,,ii #aadth ,,congress #ast ,session ,s4 #ajge ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bc1 #bjae,mrs4 ,gillibrand introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to strengthen and extend the authorization of appropriations for the ,carol ,m4 ,white ,physical ,education ,program and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fitness ,integrated ,into ,teaching ,kids ,act or the ,,fit ,kids ,act4 #b4 ,amendments to the ,carol ,m4 ,white physical education program ,subpart #aj of part ,d of title ,v of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbfa et seq47 is amended to read as follows3 #aj ,physical ,education #eeja4 ,short title ,this subpart may be cited as the ,carol ,m4 ,white ,physical ,education ,program4 #eejb4 ,purpose ,the purpose of this subpart is to award grants to initiate1 expand1 and improve physical education programs for all kindergarten through #abth-grade students4 #eejc4 ,allocation of funds 7a7 ,grants to local educational agencies and community-,based organizations ,the ,secretary shall use the funds made available to carry out this subpart1 except funds reserved under subsection 7b7 7if any71 to support grants to local educational agencies and community-based organizations under section #eejd4 7b7 ,grants to ,states ,of the funds appropriated to carry out this subpart for a fiscal year1 the ,secretary shall reserve #be percent of the amount by which such funds exceed #ge1jjj1jjj to award grants to ,states1 on a competitive basis1 in accordance with section #eeje4 #eejd4 ,grants to local educational agencies and community-based organizations 7a7 ,authorization ,the ,secretary is authorized to award grants to local educational agencies and community-based organizations 7such as ,boys and ,girls ,clubs1 ,boy ,scouts and ,girl ,scouts1 and the ,young ,men's ,christian ,organization 7,,ymca7 and ,young ,women's ,christian ,organization 7,,ywca77 to pay the ,federal share of the costs of initiating1 expanding1 and improving physical education programs 7including after-school programs7 for kindergarten through #abth-grade students by-- 7#a7 providing equipment and support to enable students to participate actively in physical education activities2 and 7#b7 providing funds for staff and teacher training and education4 7b7 ,program elements ,a physical education program funded under this section may provide for one or more of the following3 7#a7 ,fitness education and assessment to help students understand1 improve1 or maintain their physical well-being4 7#b7 ,instruction in a variety of motor skills and physical activities designed to enhance the physical1 mental1 and social or emotional development of every student4 7#c7 ,development of1 and instruction in1 cognitive concepts about motor skill and physical fitness that support a lifelong healthy lifestyle4 7#d7 ,opportunities to develop positive social and cooperative skills through physical activity participation4 7#e7 ,instruction in healthy eating habits and good nutrition4 7#f7 ,opportunities for professional development for teachers of physical education to stay abreast of the latest research1 issues1 and trends in the field of physical education4 7c7 ,special rule ,for the purpose of this section1 extracurricular activities1 such as team sports and ,reserve ,officers' ,training ,corps 7,,rotc7 program activities1 shall not be considered as part of the curriculum of a physical education program assisted under this section4 7d7 ,applications 7#a7 ,in general ,each local educational agency or community-based organization desiring a grant under this section shall submit to the ,secretary an application that contains a plan to initiate1 expand1 or improve physical education programs in order to make progress toward meeting ,state standards for physical education4 7#b7 ,private school and home-schooled students ,an application for funds under this section may provide for the participation1 in the activities funded under this section1 of-- 7,a7 students enrolled in private nonprofit elementary schools or secondary schools1 and their parents and teachers2 or 7,b7 home-schooled students1 and their parents and teachers4 7e7 ,annual report to the ,secretary ,in order to continue receiving funding after the first year of a multiyear grant under this section1 the administrator of the grant for the local educational agency or community-based organization shall submit to the ,secretary an annual report that-- 7#a7 describes the activities conducted during the preceding year2 and 7#b7 demonstrates that progress has been made toward meeting ,state standards for physical education4 7f7 ,administrative expenses ,not more than #e percent of the grant funds made available to a local educational agency or community-based organization under this section for any fiscal year may be used for administrative expenses4 7g7 ,federal share ,the ,federal share under this section may not exceed-- 7#a7 #ij percent of the total cost of a program for the first year for which the