I 

111TH CONGRESS 

1ST SESSION H. R. 1585 

To amend the Elementary and Secondary Education Act of 1965 to improve 

standards for physical education. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 18, 2009 

Mr. KIND (for himself, Mr. WAMP, Mr. INSLEE, Mrs. DAVIS of California, and 

Mr. HOLT) introduced the following bill; which was referred to the Committee on Education and Labor 

A BILL 

To amend the Elementary and Secondary Education Act 

of 1965 to improve standards for physical education. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fitness Integrated 

5 with Teaching Kids Act’’ or the ‘‘FIT Kids Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) Childhood obesity has reached epidemic pro9 portions in the United States. 


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1 (2) Obesity-related diseases cost the United 

2 States economy more than $117,000,000,000 every 

3 year. 

4 (3) The prevalence of overweight in children be5 tween the ages of 6 and 11 years increased from 4.0 

6 percent in 1971–1974 to 17.5 percent in 2001– 

7 2004, and the prevalence of overweight in adoles8 cents between the ages of 12 and 19 years increased 

9 from 6.1 percent to 17.0 percent. 

10 (4) More than 9,000,000 children and adoles11 cents between the ages of 6 and 19 years are consid12 ered overweight on the basis of being in the 95th 

13 percentile or higher of BMI values in the 2000 CDC 

14 growth chart for the United States. 

15 (5) The Department of Health and Human 

16 Services estimates that, by 2010, 20 percent of chil17 dren and youth in the United States will be obese. 

18 (6) Of all United States deaths from major 

19 chronic disease, 23 percent are linked to sedentary 

20 lifestyles that now begin at childhood. 

21 (7) Overweight adolescents have a 70–80 per22 cent chance of becoming overweight adults, increas23 ing their risk for chronic disease, disability, and 

24 death. 


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1 (8) A recent study showed that plaque build-up 

2 in the neck arteries of obese children or those with 

3 high cholesterol is similar to those levels seen in 

4 middle-aged adults. 

5 (9) A decline in physical activity has contrib6 uted to the unprecedented epidemic of childhood 

7 obesity. 

8 (10) The Physical Activity Guidelines for Amer9 icans recommend that children engage in 60 minutes 

10 or more of physical activity each day. 

11 (11) In a 2005 Government Accountability Of12 fice report on key strategies to include in programs 

13 designed to target childhood obesity, ‘‘increasing 

14 physical activity’’ was identified as the most impor15 tant component in any such program. 

16 (12) Part of the decline in physical activity has 

17 been in our Nation’s schools, where physical edu18 cation programs have been cut back in the past 2 

19 decades. 

20 (13) The national standard for physical edu21 cation frequency is 150 minutes per week in elemen22 tary school and 225 minutes per week in middle 

23 school and high school. 

24 (14) Only 3.8 percent of elementary schools, 

25 7.9 percent of middle schools, and 2.1 percent of 


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1 high schools provide daily physical education or its 

2 equivalent for the entire school year, and 22 percent 

3 of schools do not require students to take any phys4 ical education at all. 

5 (15) Among children ages 9 to 13, 61.5 percent 

6 do not participate in any organized physical activity 

7 during out-of-school hours. 

8 (16) Regular physical activity is associated with 

9 a healthier, longer life and a lower risk of cardio10 vascular disease, high blood pressure, diabetes, obe11 sity, and some cancers. 

12 (17) Research suggests a strong correlation be13 tween children’s fitness and their academic perform14 ance as measured by grades in core subjects and 

15 standardized test scores. 

16 (18) Approximately 81 percent of adults believe 

17 daily physical education should be mandatory in 

18 schools. 

