in paragraphs 7#a7 through 7#e7 of subsection 7f72 and 7#b7 use the remainder of grant funds after making the reservation under paragraph 7#a7 to award subgrants1 on a competitive basis1 to eligible local applicants4 7f7 ,required ,state activities ,a ,state that receives a grant under this section shall-- 7#a7 not later than #a year after receipt of the grant1 develop1 adapt1 improve1 or adopt and implement a physical education indicators measurement system 7unless the ,state can demonstrate1 to the satisfaction of the ,secretary1 that an appropriate system has already been implemented7 that annually measures the ,state's progress regarding physical activity1 education1 and fitness and nutrition for every public school in the ,state2 7#b7 collect information in each year of the grant on physical activity1 education1 and fitness and nutrition at the school level through comprehensive needs assessments of student1 school staff1 and family perceptions1 experiences1 and behaviors2 7#c7 publicly report1 at the school level and district level1 the data collected in the physical education indicators measurement system each year in a timely and highly accessible manner and in a manner that does not reveal personally identifiable information2 7#d7 use1 on a continuous basis1 the results of the physical education indicators measurement system to-- 7,a7 identify and address student physical activity1 education1 and fitness needs statewide2 7,b7 help subgrantees identify and address school and student needs2 and 7,c7 provide individualized assistance to the lowest-performing schools 7consistent with section #aaaf of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaf77 and schools with significant weaknesses with respect to physical activity1 education1 and fitness and nutrition as identified through the physical education indicators measurement system with implementation of activities under this title2 7#e7 encourage local educational agencies to-- 7,a7 integrate physical activity1 education1 and fitness into a range of subjects throughout the school day and locations within schools2 7,b7 encourage consultation with a variety of stakeholders1 including families1 students1 school officials1 and other organizations with wellness and physical activity1 education1 and fitness expertise2 and 7,c7 regularly monitor schools' efforts in improving wellness and physical activity1 education1 and fitness understanding and habits among students2 and 7#f7 award subgrants under subsection 7g7 to eligible local applicants4 7g7 ,subgrants 7#a7 ,in general 7,a7 ,awarding of subgrants ,a ,state that receives a grant under this section shall award subgrants1 on a competitive basis1 to eligible local applicants-- 7i7 based on need1 as identified by-- 7,i7 data from the ,state physical education indicators measurement system and1 if available1 similar local systems2 or 7,,ii7 in the case of a ,state for which the ,state physical education indicators measurement system required under subsection 7f77#a7 is not yet implemented1 other data determined appropriate by the ,state2 7ii7 that are of sufficient size and scope to enable the eligible local applicants to carry out approved activities2 and 7iii7 to implement programs to promote physical activity1 education1 and fitness and nutrition that-- 7,i7 are comprehensive in nature2 and 7,,ii7 are based on scientifically valid research4 7,b7 ,assistance ,a ,state that receives a grant under this section shall provide assistance to subgrant applicants and recipients in the selection of scientifically valid programs to promote physical activity1 education1 and fitness and nutrition4 7,c7 ,partnerships allowed ,an eligible local applicant may apply for a subgrant under this subsection in partnership with #a or more community-based organizations4 7#b7 ,applications ,an eligible local applicant that desires to receive a subgrant under this subsection shall submit to the ,state an application at such time1 in such manner1 and containing such information as the ,state may require4 7#c7 ,priority ,in awarding subgrants under this subsection1 a ,state shall give priority to applications that-- 7,a7 demonstrate the greatest need according to the results of the ,state's needs analysis described in subsection 7c77#b77;,c72 and 7,b7 propose to serve schools with the highest concentrations of poverty1 based on the percentage of students receiving or eligible to receive a free or reduced price lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq474 7#d7 ,activities of subgrant recipients ,each eligible local applicant receiving a subgrant under this subsection shall1 for the duration of the subgrant-- 7,a7 carry out1 as part of a program to promote physical activity1 education1 and fitness and nutrition1 activities-- 7i7 the need for which has been identified1 at a minimum-- 7,i7 through the physical education indicators measurement system2 or 7,,ii7 in the case of a ,state that has not yet implemented the physical education indicators measurement system as required under subsection 7f77#a71 the ,state's needs analysis described in subsection 7c77#b77;,c72 and 7ii7 that are part of a comprehensive strategy or framework to address such need2 7,b7 ensure that each activity selected as part of such program be based on scientifically valid research and be used for the purpose for which such activity was found to be effective2 7,c7 use school-level data from the statewide physical education indicators1 and use the statewide physical education indicators measurement system when implemented by the ,state as required under subsection 7f77#a71 to inform the implementation and continuous improvement of activities carried out under this title2 7,d7 collect and report to the ,state educational agency1 data for schools served by the eligible local applicant1 in a manner determined by the ,state and consistent with the ,state's physical education indicators measurement system1 when established2 7,e7 7i7 establish policies to expand access to quality physical activity opportunities 7including school wellness policies72 and 7ii7 if the local educational agency to be served through the grant does not have an active school wellness council consistent with the requirements of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #agga