II 

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. 

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 TITLE I—HEALTHY STUDENTS 

7 GRANTS 

8 SEC. 101. DEFINITIONS. 

9 In this title: 


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1 (1) PHYSICAL EDUCATION INDICATORS MEAS2 UREMENT SYSTEM.— 

3 (A) IN GENERAL.—The term ‘‘physical 

4 education indicators measurement system’’ 

5 means a State reporting and information sys6 tem that measures student physical health and 

7 well-being, nutrition, and fitness based on the 

8 physical education indicators and is, to the ex9 tent possible, part of the State’s statewide lon10 gitudinal data system and part of the State’s 

11 system for reporting the data required under 

12 section 1111 of the Elementary and Secondary 

13 Education Act of 1965 (20 U.S.C. 6311). 

14 (B) DESCRIPTION OF SYSTEM.—Such sys15 tem shall— 

16 (i) contain, at a minimum, data from 

17 valid and reliable surveys of students and 

18 staff on the physical education indicators 

19 that allow staff at the State, local edu20 cational agencies, and schools to examine 

21 and improve school-level conditions regard22 ing physical activity, education, and fitness 

23 and nutrition; 

24 (ii) collect school-level data on the 

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1 gate and disaggregated by the categories of 

2 race, ethnicity, gender, disability status, 

3 migrant status, English proficiency, and 

4 status as economically disadvantaged, and 

5 cross-tabulated across all of such cat6 egories by gender and by disability; 

7 (iii) protect student privacy, con8 sistent with applicable data privacy laws 

9 and regulations, including section 444 of 

10 the General Education Provisions Act (20 

11 U.S.C. 1232g, commonly known as the 

12 ‘‘Family Educational Rights and Privacy 

13 Act of 1974’’); and 

14 (iv) to the extent possible, utilize a 

15 web-based reporting system. 

16 (2) ELIGIBLE LOCAL APPLICANT.—The term 

17 ‘‘eligible local applicant’’ means a local educational 

18 agency, a consortium of local educational agencies, 

19 or a nonprofit organization that has a track record 

20 of success in implementing the proposed activities 

21 and has signed a memorandum of understanding 

22 with a local educational agency or consortium of 

23 local educational agencies to— 

24 (A) implement school-based activities; and 


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1 (B) conduct school-level measurement of 

2 the physical education indicators that are con3 sistent with this title. 

4 (3) LOCAL EDUCATIONAL AGENCY.—The term 

5 ‘‘local educational agency’’ has the meaning given 

6 the term in section 9101 of the Elementary and Sec7 ondary Education Act of 1965 (20 U.S.C. 7801). 

8 (4) PHYSICAL EDUCATION INDICATORS.—The 

9 term ‘‘physical education indicators’’ means a set of 

10 measures for instruction on physical activity, health11 related fitness, physical competence, and cognitive 

12 understanding about physical activity. Such indica13 tors shall include— 

14 (A) for the State, for each local edu15 cational agency in the State, and for each 

16 school in the State, the average number of min17 utes per week (averaged over the school year) 

18 that all students spend in required physical 

19 education, and the average number of minutes 

20 per week (averaged over the school year) that 

21 all students engage in moderate to vigorous 

22 physical activity, as measured against estab23 lished recommended guidelines of the Centers 

24 for Disease Control and Prevention and the De25 partment of Health and Human Services; 


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1 (B) for the State, the percentage of local 

2 educational agencies that have a required, age3 appropriate physical education curriculum that 

4 adheres to Centers for Disease Control and 

5 Prevention guidelines and State standards; 

6 (C) for the State, for each local edu7 cational agency in the State, and for each 

8 school in the State, the percentage of elemen9 tary school and secondary school physical edu10 cation teachers who are licensed or certified by 

11 the State to teach physical education; 

12 (D) for the State, and for each local edu13 cational agency in the State, the percentage of 

14 schools that have a physical education teacher 

15 who is certified or licensed in the State to teach 

16 physical education and adapted physical edu17 cation; 

18 (E) for each school in the State, the num19 ber of indoor square feet and the number of 

20 outdoor square feet used primarily for physical 

21 education; and 

22 (F) for the State, the percentage of local 

23 educational agencies that have a school wellness 

24 council that— 


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1 (i) includes members appointed by the 

2 local educational agency superintendent; 

3 (ii) may include parents, students, 

4 representatives of the school food author5 ity, representatives of the school board, 

6 school administrators, school nurses, and 

7 members of the public; and 

8 (iii) meets regularly to promote a 

9 healthy school environment. 