19 SEC. 3. REPORT CARDS. 

20 Section 1111(h) of the Elementary and Secondary 

21 Education Act of 1965 (20 U.S.C. 6311(h)) is amended— 

22 (1) in paragraph (1)(C)— 

23 (A) in clause (vii), by striking ‘‘and’’ after 

24 the semicolon; 


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1 (B) in clause (viii), by striking the period 

2 at the end and inserting a semicolon; and 

3 (C) by adding at the end the following: 

4 ‘‘(ix) the amount of time students 

5 spend in required physical education as 

6 measured against the national standards of 

7 150 minutes per week of required physical 

8 education for students in elementary school 

9 and 225 minutes per week of required 

10 physical education for students in middle 

11 school and secondary school; 

12 ‘‘(x) the percentage of local edu13 cational agencies in the State that have a 

14 required, age-appropriate physical edu15 cation curriculum for all students in ele16 mentary schools, middle schools, and sec17 ondary schools that adheres to national 

18 guidelines adopted by the Centers for Dis19 ease Control and Prevention and State 

20 standards; 

21 ‘‘(xi) the percentage of elementary 

22 school and secondary school physical edu23 cation teachers who are State licensed or 

24 certified as physical education teachers; 

25 and 


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1 ‘‘(xii) the percentage of schools that 

2 have a School Health Council that includes 

3 parents, students, representatives of the 

4 school food authority, representatives of 

5 the school board, school administrators 

6 and members of the public and that meets 

7 monthly to promote a healthy school envi8 ronment.’’; 

9 (2) in paragraph (2)(B)(i)— 

10 (A) in subclause (I), by striking ‘‘and’’ 

11 after the semicolon; 

12 (B) in subclause (II), by striking ‘‘and’’ 

13 after the semicolon; and 

14 (C) by adding at the end the following: 

15 ‘‘(III) the percentage of elemen16 tary school and secondary school 

17 physical education teachers who are 

18 State certified as physical education 

19 teachers; and 

20 ‘‘(IV) the amount of square feet 

21 of indoor and outdoor facilities that 

22 are primarily used for physical edu23 cation and the amount of square feet 

24 of indoor and outdoor facilities that 


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1 are primarily used for physical activ2 ity; and’’; and 

3 (3) in paragraph (2)(B)(ii)— 

4 (A) in subclause (I), by striking ‘‘and’’ 

5 after the semicolon; 

6 (B) in subclause (II), by striking the pe7 riod at the end and inserting a semicolon; and 

8 (C) by adding at the end the following: 

9 ‘‘(III) the percentage of elemen10 tary school and secondary school 

11 physical education teachers who are 

12 State certified as physical education 

13 teachers; and 

14 ‘‘(IV) the number of meetings of 

15 a School Health Council that includes 

16 parents, students, representatives of 

17 the school food authority, representa18 tives of the school board, school ad19 ministrators and members of the pub20 lic during the school year.’’. 

21 SEC. 4. PROMOTING PHYSICAL EDUCATION AND ACTIVITY 

22 IN SCHOOL PROGRAMS. 

23 (a) ELEMENTARY AND SECONDARY SCHOOL COUN24 SELING PROGRAMS.—Section 5421 of the Elementary and 


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1 Secondary Education Act of 1965 (20 U.S.C. 7245) is 

2 amended— 

3 (1) in subsection (b)(2)(H), by inserting ‘‘, 

4 which design and implementation shall take into 

5 consideration the overall emotional and physical 

6 well-being of students’’ after ‘‘the program’’; and 

7 (2) in subsection (c)(2)(E), by inserting 

8 ‘‘health, the importance of regular physical activity,’’ 

9 after ‘‘relationships,’’. 

10 (b) SMALLER LEARNING COMMUNITIES.—Section 

11 5441(b) of the Elementary and Secondary Education Act 

12 of 1965 (20 U.S.C. 7249(b)) is amended by adding at the 

13 end the following: 

14 ‘‘(14) How the local educational agency will en15 sure that smaller learning communities support 

16 healthy lifestyles including participation in physical 

17 education and physical activity by all students and 

18 access to nutritious food and nutrition education.’’. 

