II 

112TH CONGRESS 

1ST SESSION S. 392 

To support and encourage the health and well-being of elementary school 

and secondary school students by enhancing school physical education 

and health education. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 17, 2011 

Mr. UDALL of New Mexico (for himself and Mr. BINGAMAN) introduced the 

following bill; which was read twice and referred to the Committee on 

Health, Education, Labor, and Pensions 

A BILL 

To support and encourage the health and well-being of elementary school and secondary school students by enhancing school physical education and health 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 ‘‘Promoting Health as 

5 Youth Skills In Classrooms And Life Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

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


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1 (2) Researchers estimate that the medical costs 

2 of the obesity epidemic in the United States may 

3 total $270,000,000,000 annually. 

4 (3) More than one-third of children and adoles5 cents are estimated to be overweight or obese. 

6 (4) Of all United States deaths from major 

7 chronic disease, 23 percent are linked to sedentary 

8 lifestyles that now begin at childhood. 

9 (5) Overweight adolescents have a 70- to 80- 

10 percent chance of becoming overweight adults, in11 creasing their risk for chronic disease, disability, and 

12 death. 

13 (6) Studies show that children born today, for 

14 the first time in 2 centuries, have a shorter life ex15 pectancy than their parents. 

16 (7) According to the Centers for Disease Con17 trol and Prevention in 2006— 

18 (A) 1 in 5 students in grades 9–12 seri19 ously considers suicide; 

20 (B) 1 in 3 12th graders, 1 in 4 10th grad21 ers, and 1 in 10 8th graders binge drink; and 

22 (C) 1 in 10 children suffer mental illness 

23 causing some level of impairment. 

24 (8) Studies show that— 


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1 (A) students who receive social-psycho2 logical support and prevention have improved 

3 academic achievement; 

4 (B) instruction in personal and social skills 

5 improves decisionmaking and reduces risky 

6 health behaviors; and 

7 (C) comprehensive programs linking rig8 orous instruction with health, education, social 

9 services, and health services in schools can re10 duce absenteeism. 

11 (9) The American Association for Health Edu12 cation recommends that students receive a minimum 

13 of 50 hours of health education per year in order to 

14 ensure health literacy. 

15 (10) According to the Centers for Disease Con16 trol and Prevention, only 6.4 percent of elementary 

17 schools, 20.6 percent of middle schools, and 35.8 

18 percent of high schools require health instruction in 

19 all 14 recommended health topics and only 3.8 per20 cent of elementary schools, 7.8 percent of middle 

21 schools, and 2.1 percent of high schools provide daily 

22 physical education or its equivalent. 

23 (11) The Institute of Medicine in 2004 reported 

24 that enhanced school health education programs are 

25 essential to developing a health literate society in the 


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1 United States as the Nation faces increasing health 

2 care challenges. 

3 (12) According to the Centers for Disease Con4 trol and Prevention, studies suggest that physical 

5 activity can impact cognitive skills and attitudes, 

6 and important components of improved academic 

7 performance, including enhanced concentration and 

8 attention as well as improved classroom behavior. 

9 (13) The White House Task Force on Child10 hood Obesity Report recommends increasing the 

11 quality and frequency of sequential, age, and devel12 opmentally appropriate physical education for all 

13 students, taught by certified physical education 

14 teachers. 

15 (14) The National Association for Sport and 

16 Physical Education recommends that elementary 

17 school students receive 150 minutes per week of 

18 physical education and that middle school and high 

19 school students receive 225 minutes per week of 

20 physical education. 

21 (15) The American school system is already sit22 uated to reach 50,000,000 children and youth to 

23 provide the health and physical education they need 

24 and a place for them to engage in these behaviors, 


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1 such as nutritious eating and participating in phys2 ical activity. 

3 (16) Military readiness is vulnerable, as almost 

4 30 percent of 17–24 year olds are too overweight to 

5 serve in the U.S. military. 

6 (17) Physical education and health education 

7 are critical to combating these harmful trends and 

8 are key components to educating the whole child. 

9 SEC. 3. OFFICE OF SAFE AND HEALTHY STUDENTS. 

10 Title II of the Department of Education Organization 

11 Act (20 U.S.C. 3411 et seq.) is amended by adding at 

12 the end the following: 

13 ‘‘SEC. 221. OFFICE OF SAFE AND HEALTHY STUDENTS. 

14 ‘‘(a) OFFICE OF SAFE AND HEALTHY STUDENTS.— 

15 There shall be an Office of Safe and Healthy Students 

16 (referred to in this section as the ‘Office’) in the Depart17 ment of Education to advise the Secretary on Depart18 mental matters related to health education, physical edu19 cation, and providing a safe and supportive school climate 

20 for students’ learning, including promoting the acquisition 

21 of knowledge and skills needed to be healthy, productive 

22 citizens. The Office shall assume the responsibilities of the 

23 Office of Safe and Drug-Free Schools and expand such 

24 responsibilities and oversight for broader health and phys25 ical education issues. 