10 (5) PROGRAM TO PROMOTE PHYSICAL ACTIVITY, 

11 EDUCATION, AND FITNESS AND NUTRITION.—The 

12 term ‘‘program to promote physical activity, edu13 cation, and fitness and nutrition’’ means a program 

14 that— 

15 (A) increases and enables active student 

16 participation in physical well-being activities 

17 and provides teacher and school leader profes18 sional development to encourage and increase 

19 such participation; 

20 (B) is comprehensive in nature; 

21 (C) includes opportunities for professional 

22 development for teachers of physical education 

23 to stay abreast of the latest research, issues, 

24 and trends in the field of physical education; 

25 and 


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1 (D) includes 1 or more of the following ac2 tivities: 

3 (i) Fitness education and assessment 

4 to help students understand, improve, or 

5 maintain their physical well-being. 

6 (ii) Instruction in a variety of motor 

7 skills and physical activities designed to 

8 enhance the physical, mental, social, and 

9 emotional development of every student. 

10 (iii) Development of, and instruction 

11 in, cognitive concepts about motor skill and 

12 physical fitness that support a lifelong 

13 healthy lifestyle. 

14 (iv) Opportunities to develop positive 

15 social and cooperative skills through phys16 ical activity. 

17 (v) Instruction in healthy eating hab18 its and good nutrition. 

19 (6) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Education. 

21 (7) STATE.—The term ‘‘State’’ has the mean22 ing given the term in section 9101 of the Elemen23 tary and Secondary Education Act of 1965 (20 

24 U.S.C. 7801). 


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1 SEC. 102. DISTRIBUTION OF FUNDS. 

2 From amounts made available under section 105, the 

3 Secretary shall use— 

4 (1) in each year for which funding is made 

5 available under such section, not more than 2 per6 cent of such amounts for technical assistance and 

7 evaluation; 

8 (2) for the first 3 fiscal years for which funding 

9 is made available under such section— 

10 (A) except as provided in subparagraph 

11 (B)— 

12 (i) not more than 30 percent of such 

13 amounts or $30,000,000, whichever 

14 amount is more, for State measurement 

15 system grants, distributed to every State 

16 (by an application process consistent with 

17 section 103(c)) in an amount proportional 

18 to each State’s share of funding under part 

19 A of title I of the Elementary and Sec20 ondary Education Act of 1965 (20 U.S.C. 

21 6311 et seq.), to be used— 

22 (I) to develop the State’s physical 

23 education indicators measurement sys24 tem; 


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1 (II) to conduct a needs analysis 

2 to meet the requirements of section 

3 103(c)(2)(C); and 

4 (III) if grant funds remain after 

5 carrying out subclauses (I) and (II), 

6 for activities described in section 

7 103(f); and 

8 (ii) not more than 68 percent of such 

9 amounts for grants under section 103; and 

10 (B) for any fiscal year for which the 

11 amount remaining available after funds are re12 served under paragraph (1) is less than 

13 $30,000,000, all of such remainder for the 

14 State measurement system grants described in 

15 subparagraph (A)(i); and 

16 (3) for the fourth fiscal year and each subse17 quent fiscal year for which funding is made available 

18 under section 105, not less than 98 percent of such 

19 amounts for grants under section 103. 