19 (c) 21ST CENTURY COMMUNITY LEARNING CEN20 TERS.— 

21 (1) PURPOSE; DEFINITIONS.—Section 4201 of 

22 the Elementary and Secondary Education Act of 

23 1965 (20 U.S.C. 7171) is amended— 

24 (A) in subsection (a)(2), by inserting ‘‘nu25 trition education programs, structured physical 


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1 activity programs,’’ after ‘‘recreation pro2 grams,’’; and 

3 (B) in subsection (b)(1)(A), by inserting 

4 ‘‘nutrition education, structured physical activ5 ity,’’ after ‘‘recreation,’’. 

6 (2) LOCAL COMPETITIVE GRANT PROGRAM.— 

7 Section 4204(b)(2) of the Elementary and Sec8 ondary Education Act of 1965 (20 U.S.C. 

9 7174(b)(2))— 

10 (A) in subparagraph (M), by striking 

11 ‘‘and’’ after the semicolon; 

12 (B) by redesignating subparagraph (N) as 

13 subparagraph (O); and 

14 (C) by inserting after subparagraph (M) 

15 the following: 

16 ‘‘(N) an assurance that the proposed pro17 gram is coordinated with the physical education 

18 and health education programs offered during 

19 the school day; and’’. 

20 (3) LOCAL ACTIVITIES.—Section 4205(a) of the 

21 Elementary and Secondary Education Act of 1965 

22 (20 U.S.C. 7175(a))— 

23 (A) in paragraph (11), by striking ‘‘and’’ 

24 after the semicolon; 


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1 (B) in paragraph (12), by striking the pe2 riod at the end and inserting ‘‘; and’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(13) programs that support a healthy, active 

5 lifestyle, including nutritional education and regular, 

6 structured physical activity programs.’’. 

7 (d) PARENTAL INVOLVEMENT.—Section 1118 of the 

8 Elementary and Secondary Education Act of 1965 is 

9 amended— 

10 (1) in subsection (a)(2)— 

11 (A) in subparagraph (E), by striking 

12 ‘‘and’’ at the end; 

13 (B) by redesignating subparagraph (F) as 

14 subparagraph (G); and 

15 (C) by inserting after subparagraph (E) 

16 the following: 

17 ‘‘(F) involve and train parents in encour18 aging and supporting a healthy and active life19 style, including increased physical activity dur20 ing and outside the school day, and nutritional 

21 eating habits in the home and at school; and’’; 

22 (2) in subsection (d)— 

23 (A) in the subsection heading, by inserting 

24 after ‘‘ACHIEVEMENT’’ the following: ‘‘BY

25 HEALTHY, ACTIVE STUDENTS’’; 


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1 (B) in the matter preceding paragraph (1), 

2 by striking ‘‘standards.’’ and inserting ‘‘stand3 ards and to ensure that the children lead 

4 healthy, active lives.’’; and 

5 (C) in paragraph (1)— 

6 (i) by inserting after ‘‘supportive’’ the 

7 following: ‘‘, healthy,’’; 

8 (ii) by striking ‘‘; and participating’’ 

9 and inserting ‘‘; participating’’; and 

10 (iii) by inserting after ‘‘extracurricular 

11 time’’ the following: ‘‘and supporting their 

12 children in leading a healthy and active 

13 life, such as by providing healthy meals 

14 and snacks, encouraging participation in 

15 physical education, and sharing in physical 

16 activity outside the school day’’; 

17 (3) in subsection (e)— 

18 (A) by redesignating paragraphs (6) 

19 through (14) as paragraphs (7) through (15), 

20 respectively; and 

21 (B) by inserting after paragraph (5) the 

22 following: 

23 ‘‘(6)(A) shall ensure that parents and teachers 

24 have information about the importance of a healthy 

25 lifestyle, including nutritional eating habits, physical 


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1 education, and physical activity, to an effective 

2 learning environment; and 

3 ‘‘(B) shall coordinate activities with parents 

4 and teachers to ensure that children are provided 

5 with nutritious meals and snacks, and have ample 

6 opportunities for physical education and physical ac7 tivity during and outside the school day;’’. 