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1 ‘‘(b) DIRECTOR.— 

2 ‘‘(1) APPOINTMENT AND REPORTING.—The Of3 fice shall be under the direction of a Director, who 

4 shall be appointed by the Secretary and who shall 

5 report directly to the Deputy Secretary. 

6 ‘‘(2) DUTIES.—The Director shall— 

7 ‘‘(A) promote health education activities 

8 designed to prevent, protect, and remediate the 

9 health and safety of students, including nutri10 tion, health literacy, mental health, bullying, 

11 physical activity, and drug and alcohol abuse; 

12 ‘‘(B) promote physical education in ele13 mentary schools and secondary schools; 

14 ‘‘(C) coordinate such activities within the 

15 Department of Education and with other agen16 cies and organizations sharing a similar mis17 sion, including the Department of Health and 

18 Human Services, the Department of Agri19 culture, and the Department of Justice; 

20 ‘‘(D) administer, coordinate, and rec21 ommend policy for improving quality and excel22 lence of programs and activities that are de23 signed to— 

24 ‘‘(i) provide financial assistance for 

25 activities that promote the health, safety, 


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1 and well-being of students in elementary 

2 schools, secondary schools, and institutions 

3 of higher education, that are carried out by 

4 State educational agencies, local edu5 cational agencies, tribal schools, and public 

6 or private nonprofit organizations; 

7 ‘‘(ii) participate in the formulation 

8 and development of education program pol9 icy and legislative proposals and in overall 

10 Department policies related to health and 

11 safety promotion in schools; 

12 ‘‘(iii) participate in interagency com13 mittees, groups, and partnerships related 

14 to health and safety promotion, that in15 cludes drug and violence prevention (in16 cluding bullying prevention), coordinating 

17 with other Federal agencies on issues re18 lated to comprehensive school health and 

19 physical education, and advising the Sec20 retary on the formulation of comprehensive 

21 policies related to school health and phys22 ical education; 

23 ‘‘(iv) participate with other Federal 

24 agencies in the development of a national 

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1 ity, and safety promotion, prevention and 

2 reduction of risky health behaviors, and 

3 positive youth development, and serve as a 

4 clearinghouse for research data docu5 menting the connection between student 

6 health, safety, and academic performance, 

7 attendance and future job success; 

8 ‘‘(v) serve a coordinating function 

9 within the Department to identify all pro10 grams that address any aspect of student 

11 health and safety promotion within schools 

12 and ensure that the programs work in a 

13 coordinated manner; 

14 ‘‘(vi) analyze data to assess progress 

15 and achievement of relevant national 

16 health objectives for the Nation; and 

17 ‘‘(vii) serve as a clearinghouse for 

18 local educational agencies and schools 

19 needing technical assistance in addressing 

20 student health and safety issues; and 

21 ‘‘(E) submit a biennial report to Congress 

22 regarding— 

23 ‘‘(i) the expansion of— 

24 ‘‘(I) physical education, health 

25 education and school health programs, 


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1 and the improvement of student 

2 knowledge, skills, and behavior; and 

3 ‘‘(II) teachers and others pre4 pared to provide such programs and 

5 services; and 

6 ‘‘(ii) the integration of physical activ7 ity and health programs throughout the 

8 school day, including before and after 

9 school and in the community.’’. 

10 SEC. 4. HEALTH EDUCATION AND PHYSICAL EDUCATION. 

11 (a) DEFINITIONS.—Section 9101(11) of the Elemen12 tary and Secondary Education Act of 1965 (20 U.S.C. 

13 7801(11)) is amended by striking ‘‘and geography’’ and 

14 inserting ‘‘geography, physical education, and health edu15 cation’’. 

16 (b) ASSESSMENTS.—Section 1111(b)(3) of the Ele17 mentary and Secondary Education Act of 1965 (20 U.S.C. 

18 6311(b)(3)) is amended by adding at the end the fol19 lowing: 

20 ‘‘(E) ASSESSMENTS FOR HEALTH EDU21 CATION AND PHYSICAL EDUCATION.—Notwith22 standing any other provision of this Act, each 

23 State shall determine the most feasible measure 

24 for assessing students in health education and 

25 physical education, including the use of adaptVerDate Mar 15 2010 18:51 Feb 18, 2011 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S392.IS S392

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1 ive assessments, to measure student knowledge 

2 and performance according to State standards 

3 and benchmarks.’’. 

4 SEC. 5. HEALTH EDUCATION GRANT PROGRAM. 

5 (a) IN GENERAL.—Title IV of the Elementary and 

6 Secondary Education Act of 1965 (20 U.S.C. 7101 et 

7 seq.) is amended by adding at the end the following: 

8 ‘‘PART D—HEALTH EDUCATION 

9 ‘‘SEC. 4401. HEALTH EDUCATION PROGRAMS. 