20 SEC. 103. HEALTHY STUDENTS GRANTS. 

21 (a) GRANT PROGRAM AUTHORIZED.— 

22 (1) IN GENERAL.—From amounts made avail23 able under paragraph (2)(A)(ii) or (3) of section 102 

24 for a fiscal year, the Secretary shall award grants to 

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1 mote physical activity, education, and fitness and 

2 nutrition and that are based on— 

3 (A) scientifically valid research; and 

4 (B) an analysis of need that considers, at 

5 a minimum, the physical education indicators. 

6 (2) AWARDS TO STATES.— 

7 (A) FORMULA GRANTS.—For any fiscal 

8 year for which the total amount available under 

9 (2)(A)(ii) or (3) of section 102 for grants under 

10 this section is $250,000,000 or more, the Sec11 retary shall allot to each State with an ap12 proved application an amount that bears the 

13 same relationship to such total amount as the 

14 amount received under part A of title I of the 

15 Elementary and Secondary Education Act of 

16 1965 (20 U.S.C. 6311 et seq.) by such State 

17 for such fiscal year bears to the amount re18 ceived under such part for such fiscal year by 

19 all States. 

20 (B) COMPETITIVE GRANTS.— 

21 (i) IN GENERAL.—For any fiscal year 

22 for which the total amount available under 

23 paragraph (2)(A)(ii) or (3) of section 102 

24 for grants under this section is less than 

25 $250,000,000, the Secretary shall award 


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1 such grants to States on a competitive 

2 basis. 

3 (ii) SUFFICIENT SIZE AND SCOPE.—In 

4 awarding grants on a competitive basis 

5 pursuant to clause (i), the Secretary shall 

6 ensure that grant awards are of sufficient 

7 size and scope to carry out required and 

8 approved activities under this section. 

9 (b) ELIGIBILITY.—To be eligible to receive a grant 

10 under this section, a State shall demonstrate that the 

11 State has established a statewide physical education re12 quirement that is consistent with widely recognized stand13 ards. 

14 (c) APPLICATIONS.— 

15 (1) IN GENERAL.—A State that desires to re16 ceive a grant under this section shall submit an ap17 plication at such time, in such manner, and con18 taining such information as the Secretary may re19 quire. 

20 (2) CONTENT OF APPLICATION.—At a min21 imum, the application shall include— 

22 (A) documentation of the State’s eligibility 

23 to receive a grant under this section, as de24 scribed in subsection (b); 


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1 (B) a plan for improving physical activity, 

2 education, and fitness and nutrition in schools 

3 in the State in a manner consistent with the re4 quirements of the program that may be a part 

5 of a broader statewide child and youth plan, if 

6 such a plan exists and is consistent with the re7 quirements of this title; 

8 (C) a needs analysis of the schools in the 

9 State regarding physical activity, education, and 

10 fitness and nutrition, which— 

11 (i) shall include a description of, and 

12 data measuring, the State’s performance 

13 on the physical education indicators; and 

14 (ii) may be a part of a broader state15 wide child and youth needs analysis, if 

16 such an analysis exists and is consistent 

17 with the requirements of this title; 

18 (D) a description of how the programs to 

19 promote physical activity, education, and fitness 

20 and nutrition that the State proposes to imple21 ment with grant funds are responsive to the re22 sults of the needs analysis described in subpara23 graph (C); and 

24 (E) a description of how the State will— 


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1 (i) develop, adapt, improve, or adopt, 

2 and implement, the State’s physical edu3 cation indicators measurement system, and 

4 how the State will ensure that all local 

5 educational agencies and schools in the 

6 State participate in such system; 

7 (ii) ensure the quality of the State’s 

8 data collection for the physical education 

9 indicators, including the State’s plan for 

10 survey administration and for ensuring the 

11 reliability and validity of survey instru12 ments; 

13 (iii) coordinate the proposed activities 

14 with other Federal and State programs, 

15 which may include programs to expand 

16 learning time and for before- and after17 school programming in order to provide 

18 sufficient time to carry out the activities 

19 described in this title; 