8 SEC. 5. PROFESSIONAL DEVELOPMENT FOR TEACHERS 

9 AND PRINCIPALS. 

10 (a) STATE APPLICATIONS.—Section 2112(b) of the 

11 Elementary and Secondary Education Act of 1965 (20 

12 U.S.C. 6612(b)) is amended by adding at the end the fol13 lowing: 

14 ‘‘(13) A description of how the State edu15 cational agency will use funds under this part to 

16 provide professional development that is directly re17 lated to the fields of physical education and health 

18 education to physical education teachers and health 

19 education teachers to ensure that children are lead20 ing healthy, active lifestyles that are conducive to ef21 fective learning.’’. 

22 (b) STATE USE OF FUNDS.—Section 2113(c)(6) of 

23 the Elementary and Secondary Education Act of 1965 (20 

24 U.S.C. 6613(c)(6)) is amended— 


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1 (1) by striking ‘‘, in cases in which a State edu2 cational agency determines support to be appro3 priate,’’; and 

4 (2) by inserting ‘‘, physical education teachers, 

5 and health education teachers’’ after ‘‘pupil services 

6 personnel’’. 

7 (c) LOCAL APPLICATIONS AND NEEDS ASSESS8 MENT.—Section 2122(b)(9) of the Elementary and Sec9 ondary Education Act of 1965 (20 U.S.C. 6622(b)(9)) is 

10 amended— 

11 (1) in subparagraph (C), by striking ‘‘and’’ 

12 after the semicolon; 

13 (2) in subparagraph (D), by striking the period 

14 at the end and inserting ‘‘; and’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(E) improve the health and eating habits 

17 of students and increase rates of physical activ18 ity of students.’’. 

19 (d) LOCAL USE OF FUNDS.—Section 2123(a)(3) of 

20 the Elementary and Secondary Education Act of 1965 (20 

21 U.S.C. 6623(a)(3)) is amended— 

22 (1) in subparagraph (A)— 

23 (A) in clause (i), by striking ‘‘and’’ after 

24 the semicolon; and 

25 (B) by adding at the end the following: 


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1 ‘‘(iii) effective strategies for improving 

2 the healthy habits of students and the 

3 rates of physical activity by students that 

4 result in the ability to learn more effec5 tively; and’’; and 

6 (2) in subparagraph (B)— 

7 (A) in clause (iv), by striking ‘‘and’’ after 

8 the semicolon; 

9 (B) in clause (v), by striking the period at 

10 the end and inserting ‘‘; and’’; and 

11 (C) by adding at the end the following: 

12 ‘‘(vi) provide training, with curricula 

13 that is evidence-based, in how to teach 

14 physical education and health education 

15 that results in the ability of students to 

16 learn more effectively.’’. 

17 SEC. 6. NATIONAL RESEARCH COUNCIL STUDY. 

18 Not later than 180 days after the date of enactment 

19 of this Act, the Secretary of Education shall enter into 

20 a contract with the National Research Council of the Na21 tional Academy of Sciences to— 

22 (1) examine and make recommendations re23 garding— 

24 (A) various means that may be employed 

25 to incorporate physical activity into Head Start 


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1 and childcare settings, elementary, middle, and 

2 high school settings, and before- and after3 school programs; and 

4 (B) innovative and effective ways to in5 crease physical activity for all students; 

6 (2) study the impact of health, level of physical 

7 activity, and amount of physical education on stu8 dents’ ability to learn and maximize performance in 

9 school; and 

10 (3) study and provide specific recommendations 

11 for— 

12 (A) effectively measuring the progress of 

13 students, at the school level, in improving their 

14 health and well-being, including improving 

15 their— 

16 (i) knowledge, awareness, and behav17 ior changes, related to nutrition and phys18 ical activity; 

19 (ii) cognitive development, and fitness 

20 improvement, in physical education; 

21 (iii) knowledge of lifetime physical ac22 tivity and health promotion; 

23 (iv) decrease in obesity; and 

24 (v) levels on overall health indicators; 

25 and 


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1 (B) effectively measuring the progress of 

2 students, at the school level, in increasing phys3 ical activity. 

Æ 


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