program receives assistance under this section2 and 7#b7 #ge percent of such cost for the second and each subsequent such year4 7h7 ,proportionality ,to the extent practicable1 the ,secretary shall ensure that grants awarded under this section shall be equitably distributed among local educational agencies and community-based organizations serving urban and rural areas4 7i7 ,report to ,congress ,not later than #b years after the ,secretary awards the first grant under this section1 the ,secretary shall submit a report to ,congress that-- 7#a7 describes the programs assisted under this section2 7#b7 documents the success of such programs in improving physical fitness2 and 7#c7 makes such recommendations as the ,secretary determines appropriate for the continuation and improvement of the programs assisted under this section4 #eeje4 ,grants to ,states 7a7 ,authorization ,subject to the availability of funds described in section #eejc1 the ,secretary is authorized to award grants to ,states to implement comprehensive programs that address the purpose of this subpart4 ,such programs shall be based on-- 7#a7 scientifically valid research1 to the extent feasible2 and 7#b7 an analysis of need that considers1 at a minimum1 the indicators in the ,state's measurement system described in subsection 7e74 7b7 ,application ,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 ,at a minimum1 the application shall include-- 7#a7 an analysis of the needs of the schools and students in the ,state in the areas of physical activity1 physical education1 fitness1 and nutrition1 which shall include a description of1 and data measuring1 conditions of the ,state in the areas of physical activity1 physical education1 fitness1 and nutrition2 7#b7 a plan for improving the physical activity1 physical education1 fitness1 and nutrition of students in the ,state1 which may be part of a broader statewide child and youth plan if the plan proposes to implement activities responsive to the results of the needs analysis described in paragraph 7#a72 and 7#c7 a description of how the ,state will-- 7,a7 develop1 adopt1 adapt1 or implement the ,state's measurement system described in subsection 7e71 and how the ,state will ensure that all local educational agencies and schools in the ,state participate in such system2 7,b7 ensure the quality and validity of the ,state's procedures for collecting the data needed to implement that measurement system2 7,c7 coordinate the proposed activities with other ,federal and ,state programs1 which may include programs to expand learning time and for before- and after-school programming2 7,d7 assist local educational agencies in aligning the activities such agencies carry out under this section with funds from other sources in order to support a coherent and nonduplicative program2 and 7,e7 solicit and approve applications for subgrants under subsection 7g71 including how the ,state will-- 7i7 consider the results of the analysis described in paragraph 7#a7 in the ,state's distribution of subgrants2 and 7ii7 address the needs of diverse geographic areas in the ,state1 including rural and urban communities4 7c7 ,reservation of funds ,a ,state that receives a grant under this section shall-- 7#a7 reserve not more than #e percent of the grant funds for administration of the program implemented with such grant1 technical assistance1 professional development of teachers1 and the development1 improvement1 and implementation of the ,state's measurement system1 as described in subsection 7e72 and 7#b7 use the remainder of grant funds to award subgrants1 on a competitive basis1 to eligible local applicants4 7d7 ,state activities ,a ,state that receives a grant under this section shall-- 7#a7 establish a statewide physical education requirement that is consistent with widely recognized standards2 7#b7 not later than #a year after receipt of the grant1 develop1 adapt1 improve1 or adopt and implement the statewide measurement system described in subsection 7e7 7unless the ,state can demonstrate1 to the satisfaction of the ,secretary1 that an appropriate system has already been implemented7 that annually measures the progress of each local educational agency in the ,state on the measures described in that subsection2 7#c7 not later than #ah months after receipt of the grant and annually thereafter1 provide a public report to local educational agencies in the ,state on the data collected in the ,state's measurement system described in subsection 7e71 in a timely and highly accessible manner1 and in a manner that does not reveal personally identifiable information of students2 7#d7 award subgrants1 consistent with subsection 7g71 to eligible local applicants2 7#e7 use the results of the data collected in the measurement system described in subsection 7e7 to help subgrantees identify and address school and student needs2 7#f7 provide professional development that is directly related to the fields of physical education and health education to physical education teachers and health education teachers to help ensure that children are leading healthy1 active lifestyles that are conducive to effective learning2 and 7#g7 monitor subgrants and provide technical assistance to subgrantees on the implementation of subgrant activities4 7e7 ,measurement system ,each ,state that receives a grant under this section shall establish a ,state reporting and information system that is1 to the extent practicable1 part of the ,state's statewide longitudinal data system and with the ,state's system for reporting the data required under section #aaaa and that measures conditions at the local educational agency level related to physical fitness1 physical education1 student health1 and nutrition1 including information on-- 7#a7 the amount of time students spend in required physical education and the amount of time they spend in moderate to vigorous physical activity2 7#b7 whether a local educational agency has a required1 age-appropriate physical education curriculum for all students that adheres to ,state standards and to national guidelines adopted by the ,centers for ,disease ,control and ,prevention2 7#c7 the number of physical education teachers employed by the local educational agency who are ,state-licensed or ,state-certified as physical education teachers1 and the number of physical education teachers who are not so licensed or certified2 7#d7 the number of schools operated by the local educational agency that have 7and the number that do not have7 a school health council that-- 7,a7 includes parents1 students1 representatives of the school food authority1 representatives of the school board1 school administrators1 and members of the public2 and 7,b7 meets at least monthly to promote a healthy school environment2 and 7#e7 the number of square feet of facilities 7disaggregated by indoor and outdoor facilities7 under the control or use of the agency that are primarily used for physical education and the number of square feet 7so disaggregated7 that are primarily used for other physical activity4 7f7 ,compiling statistics ,in compiling the statistics required pursuant to subsection 7e7-- 7#a7 the ,state shall ensure use of uniform definitions and data collection procedures for all local educational agencies statewide2 7#b7 the ,state shall collect the data required under subsection 7e7 at least annually2 and 7#c7 the ,state and its subgrantees shall use the data for planning and continuous improvement of activities implemented under this section1 and subgrantees may collect data for indicators that are locally defined1 and that are not reported to the ,state1 to meet local needs 7so long as such indicators are aligned with the objectives of this section74 7g7 ,subgrants to eligible local applicants 7#a7 ,subgrants ,a ,state that receives a grant under this section shall award subgrants1 on a competitive basis1 to eligible local applicants-- 7,a7 based on need1 as identified by the ,state's measurement system described in subsection 7e72 7,b7 that are of sufficient size and scope to enable such applicants to carry out approved activities2 and 7,c7 to implement programs that are comprehensive in nature and that promote physical activity1 physical education1 fitness1 and nutrition4 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 identified by the ,state's measurement system described in subsection 7e72 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 subgrantees ,each recipient of a subgrant under this subsection shall1 for the duration of the subgrant-- 7,a7 carry out programs to promote physical activity1 physical education1 fitness1 and nutrition-- 7i7 the need for which has been identified through the ,state's measurement system described in subsection 7e72 and 7ii7 that are part of a comprehensive strategy or framework to address such need2 7,b7 ensure that each framework1 intervention1 or program selected to be implemented through the subgrant be based1 if feasible1 on scientifically valid research and be used for the purpose for which such framework1 intervention1 or program was found to be effective2 7,c7 collect and report to the ,state educational agency data for schools served by the subgrantee1 in a manner consistent with the ,state's measurement system1 described in subsection 7e72 7,d7 establish policies to expand access to quality physical activity opportunities1 including local school wellness policies consistent with the requirements of section #i;,a of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #ageh;b72 and 7,e7 consider and accommodate the unique needs of students with disabilities and ,english learners in implementing activities4 7h7 ,annual ,state report ,each ,state that receives a grant under this section shall prepare and submit an annual report to the ,secretary on the use of funds under this section4 #eejf4 ,supplement1 not supplant ,funds made available under this subpart shall be used to supplement1 and not supplant1 any other ,federal1 ,state1 or local funds available for physical education activities4 4