20 (iv) assist local educational agencies 

21 in aligning activities carried out with funds 

22 the agencies receive under the grant with 

23 other funding sources in order to support 

24 a coherent and non-duplicative program; 


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1 (v) solicit and approve subgrant appli2 cations, including how the State will— 

3 (I) allocate funds for statewide 

4 activities and subgrants for each year 

5 of the grant; and 

6 (II) consider the results of the 

7 needs analysis described in subpara8 graph (C) in the State’s distribution 

9 of subgrants; 

10 (vi) address the needs of diverse geo11 graphic areas in the State, including rural 

12 and urban communities; and 

13 (vii) assist local educational agencies 

14 and schools in their efforts to increase the 

15 provision of physical activity and physical 

16 education opportunities during the school 

17 day and implement programs to promote 

18 physical activity, education, and fitness, 

19 and nutrition. 

20 (3) PEER-REVIEW PROCESS.—The Secretary 

21 shall establish a peer-review process that includes in22 dividuals with applicable expertise in physical activ23 ity, education, or fitness or nutrition to review appli24 cations submitted under this subsection. 

25 (d) DURATION.— 


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1 (1) IN GENERAL.—A State that receives a 

2 grant under this section may receive funding for not 

3 more than 5 years in accordance with this sub4 section. 

5 (2) INITIAL PERIOD.—The Secretary shall 

6 award grants under this section for an initial period 

7 of not more than 3 years. 

8 (3) GRANT EXTENSION.—The Secretary may 

9 extend a grant awarded to a State under this section 

10 for not more than an additional 2 years if the State 

11 shows sufficient improvement, as determined by the 

12 Secretary, against baseline data for the performance 

13 metrics established under subsection (h)(1). 

14 (e) RESERVATION AND USE OF FUNDS.—A State 

15 that receives a grant under this section shall— 

16 (1) reserve not more than 10 percent of the 

17 grant funds for administration of the program, tech18 nical assistance, and the development, adaptation, 

19 improvement, or adoption, and implementation of 

20 the State’s physical education indicators measure21 ment system, as described in paragraphs (1) through 

22 (5) of subsection (f); and 

23 (2) use the remainder of grant funds after mak24 ing the reservation under paragraph (1) to award 


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1 subgrants, on a competitive basis, to eligible local 

2 applicants. 

3 (f) REQUIRED STATE ACTIVITIES.—A State that re4 ceives a grant under this section shall— 

5 (1) not later than 1 year after receipt of the 

6 grant, develop, adapt, improve, or adopt and imple7 ment a physical education indicators measurement 

8 system (unless the State can demonstrate, to the 

9 satisfaction of the Secretary, that an appropriate 

10 system has already been implemented) that annually 

11 measures the State’s progress regarding physical ac12 tivity, education, and fitness and nutrition for every 

13 public school in the State; 

14 (2) collect information in each year of the grant 

15 on physical activity, education, and fitness and nu16 trition at the school level through comprehensive 

17 needs assessments of student, school staff, and fam18 ily perceptions, experiences, and behaviors; 

19 (3) publicly report, at the school level and dis20 trict level, the data collected in the physical edu21 cation indicators measurement system each year in 

22 a timely and highly accessible manner and in a man23 ner that does not reveal personally identifiable infor24 mation; 


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1 (4) use, on a continuous basis, the results of 

2 the physical education indicators measurement sys3 tem to— 

4 (A) identify and address student physical 

5 activity, education, and fitness needs statewide; 

6 (B) help subgrantees identify and address 

7 school and student needs; and 

8 (C) provide individualized assistance to the 

9 lowest-performing schools (consistent with sec10 tion 1116 of the Elementary and Secondary 

11 Education Act of 1965 (20 U.S.C. 6316)) and 

12 schools with significant weaknesses with respect 

13 to physical activity, education, and fitness and 

14 nutrition as identified through the physical edu15 cation indicators measurement system with im16 plementation of activities under this title; 

17 (5) encourage local educational agencies to— 

18 (A) integrate physical activity, education, 

19 and fitness into a range of subjects throughout 

20 the school day and locations within schools; 

21 (B) encourage consultation with a variety 

22 of stakeholders, including families, students, 

23 school officials, and other organizations with 

24 wellness and physical activity, education, and 

25 fitness expertise; and 


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1 (C) regularly monitor schools’ efforts in 

2 improving wellness and physical activity, edu3 cation, and fitness understanding and habits 

4 among students; and 

5 (6) award subgrants under subsection (g) to eli6 gible local applicants. 