et seq471 establish such a school wellness council1 which may be part of an existing school council that has the capacity and willingness to address school wellness2 7,f7 engage family members and community-based organizations in the development of physical education indicators surveys1 and in the planning1 implementation1 and review of the eligible local applicant's efforts under this title2 and 7,g7 consider and accommodate the unique needs of students with disabilities and ,english language learners in implementing activities4 7h7 ,accountability 7#a7 ,establishment of performance metrics ,the ,secretary1 acting through the ,director of the ,institute of ,education ,sciences1 shall establish program performance metrics to measure the effectiveness of the activities carried out under this title4 7#b7 ,annual report ,each ,state that receives a grant under this title shall prepare and submit to the ,secretary an annual report that includes information relevant to the physical education indicators1 including progress towards meeting outcomes for the metrics established under paragraph 7#a74 #ajd4 ,funds reserved for ,secretary ,from the amount reserved under section #ajb7a71 the ,secretary shall-- 7#a7 direct the ,institute of ,education ,sciences to conduct an evaluation of the impact of the practices funded or disseminated under this title2 and 7#b7 provide technical assistance to applicants for and recipients of1 grants and subgrants under this title4 #aje4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this title such sums as may be necessary for fiscal year #bjad and each of the #e succeeding fiscal years4 ,,ii ,parental involvement for healthy students2 equal physical activity opportunities for students with disabilities #bja4 ,parental involvement ,section #aaah7;d77#a7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcah7;d77#a77 is amended-- 7#a7 by inserting 1 healthy1 after supportive2 7#b7 by striking 2 and participating and inserting 2 participating2 and 7#c7 by inserting after extracurricular time the following3 2 and supporting their children in leading a healthy and active life1 such as by providing healthy meals and snacks1 encouraging participation in physical education1 and sharing in physical activity outside the school day to support successful academic achievement4 #bjb4 ,equal physical activity opportunities for students with disabilities 7a7 ,in general ,title ,v of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gia et seq47 is amended by adding at the end the following3 #eaa4 ,equal physical activity opportunities for students with disabilities 7a7 ,in general ,the ,secretary shall promote equal opportunities for students with disabilities to be included and to participate in physical education and extracurricular athletics implemented in1 or in conjunction with1 elementary schools1 secondary schools1 and institutions of higher education1 by ensuring the provision of appropriate technical assistance and guidance for schools and institutions described in this subsection and their personnel4 7b7 ,technical assistance and guidance ,the provision of technical assistance and guidance described in subsection 7a7 shall include-- 7#a7 providing technical assistance to elementary schools1 secondary schools1 local educational agencies1 ,state educational agencies1 and institutions of higher education1 regarding-- 7,a7 inclusion and participation of students with disabilities1 in a manner equal to that of the other students1 in physical education opportunities 7including classes7 and extracurricular athletics opportunities1 including technical assistance on-- 7i7 providing reasonable modifications to policies1 practices1 and procedures2 and 7ii7 providing supports to ensure such inclusion and participation2 7,b7 provision of adaptive sports programs1 in the physical education and extracurricular athletics opportunities1 including programs with competitive sports leagues or competitions1 for students with disabilities2 and 7,c7 responsibilities of the schools1 institutions1 and agencies involved under section #ejd1 the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 and any other applicable ,federal law to provide students with disabilities equal access to extracurricular athletics2 7#b7 facilitating information sharing among the schools1 institutions1 and agencies1 and students with disabilities1 on ways to provide inclusive opportunities in physical education and extracurricular athletics for students with disabilities2 and 7#c7 monitoring the extent to which physical education and extracurricular athletics opportunities for students with disabilities are implemented in1 or in conjunction with1 elementary schools1 secondary schools1 and institutions of higher education4 7c7 ,definitions ,in this section3 7#a7 ,agencies ,the terms local educational agency and ,state educational agency have the meanings given the terms in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#b7 ,schools and institutions ,the terms elementary school1 secondary school1 and institution of higher education mean an elementary school1 secondary school1 or institution of higher education1 respectively 7as defined in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja771 that receives1 or has #a or more students that receive1 ,federal financial assistance4 7#c7 ,student with a disability 7,a7 ,in general ,the term student with a disability means an individual who-- 7i7 attends an elementary school1 secondary school1 or institution of higher education2 and 7ii7 who-- 7,i7 is eligible for1 and receiving1 special education or related services under part ,b of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adaa et seq472 or 7,,ii7 is an individual with a disability1 for purposes of section #ejd or the ,americans with ,disabilities ,act of #aiij4 7,b7 ,students with disabilities ,the term students with disabilities means more than #a student with a disability4 4 7b7 ,table of contents ,the table of contents in section #a7;b7 of the ,rehabilitation ,act of #aigc is amended by inserting after the item relating to section #eji the following3 ,sec4 #eaj4 ,establishment of standards for accessible medical diagnostic equipment4 ,sec4 #eaa4 ,equal physical activity opportunities for students with disabilities4 4