[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1033 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1033
To authorize a grant program to promote physical education, activity,
and fitness and nutrition, and to ensure healthy students, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 23, 2013
Mr. Harkin introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To authorize a grant program to promote physical education, activity,
and fitness and nutrition, and to ensure healthy students, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fitness Integrated with Teaching
Kids Act'' or the ``FIT Kids Act''.
TITLE I--HEALTHY STUDENTS GRANTS
SEC. 101. DEFINITIONS.
In this title:
(1) Physical education indicators measurement system.--
(A) In general.--The term ``physical education
indicators measurement system'' means a State reporting
and information system that measures student physical
health and well-being, nutrition, and fitness based on
the physical education indicators and is, to the extent
possible, part of the State's statewide longitudinal
data system and part of the State's system for
reporting the data required under section 1111 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311).
(B) Description of system.--Such system shall--
(i) contain, at a minimum, data from valid
and reliable surveys of students and staff on
the physical education indicators that allow
staff at the State, local educational agencies,
and schools to examine and improve school-level
conditions regarding physical activity,
education, and fitness and nutrition;
(ii) collect school-level data on the
physical education indicators, in the aggregate
and disaggregated by the categories of race,
ethnicity, gender, disability status, migrant
status, English proficiency, and status as
economically disadvantaged, and cross-tabulated
across all of such categories by gender and by
disability;
(iii) protect student privacy, consistent
with applicable data privacy laws and
regulations, including section 444 of the
General Education Provisions Act (20 U.S.C.
1232g, commonly known as the ``Family
Educational Rights and Privacy Act of 1974'');
and
(iv) to the extent possible, utilize a web-
based reporting system.
(2) Eligible local applicant.--The term ``eligible local
applicant'' means a local educational agency, a consortium of
local educational agencies, 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--
(A) implement school-based activities; and
(B) conduct school-level measurement of the
physical education indicators that are consistent with
this title.
(3) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(4) Physical education indicators.--The term ``physical
education indicators'' means a set of measures for instruction
on physical activity, health-related fitness, physical
competence, and cognitive understanding about physical
activity. Such indicators shall include--
(A) for the State, for each local educational
agency in the State, and for each school in the State,
the average number of minutes per week (averaged over
the school year) that all students spend in required
physical education, and the average number of minutes
per week (averaged over the school year) that all
students engage in moderate to vigorous physical
activity, as measured against established recommended
guidelines of the Centers for Disease Control and
Prevention and the Department of Health and Human
Services;
(B) for the State, the percentage of local
educational agencies that have a required, age-
appropriate physical education curriculum that adheres
to Centers for Disease Control and Prevention
guidelines and State standards;
(C) for the State, for each local educational
agency in the State, and for each school in the State,
the percentage of elementary school and secondary
school physical education teachers who are licensed or
certified by the State to teach physical education;
(D) for the State, and for each local educational
agency in the State, 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 education;
(E) for each school in the State, the number of
indoor square feet and the number of outdoor square
feet used primarily for physical education; and
(F) for the State, the percentage of local
educational agencies that have a school wellness
council that--
(i) includes members appointed by the local
educational agency superintendent;
(ii) may include parents, students,
representatives of the school food authority,
representatives of the school board, school
administrators, school nurses, and members of
the public; and
(iii) meets regularly to promote a healthy
school environment.
(5) Program to promote physical activity, education, and
fitness and nutrition.--The term ``program to promote physical
activity, education, and fitness and nutrition'' means a
program that--
(A) increases and enables active student
participation in physical well-being activities and
provides teacher and school leader professional
development to encourage and increase such
participation;
(B) is comprehensive in nature;
(C) includes opportunities for professional
development for teachers of physical education to stay
abreast of the latest research, issues, and trends in
the field of physical education; and
(D) includes 1 or more of the following activities:
(i) Fitness education and assessment to
help students understand, improve, or maintain
their physical well-being.
(ii) Instruction in a variety of motor
skills and physical activities designed to
enhance the physical, mental, social, and
emotional development of every student.
(iii) Development of, and instruction in,
cognitive concepts about motor skill and
physical fitness that support a lifelong
healthy lifestyle.
(iv) Opportunities to develop positive
social and cooperative skills through physical
activity.
(v) Instruction in healthy eating habits
and good nutrition.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(7) State.--The term ``State'' has the meaning given the
term in section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
SEC. 102. DISTRIBUTION OF FUNDS.