7 (g) SUBGRANTS.— 

8 (1) IN GENERAL.— 

9 (A) AWARDING OF SUBGRANTS.—A State 

10 that receives a grant under this section shall 

11 award subgrants, on a competitive basis, to eli12 gible local applicants— 

13 (i) based on need, as identified by— 

14 (I) data from the State physical 

15 education indicators measurement sys16 tem and, if available, similar local sys17 tems; or 

18 (II) in the case of a State for 

19 which the State physical education in20 dicators measurement system required 

21 under subsection (f)(1) is not yet im22 plemented, other data determined ap23 propriate by the State; 


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1 (ii) that are of sufficient size and 

2 scope to enable the eligible local applicants 

3 to carry out approved activities; and 

4 (iii) to implement programs to pro5 mote physical activity, education, and fit6 ness and nutrition that— 

7 (I) are comprehensive in nature; 

8 and 

9 (II) are based on scientifically 

10 valid research. 

11 (B) ASSISTANCE.—A State that receives a 

12 grant under this section shall provide assistance 

13 to subgrant applicants and recipients in the se14 lection of scientifically valid programs to pro15 mote physical activity, education, and fitness 

16 and nutrition. 

17 (C) PARTNERSHIPS ALLOWED.—An eligible 

18 local applicant may apply for a subgrant under 

19 this subsection in partnership with 1 or more 

20 community-based organizations. 

21 (2) APPLICATIONS.—An eligible local applicant 

22 that desires to receive a subgrant under this sub23 section shall submit to the State an application at 

24 such time, in such manner, and containing such in25 formation as the State may require. 


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1 (3) PRIORITY.—In awarding subgrants under 

2 this subsection, a State shall give priority to applica3 tions that— 

4 (A) demonstrate the greatest need accord5 ing to the results of the State’s needs analysis 

6 described in subsection (c)(2)(C); and 

7 (B) propose to serve schools with the high8 est concentrations of poverty, based on the per9 centage of students receiving or eligible to re10 ceive a free or reduced price lunch under the 

11 Richard B. Russell National School Lunch Act 

12 (42 U.S.C. 1751 et seq.). 

13 (4) ACTIVITIES OF SUBGRANT RECIPIENTS.— 

14 Each eligible local applicant receiving a subgrant 

15 under this subsection shall, for the duration of the 

16 subgrant— 

17 (A) carry out, as part of a program to pro18 mote physical activity, education, and fitness 

19 and nutrition, activities— 

20 (i) the need for which has been identi21 fied, at a minimum— 

22 (I) through the physical edu23 cation indicators measurement sys24 tem; or 


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1 (II) in the case of a State that 

2 has not yet implemented the physical 

3 education indicators measurement sys4 tem as required under subsection 

5 (f)(1), the State’s needs analysis de6 scribed in subsection (c)(2)(C); and 

7 (ii) that are part of a comprehensive 

8 strategy or framework to address such 

9 need; 

10 (B) ensure that each activity selected as 

11 part of such program be based on scientifically 

12 valid research and be used for the purpose for 

13 which such activity was found to be effective; 

14 (C) use school-level data from the state15 wide physical education indicators, and use the 

16 statewide physical education indicators meas17 urement system when implemented by the State 

18 as required under subsection (f)(1), to inform 

19 the implementation and continuous improve20 ment of activities carried out under this title; 

21 (D) collect and report to the State edu22 cational agency, data for schools served by the 