10 ‘‘(a) PURPOSE.—It is the purpose of this section to 

11 award grants and contracts to initiate, expand, and im12 prove health education programs for all kindergarten 

13 through 12th-grade students. 

14 ‘‘(b) ESTABLISHMENT.—The Secretary is authorized 

15 to award grants to, and enter into contracts with, local 

16 educational agencies, including tribal schools and tribal 

17 school education agencies, community-based organiza18 tions, and nonprofit organizations to initiate, expand, and 

19 improve health education programs for kindergarten 

20 through grade 12 students, especially in rural areas, by— 

21 ‘‘(1) providing resources and support to enable 

22 students to develop health literacy and skills to live 

23 more healthfully; 

24 ‘‘(2) developing or enhancing health education 

25 curricula to meet national goals for health education 


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1 developed by the Secretary in consultation with the 

2 Director of the Centers for Disease Control and Pre3 vention; 

4 ‘‘(3) providing funds for technology, curriculum, 

5 related materials, and training, including on-line 

6 learning; and 

7 ‘‘(4) providing funds for professional develop8 ment for teachers, school nurses, wellness coordina9 tors, and other personnel involved in student health. 

10 ‘‘(c) APPLICATION.— 

11 ‘‘(1) SUBMISSION.—Each local educational 

12 agency, community-based organization, or nonprofit 

13 organization desiring a grant or contract under this 

14 section shall submit to the Secretary an application 

15 that contains a plan to initiate, expand, or improve 

16 health education programs in order to make 

17 progress toward meeting State or national standards 

18 for health education. 

19 ‘‘(2) PROPORTIONALITY.—To the extent prac20 ticable, the Secretary shall ensure that grants 

21 awarded under this section shall be equitably distrib22 uted among local educational agencies, community23 based organizations, and nonprofit organizations 

24 serving urban and rural areas. 


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1 ‘‘(d) PROGRAM ELEMENTS.—A health education pro2 gram funded under this section may provide for 1 or more 

3 of the following: 

4 ‘‘(1) Curriculum development activities designed 

5 to enhance school curricula efforts. 

6 ‘‘(2) Instruction in health designed to enhance 

7 the physical, mental, and social or emotional devel8 opment of every student. 

9 ‘‘(3) Development of personal and life skills de10 signed to reduce risky behaviors. 

11 ‘‘(4) Opportunities to develop decisionmaking 

12 and problem solving skills. 

13 ‘‘(5) Instruction in healthy eating habits and 

14 good nutrition. 

15 ‘‘(6) Opportunities for professional development 

16 for teachers of health education to stay current with 

17 the latest research, issues, and trends in the field of 

18 health education. 

19 ‘‘(7) Opportunities to assess school health cur20 riculum needs and priorities and to assess students’ 

21 progress in meeting health education standards. 

22 ‘‘(e) REQUIREMENTS.— 

23 ‘‘(1) ANNUAL REPORT TO THE SECRETARY.—In 

24 order to continue receiving funding after the first 

25 year of a multi-year grant or contract under this 


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1 section, the administrator of the grant or contract 

2 for the local educational agency, community-based 

3 organization, or nonprofit organization shall submit 

4 to the Secretary an annual report that— 

5 ‘‘(A) describes the activities conducted dur6 ing the preceding year; and 

7 ‘‘(B) demonstrates progress and achieve8 ments made toward meeting State or national 

9 standards for health education. 

10 ‘‘(2) ADMINISTRATIVE EXPENSES.—Not more 

11 than 5 percent of the grant funds made available to 

12 a local educational agency, community-based organi13 zation, or nonprofit organization under this section 

14 for any fiscal year may be used for administrative 

15 expenses. 

16 ‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Funds made 

17 available under this section shall be used to supplement, 

18 and not supplant, any other Federal, State, or local funds 

19 available for health education activities.’’. 

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

21 section 2 of the Elementary and Secondary Education Act 

22 of 1965 is amended by inserting after the item relating 

23 to section 4304 the following: 

‘‘PART D—HEALTH EDUCATION

‘‘Sec. 4401. Health Education Programs.’’. 


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1 SEC. 6. CAROL M. WHITE PHYSICAL EDUCATION PROGRAM. 

2 (a) IN GENERAL.—The Carol M. White Physical 

3 Education Program (20 U.S.C. 7261 et seq.) is amended 

4 by adding at the end the following: 

5 ‘‘SEC. 5508. AUTHORIZATION OF APPROPRIATIONS. 

6 ‘‘There are authorized to be appropriated to carry out 

7 this subpart such sums as may be necessary for fiscal year 

8 2012 and each of the 4 succeeding fiscal years.’’. 

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

10 section 2 of the Elementary and Secondary Education Act 

11 of 1965 is amended by inserting after the item relating 

12 to section 5507 the following: 

‘‘Sec. 5508. Authorization of appropriations.’’. 

Æ 


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