From amounts made available under section 105, the Secretary shall
use--
(1) in each year for which funding is made available under
such section, not more than 2 percent of such amounts for
technical assistance and evaluation;
(2) for the first 3 fiscal years for which funding is made
available under such section--
(A) except as provided in subparagraph (B)--
(i) not more than 30 percent of such
amounts or $30,000,000, whichever amount is
more, for State measurement system grants,
distributed to every State (by an application
process consistent with section 103(c)) 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 1965
(20 U.S.C. 6311 et seq.), to be used--
(I) to develop the State's physical
education indicators measurement
system;
(II) to conduct a needs analysis to
meet the requirements of section
103(c)(2)(C); and
(III) if grant funds remain after
carrying out subclauses (I) and (II),
for activities described in section
103(f); and
(ii) not more than 68 percent of such
amounts for grants under section 103; and
(B) for any fiscal year for which the amount
remaining available after funds are reserved under
paragraph (1) is less than $30,000,000, all of such
remainder for the State measurement system grants
described in subparagraph (A)(i); and
(3) for the fourth fiscal year and each subsequent fiscal
year for which funding is made available under section 105, not
less than 98 percent of such amounts for grants under section
103.
SEC. 103. HEALTHY STUDENTS GRANTS.
(a) Grant Program Authorized.--
(1) In general.--From amounts made available under
paragraph (2)(A)(ii) or (3) of section 102 for a fiscal year,
the Secretary shall award grants to States to implement
comprehensive programs to promote physical activity, education,
and fitness and nutrition and that are based on--
(A) scientifically valid research; and
(B) an analysis of need that considers, at a
minimum, the physical education indicators.
(2) Awards to states.--
(A) Formula grants.--For any fiscal year for which
the total amount available under (2)(A)(ii) or (3) of
section 102 for grants under this section is
$250,000,000 or more, 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 1965 (20
U.S.C. 6311 et seq.) by such State for such fiscal year
bears to the amount received under such part for such
fiscal year by all States.
(B) Competitive grants.--
(i) In general.--For any fiscal year for
which the total amount available under
paragraph (2)(A)(ii) or (3) of section 102 for
grants under this section is less than
$250,000,000, the Secretary shall award such
grants to States on a competitive basis.
(ii) Sufficient size and scope.--In
awarding grants on a competitive basis pursuant
to clause (i), the Secretary shall ensure that
grant awards are of sufficient size and scope
to carry out required and approved activities
under this section.
(b) Eligibility.--To be eligible to receive a grant under this
section, a State shall demonstrate that the State has established a
statewide physical education requirement that is consistent with widely
recognized standards.
(c) Applications.--
(1) In general.--A State that desires to receive a grant
under this section shall submit an application at such time, in
such manner, and containing such information as the Secretary
may require.
(2) Content of application.--At a minimum, the application
shall include--
(A) documentation of the State's eligibility to
receive a grant under this section, as described in
subsection (b);
(B) a plan for improving physical activity,
education, 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 plan, if such a plan exists and is
consistent with the requirements of this title;
(C) a needs analysis of the schools in the State
regarding physical activity, education, and fitness and
nutrition, which--
(i) shall include a description of, and
data measuring, the State's performance on the
physical education indicators; and
(ii) may be a part of a broader statewide
child and youth needs analysis, if such an
analysis exists and is consistent with the
requirements of this title;
(D) a description of how the programs to promote
physical activity, education, 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 (C); and
(E) a description of how the State will--
(i) develop, adapt, improve, or adopt, and
implement, the State's physical education
indicators measurement system, and how the
State will ensure that all local educational
agencies and schools in the State participate
in such system;
(ii) ensure the quality of the State's data
collection for the physical education
indicators, including the State's plan for
survey administration and for ensuring the
reliability and validity of survey instruments;
(iii) coordinate the proposed activities
with other Federal and State programs, 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 title;
(iv) 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 program;
(v) solicit and approve subgrant
applications, including how the State will--
(I) allocate funds for statewide
activities and subgrants for each year
of the grant; and
(II) consider the results of the
needs analysis described in
subparagraph (C) in the State's
distribution of subgrants;
(vi) address the needs of diverse
geographic areas in the State, including rural
and urban communities; and
(vii) 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
activity, education, and fitness, and
nutrition.
(3) Peer-review process.--The Secretary shall establish a
peer-review process that includes individuals with applicable
expertise in physical activity, education, or fitness or
nutrition to review applications submitted under this
subsection.
(d) Duration.--
(1) In general.--A State that receives a grant under this
section may receive funding for not more than 5 years in
accordance with this subsection.
(2) Initial period.--The Secretary shall award grants under
this section for an initial period of not more than 3 years.
(3) Grant extension.--The Secretary may extend a grant
awarded to a State under this section for not more than an
additional 2 years if the State shows sufficient improvement,
as determined by the Secretary, against baseline data for the
performance metrics established under subsection (h)(1).
(e) Reservation and Use of Funds.--A State that receives a grant
under this section shall--
(1) reserve not more than 10 percent of the grant funds for
administration of the program, technical assistance, and the
development, adaptation, improvement, or adoption, and
implementation of the State's physical education indicators
measurement system, as described in paragraphs (1) through (5)
of subsection (f); and
(2) use the remainder of grant funds after making the
reservation under paragraph (1) to award subgrants, on a
competitive basis, to eligible local applicants.
(f) Required State Activities.--A State that receives a grant under
this section shall--
(1) not later than 1 year after receipt of the grant,
develop, adapt, improve, or adopt and implement a physical
education indicators measurement system (unless the State can
demonstrate, to the satisfaction of the Secretary, that an
appropriate system has already been implemented) that annually
measures the State's progress regarding physical activity,
education, and fitness and nutrition for every public school in
the State;
(2) collect information in each year of the grant on
physical activity, education, and fitness and nutrition at the
school level through comprehensive needs assessments of
student, school staff, and family perceptions, experiences, and
behaviors;
(3) publicly report, at the school level and district
level, 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 information;
(4) use, on a continuous basis, the results of the physical
education indicators measurement system to--
(A) identify and address student physical activity,
education, and fitness needs statewide;
(B) help subgrantees identify and address school
and student needs; and
(C) provide individualized assistance to the
lowest-performing schools (consistent with section 1116
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6316)) and schools with significant
weaknesses with respect to physical activity,
education, and fitness and nutrition as identified
through the physical education indicators measurement
system with implementation of activities under this
title;
(5) encourage local educational agencies to--
(A) integrate physical activity, education, and
fitness into a range of subjects throughout the school
day and locations within schools;
(B) encourage consultation with a variety of
stakeholders, including families, students, school
officials, and other organizations with wellness and
physical activity, education, and fitness expertise;
and
(C) regularly monitor schools' efforts in improving
wellness and physical activity, education, and fitness
understanding and habits among students; and
(6) award subgrants under subsection (g) to eligible local
applicants.
(g) Subgrants.--
(1) In general.--
(A) Awarding of subgrants.--A State that receives a
grant under this section shall award subgrants, on a
competitive basis, to eligible local applicants--
(i) based on need, as identified by--
(I) data from the State physical
education indicators measurement system
and, if available, similar local
systems; or
(II) in the case of a State for
which the State physical education
indicators measurement system required
under subsection (f)(1) is not yet
implemented, other data determined
appropriate by the State;
(ii) that are of sufficient size and scope
to enable the eligible local applicants to
carry out approved activities; and
(iii) to implement programs to promote
physical activity, education, and fitness and
nutrition that--
(I) are comprehensive in nature;
and
(II) are based on scientifically
valid research.
(B) 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
activity, education, and fitness and nutrition.
(C) Partnerships allowed.--An eligible local
applicant may apply for a subgrant under this
subsection in partnership with 1 or more community-
based organizations.
(2) Applications.--An eligible local applicant that desires
to receive a subgrant under this subsection shall submit to the
State an application at such time, in such manner, and
containing such information as the State may require.
(3) Priority.--In awarding subgrants under this subsection,
a State shall give priority to applications that--
(A) demonstrate the greatest need according to the
results of the State's needs analysis described in
subsection (c)(2)(C); and
(B) propose to serve schools with the highest
concentrations of poverty, based on the percentage of
students receiving or eligible to receive a free or
reduced price lunch under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.).
(4) Activities of subgrant recipients.--Each eligible local
applicant receiving a subgrant under this subsection shall, for
the duration of the subgrant--
(A) carry out, as part of a program to promote
physical activity, education, and fitness and
nutrition, activities--
(i) the need for which has been identified,
at a minimum--
(I) through the physical education
indicators measurement system; or
(II) in the case of a State that
has not yet implemented the physical
education indicators measurement system
as required under subsection (f)(1),
the State's needs analysis described in
subsection (c)(2)(C); and
(ii) that are part of a comprehensive
strategy or framework to address such need;
(B) 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 effective;
(C) use school-level data from the statewide
physical education indicators, and use the statewide
physical education indicators measurement system when
implemented by the State as required under subsection
(f)(1), to inform the implementation and continuous
improvement of activities carried out under this title;
(D) collect and report to the State educational
agency, data for schools served by the eligible local
applicant, in a manner determined by the State and
consistent with the State's physical education
indicators measurement system, when established;
(E)(i) establish policies to expand access to
quality physical activity opportunities (including
school wellness policies); and
(ii) 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 1966 (42 U.S.C. 1771 et
seq.), establish such a school wellness council, which
may be part of an existing school council that has the
capacity and willingness to address school wellness;
(F) engage family members and community-based
organizations in the development of physical education
indicators surveys, and in the planning,
implementation, and review of the eligible local
applicant's efforts under this title; and
(G) consider and accommodate the unique needs of
students with disabilities and English language
learners in implementing activities.
(h) Accountability.--
(1) Establishment of performance metrics.--The Secretary,
acting through the Director of the Institute of Education
Sciences, shall establish program performance metrics to
measure the effectiveness of the activities carried out under
this title.
(2) 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 indicators, including progress towards meeting
outcomes for the metrics established under paragraph (1).
SEC. 104. FUNDS RESERVED FOR SECRETARY.
From the amount reserved under section 102(1), the Secretary
shall--
(1) direct the Institute of Education Sciences to conduct
an evaluation of the impact of the practices funded or
disseminated under this title; and
(2) provide technical assistance to applicants for and
recipients of, grants and subgrants under this title.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title
such sums as may be necessary for fiscal year 2014 and each of the 5
succeeding fiscal years.
TITLE II--PARENTAL INVOLVEMENT FOR HEALTHY STUDENTS; EQUAL PHYSICAL
ACTIVITY OPPORTUNITIES FOR STUDENTS WITH DISABILITIES
SEC. 201. PARENTAL INVOLVEMENT.
Section 1118(d)(1) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6318(d)(1)) is amended--
(1) by inserting ``, healthy,'' after ``supportive'';
(2) by striking ``; and participating'' and inserting ``;
participating''; and
(3) by inserting after ``extracurricular time'' the
following: ``; and supporting their children in leading a
healthy and active life, such as by providing healthy meals and
snacks, encouraging participation in physical education, and
sharing in physical activity outside the school day to support
successful academic achievement''.
SEC. 202. EQUAL PHYSICAL ACTIVITY OPPORTUNITIES FOR STUDENTS WITH
DISABILITIES.
(a) In General.--Title V of the Rehabilitation Act of 1973 (29
U.S.C. 791 et seq.) is amended by adding at the end the following:
``SEC. 511. EQUAL PHYSICAL ACTIVITY OPPORTUNITIES FOR STUDENTS WITH
DISABILITIES.
``(a) 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 in, or in
conjunction with, elementary schools, secondary schools, and
institutions of higher education, by ensuring the provision of
appropriate technical assistance and guidance for schools and
institutions described in this subsection and their personnel.
``(b) Technical Assistance and Guidance.--The provision of
technical assistance and guidance described in subsection (a) shall
include--
``(1) providing technical assistance to elementary schools,
secondary schools, local educational agencies, State
educational agencies, and institutions of higher education,
regarding--
``(A) inclusion and participation of students with
disabilities, in a manner equal to that of the other
students, in physical education opportunities
(including classes) and extracurricular athletics
opportunities, including technical assistance on--
``(i) providing reasonable modifications to
policies, practices, and procedures; and
``(ii) providing supports to ensure such
inclusion and participation;
``(B) provision of adaptive sports programs, in the
physical education and extracurricular athletics
opportunities, including programs with competitive
sports leagues or competitions, for students with
disabilities; and
``(C) responsibilities of the schools,
institutions, and agencies involved under section 504,
the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.), and any other applicable Federal law to
provide students with disabilities equal access to
extracurricular athletics;
``(2) facilitating information sharing among the schools,
institutions, and agencies, and students with disabilities, on
ways to provide inclusive opportunities in physical education
and extracurricular athletics for students with disabilities;
and
``(3) monitoring the extent to which physical education and
extracurricular athletics opportunities for students with
disabilities are implemented in, or in conjunction with,
elementary schools, secondary schools, and institutions of
higher education.
``(c) Definitions.--In this section:
``(1) Agencies.--The terms `local educational agency' and
`State educational agency' have the meanings given the terms in
section 9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
``(2) Schools and institutions.--The terms `elementary
school', `secondary school', and `institution of higher
education' mean an elementary school, secondary school, or
institution of higher education, respectively (as defined in
section 9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801)), that receives, or has 1 or more
students that receive, Federal financial assistance.
``(3) Student with a disability.--
``(A) In general.--The term `student with a
disability' means an individual who--
``(i) attends an elementary school,
secondary school, or institution of higher
education; and
``(ii) who--
``(I) is eligible for, and
receiving, special education or related
services under part B of the
Individuals with Disabilities Education
Act (20 U.S.C. 1411 et seq.); or
``(II) is an individual with a
disability, for purposes of section 504
or the Americans with Disabilities Act
of 1990.
``(B) Students with disabilities.--The term
`students with disabilities' means more than 1 student
with a disability.''.
(b) Table of Contents.--The table of contents in section 1(b) of
the Rehabilitation Act of 1973 is amended by inserting after the item
relating to section 509 the following:
``Sec. 510. Establishment of standards for accessible medical
diagnostic equipment.
``Sec. 511. Equal physical activity opportunities for students with
disabilities.''.
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