23 eligible local applicant, in a manner determined 

24 by the State and consistent with the State’s 


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1 physical education indicators measurement sys2 tem, when established; 

3 (E)(i) establish policies to expand access to 

4 quality physical activity opportunities (including 

5 school wellness policies); and 

6 (ii) if the local educational agency to be 

7 served through the grant does not have an ac8 tive school wellness council consistent with the 

9 requirements of the Child Nutrition Act of 

10 1966 (42 U.S.C. 1771 et seq.), establish such 

11 a school wellness council, which may be part of 

12 an existing school council that has the capacity 

13 and willingness to address school wellness; 

14 (F) engage family members and commu15 nity-based organizations in the development of 

16 physical education indicators surveys, and in 

17 the planning, implementation, and review of the 

18 eligible local applicant’s efforts under this title; 

19 and 

20 (G) consider and accommodate the unique 

21 needs of students with disabilities and English 

22 language learners in implementing activities. 

23 (h) ACCOUNTABILITY.— 

24 (1) ESTABLISHMENT OF PERFORMANCE

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1 tor of the Institute of Education Sciences, shall es2 tablish program performance metrics to measure the 

3 effectiveness of the activities carried out under this 

4 title. 

5 (2) ANNUAL REPORT.—Each State that re6 ceives a grant under this title shall prepare and sub7 mit to the Secretary an annual report that includes 

8 information relevant to the physical education indi9 cators, including progress towards meeting outcomes 

10 for the metrics established under paragraph (1). 

11 SEC. 104. FUNDS RESERVED FOR SECRETARY. 

12 From the amount reserved under section 102(1), the 

13 Secretary shall— 

14 (1) direct the Institute of Education Sciences to 

15 conduct an evaluation of the impact of the practices 

16 funded or disseminated under this title; and 

17 (2) provide technical assistance to applicants 

18 for and recipients of, grants and subgrants under 

19 this title. 

20 SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 

21 There are authorized to be appropriated to carry out 

22 this title such sums as may be necessary for fiscal year 

23 2014 and each of the 5 succeeding fiscal years. 


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1 TITLE II—PARENTAL INVOLVE2 MENT FOR HEALTHY STU3 DENTS; EQUAL PHYSICAL AC4 TIVITY OPPORTUNITIES FOR 

5 STUDENTS WITH DISABIL6 ITIES 

7 SEC. 201. PARENTAL INVOLVEMENT. 

8 Section 1118(d)(1) of the Elementary and Secondary 

9 Education Act of 1965 (20 U.S.C. 6318(d)(1)) is amend10 ed— 

11 (1) by inserting ‘‘, healthy,’’ after ‘‘supportive’’; 

12 (2) by striking ‘‘; and participating’’ and insert13 ing ‘‘; participating’’; and 

14 (3) by inserting after ‘‘extracurricular time’’ the 

15 following: ‘‘; and supporting their children in leading 

16 a healthy and active life, such as by providing 

17 healthy meals and snacks, encouraging participation 

18 in physical education, and sharing in physical activ19 ity outside the school day to support successful aca20 demic achievement’’. 

21 SEC. 202. EQUAL PHYSICAL ACTIVITY OPPORTUNITIES FOR 

22 STUDENTS WITH DISABILITIES. 

23 (a) IN GENERAL.—Title V of the Rehabilitation Act 

24 of 1973 (29 U.S.C. 791 et seq.) is amended by adding 

25 at the end the following: 


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1 ‘‘SEC. 511. EQUAL PHYSICAL ACTIVITY OPPORTUNITIES 

2 FOR STUDENTS WITH DISABILITIES. 

3 ‘‘(a) IN GENERAL.—The Secretary shall promote 

4 equal opportunities for students with disabilities to be in5 cluded and to participate in physical education and extra6 curricular athletics implemented in, or in conjunction 

7 with, elementary schools, secondary schools, and institu8 tions of higher education, by ensuring the provision of ap9 propriate technical assistance and guidance for schools 

10 and institutions described in this subsection and their per11 sonnel. 

12 ‘‘(b) TECHNICAL ASSISTANCE AND GUIDANCE.—The 

13 provision of technical assistance and guidance described 

14 in subsection (a) shall include— 

15 ‘‘(1) providing technical assistance to elemen16 tary schools, secondary schools, local educational 

17 agencies, State educational agencies, and institutions 

18 of higher education, regarding— 

19 ‘‘(A) inclusion and participation of stu20 dents with disabilities, in a manner equal to 

21 that of the other students, in physical education 

22 opportunities (including classes) and extra23 curricular athletics opportunities, including 

24 technical assistance on— 


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1 ‘‘(i) providing reasonable modifica2 tions to policies, practices, and procedures; 

3 and 

4 ‘‘(ii) providing supports to ensure 

5 such inclusion and participation; 

6 ‘‘(B) provision of adaptive sports pro7 grams, in the physical education and extra8 curricular athletics opportunities, including pro9 grams with competitive sports leagues or com10 petitions, for students with disabilities; and 

11 ‘‘(C) responsibilities of the schools, institu12 tions, and agencies involved under section 504, 

13 the Americans with Disabilities Act of 1990 (42 

14 U.S.C. 12101 et seq.), and any other applicable 

15 Federal law to provide students with disabilities 

16 equal access to extracurricular athletics; 

17 ‘‘(2) facilitating information sharing among the 

18 schools, institutions, and agencies, and students with 

19 disabilities, on ways to provide inclusive opportuni20 ties in physical education and extracurricular ath21 letics for students with disabilities; and 

22 ‘‘(3) monitoring the extent to which physical 

23 education and extracurricular athletics opportunities 

24 for students with disabilities are implemented in, or 


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1 in conjunction with, elementary schools, secondary 

2 schools, and institutions of higher education. 

3 ‘‘(c) DEFINITIONS.—In this section: 

4 ‘‘(1) AGENCIES.—The terms ‘local educational 

5 agency’ and ‘State educational agency’ have the 

6 meanings given the terms in section 9101 of the Ele7 mentary and Secondary Education Act of 1965 (20 

8 U.S.C. 7801). 

9 ‘‘(2) SCHOOLS AND INSTITUTIONS.—The terms 

10 ‘elementary school’, ‘secondary school’, and ‘institu11 tion of higher education’ mean an elementary school, 

12 secondary school, or institution of higher education, 

13 respectively (as defined in section 9101 of the Ele14 mentary and Secondary Education Act of 1965 (20 

15 U.S.C. 7801)), that receives, or has 1 or more stu16 dents that receive, Federal financial assistance. 

17 ‘‘(3) STUDENT WITH A DISABILITY.— 

18 ‘‘(A) IN GENERAL.—The term ‘student 

19 with a disability’ means an individual who— 

20 ‘‘(i) attends an elementary school, sec21 ondary school, or institution of higher edu22 cation; and 

23 ‘‘(ii) who— 

24 ‘‘(I) is eligible for, and receiving, 

25 special education or related services 


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28 

•S 1033 IS

1 under part B of the Individuals with 

2 Disabilities Education Act (20 U.S.C. 

3 1411 et seq.); or 

4 ‘‘(II) is an individual with a dis5 ability, for purposes of section 504 or 

6 the Americans with Disabilities Act of 

7 1990. 

8 ‘‘(B) STUDENTS WITH DISABILITIES.—The 

9 term ‘students with disabilities’ means more 

10 than 1 student with a disability.’’. 

11 (b) TABLE OF CONTENTS.—The table of contents in 

12 section 1(b) of the Rehabilitation Act of 1973 is amended 

13 by inserting after the item relating to section 509 the fol14 lowing: 

‘‘Sec. 510. Establishment of standards for accessible medical diagnostic equipment. 

‘‘Sec. 511. Equal physical activity opportunities for students with disabilities.’’. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS