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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 392 Introduced in Senate (IS)]

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.

    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 ``Promoting Health as Youth Skills In 
Classrooms And Life Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Childhood obesity has reached epidemic proportions in 
        the United States.
            (2) Researchers estimate that the medical costs of the 
        obesity epidemic in the United States may total 
        $270,000,000,000 annually.
            (3) More than one-third of children and adolescents are 
        estimated to be overweight or obese.
            (4) Of all United States deaths from major chronic disease, 
        23 percent are linked to sedentary lifestyles that now begin at 
        childhood.
            (5) Overweight adolescents have a 70- to 80-percent chance 
        of becoming overweight adults, increasing their risk for 
        chronic disease, disability, and death.
            (6) Studies show that children born today, for the first 
        time in 2 centuries, have a shorter life expectancy than their 
        parents.
            (7) According to the Centers for Disease Control and 
        Prevention in 2006--
                    (A) 1 in 5 students in grades 9-12 seriously 
                considers suicide;
                    (B) 1 in 3 12th graders, 1 in 4 10th graders, and 1 
                in 10 8th graders binge drink; and
                    (C) 1 in 10 children suffer mental illness causing 
                some level of impairment.
            (8) Studies show that--
                    (A) students who receive social-psychological 
                support and prevention have improved academic 
                achievement;
                    (B) instruction in personal and social skills 
                improves decisionmaking and reduces risky health 
                behaviors; and
                    (C) comprehensive programs linking rigorous 
                instruction with health, education, social services, 
                and health services in schools can reduce absenteeism.
            (9) The American Association for Health Education 
        recommends that students receive a minimum of 50 hours of 
        health education per year in order to ensure health literacy.
            (10) According to the Centers for Disease Control and 
        Prevention, only 6.4 percent of elementary schools, 20.6 
        percent of middle schools, and 35.8 percent of high schools 
        require health instruction in all 14 recommended health topics 
        and only 3.8 percent of elementary schools, 7.8 percent of 
        middle schools, and 2.1 percent of high schools provide daily 
        physical education or its equivalent.
            (11) The Institute of Medicine in 2004 reported that 
        enhanced school health education programs are essential to 
        developing a health literate society in the United States as 
        the Nation faces increasing health care challenges.
            (12) According to the Centers for Disease Control and 
        Prevention, studies suggest that physical activity can impact 
        cognitive skills and attitudes, and important components of 
        improved academic performance, including enhanced concentration 
        and attention as well as improved classroom behavior.
            (13) The White House Task Force on Childhood Obesity Report 
        recommends increasing the quality and frequency of sequential, 
        age, and developmentally appropriate physical education for all 
        students, taught by certified physical education teachers.
            (14) The National Association for Sport and Physical 
        Education recommends that elementary school students receive 
        150 minutes per week of physical education and that middle 
        school and high school students receive 225 minutes per week of 
        physical education.
            (15) The American school system is already situated to 
        reach 50,000,000 children and youth to provide the health and 
        physical education they need and a place for them to engage in 
        these behaviors, such as nutritious eating and participating in 
        physical activity.
            (16) Military readiness is vulnerable, as almost 30 percent 
        of 17-24 year olds are too overweight to serve in the U.S. 
        military.
            (17) Physical education and health education are critical 
        to combating these harmful trends and are key components to 
        educating the whole child.

SEC. 3. OFFICE OF SAFE AND HEALTHY STUDENTS.

    Title II of the Department of Education Organization Act (20 U.S.C. 
3411 et seq.) is amended by adding at the end the following:

``SEC. 221. OFFICE OF SAFE AND HEALTHY STUDENTS.

    ``(a) Office of Safe and Healthy Students.--There shall be an 
Office of Safe and Healthy Students (referred to in this section as the 
`Office') in the Department of Education to advise the Secretary on 
Departmental matters related to health education, physical education, 
and providing a safe and supportive school climate for students' 
learning, including promoting the acquisition of knowledge and skills 
needed to be healthy, productive citizens. The Office shall assume the 
responsibilities of the Office of Safe and Drug-Free Schools and expand 
such responsibilities and oversight for broader health and physical 
education issues.
    ``(b) Director.--
            ``(1) Appointment and reporting.--The Office shall be under 
        the direction of a Director, who shall be appointed by the 
        Secretary and who shall report directly to the Deputy 
        Secretary.
            ``(2) Duties.--The Director shall--
                    ``(A) promote health education activities designed 
                to prevent, protect, and remediate the health and 
                safety of students, including nutrition, health 
                literacy, mental health, bullying, physical activity, 
                and drug and alcohol abuse;
                    ``(B) promote physical education in elementary 
                schools and secondary schools;
                    ``(C) coordinate such activities within the 
                Department of Education and with other agencies and 
                organizations sharing a similar mission, including the 
                Department of Health and Human Services, the Department 
                of Agriculture, and the Department of Justice;
                    ``(D) administer, coordinate, and recommend policy 
                for improving quality and excellence of programs and 
                activities that are designed to--
                            ``(i) provide financial assistance for 
                        activities that promote the health, safety, and 
                        well-being of students in elementary schools, 
                        secondary schools, and institutions of higher 
                        education, that are carried out by State 
                        educational agencies, local educational 
                        agencies, tribal schools, and public or private 
                        nonprofit organizations;
                            ``(ii) participate in the formulation and 
                        development of education program policy and 
                        legislative proposals and in overall Department 
                        policies related to health and safety promotion 
                        in schools;
                            ``(iii) participate in interagency 
                        committees, groups, and partnerships related to 
                        health and safety promotion, that includes drug 
                        and violence prevention (including bullying 
                        prevention), coordinating with other Federal 
                        agencies on issues related to comprehensive 
                        school health and physical education, and 
                        advising the Secretary on the formulation of 
                        comprehensive policies related to school health 
                        and physical education;
                            ``(iv) participate with other Federal 
                        agencies in the development of a national 
                        research agenda for health, physical activity, 
                        and safety promotion, prevention and reduction 
                        of risky health behaviors, and positive youth 
                        development, and serve as a clearinghouse for 
                        research data documenting the connection 
                        between student health, safety, and academic 
                        performance, attendance and future job success;
                            ``(v) serve a coordinating function within 
                        the Department to identify all programs that 
                        address any aspect of student health and safety 
                        promotion within schools and ensure that the 
                        programs work in a coordinated manner;
                            ``(vi) analyze data to assess progress and 
                        achievement of relevant national health 
                        objectives for the Nation; and
                            ``(vii) serve as a clearinghouse for local 
                        educational agencies and schools needing 
                        technical assistance in addressing student 
                        health and safety issues; and
                    ``(E) submit a biennial report to Congress 
                regarding--
                            ``(i) the expansion of--
                                    ``(I) physical education, health 
                                education and school health programs, 
                                and the improvement of student 
                                knowledge, skills, and behavior; and
                                    ``(II) teachers and others prepared 
                                to provide such programs and services; 
                                and
                            ``(ii) the integration of physical activity 
                        and health programs throughout the school day, 
                        including before and after school and in the 
                        community.''.

SEC. 4. HEALTH EDUCATION AND PHYSICAL EDUCATION.

    (a) Definitions.--Section 9101(11) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801(11)) is amended by striking ``and 
geography'' and inserting ``geography, physical education, and health 
education''.
    (b) Assessments.--Section 1111(b)(3) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)) is amended by 
adding at the end the following:
                    ``(E) Assessments for health education and physical 
                education.--Notwithstanding any other provision of this 
                Act, each State shall determine the most feasible 
                measure for assessing students in health education and 
                physical education, including the use of adaptive 
                assessments, to measure student knowledge and 
                performance according to State standards and 
                benchmarks.''.

SEC. 5. HEALTH EDUCATION GRANT PROGRAM.

    (a) In General.--Title IV of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end 
the following:

                       ``PART D--HEALTH EDUCATION

``SEC. 4401. HEALTH EDUCATION PROGRAMS.

    ``(a) Purpose.--It is the purpose of this section to award grants 
and contracts to initiate, expand, and improve health education 
programs for all kindergarten through 12th-grade students.
    ``(b) Establishment.--The Secretary is authorized to award grants 
to, and enter into contracts with, local educational agencies, 
including tribal schools and tribal school education agencies, 
community-based organizations, and nonprofit organizations to initiate, 
expand, and improve health education programs for kindergarten through 
grade 12 students, especially in rural areas, by--
            ``(1) providing resources and support to enable students to 
        develop health literacy and skills to live more healthfully;
            ``(2) developing or enhancing health education curricula to 
        meet national goals for health education developed by the 
        Secretary in consultation with the Director of the Centers for 
        Disease Control and Prevention;
            ``(3) providing funds for technology, curriculum, related 
        materials, and training, including on-line learning; and
            ``(4) providing funds for professional development for 
        teachers, school nurses, wellness coordinators, and other 
        personnel involved in student health.
    ``(c) Application.--
            ``(1) Submission.--Each local educational agency, 
        community-based organization, or nonprofit organization 
        desiring a grant or contract under this section shall submit to 
        the Secretary an application that contains a plan to initiate, 
        expand, or improve health education programs in order to make 
        progress toward meeting State or national standards for health 
        education.
            ``(2) Proportionality.--To the extent practicable, the 
        Secretary shall ensure that grants awarded under this section 
        shall be equitably distributed among local educational 
        agencies, community-based organizations, and nonprofit 
        organizations serving urban and rural areas.
    ``(d) Program Elements.--A health education program funded under 
this section may provide for 1 or more of the following:
            ``(1) Curriculum development activities designed to enhance 
        school curricula efforts.
            ``(2) Instruction in health designed to enhance the 
        physical, mental, and social or emotional development of every 
        student.
            ``(3) Development of personal and life skills designed to 
        reduce risky behaviors.
            ``(4) Opportunities to develop decisionmaking and problem 
        solving skills.
            ``(5) Instruction in healthy eating habits and good 
        nutrition.
            ``(6) Opportunities for professional development for 
        teachers of health education to stay current with the latest 
        research, issues, and trends in the field of health education.
            ``(7) Opportunities to assess school health curriculum 
        needs and priorities and to assess students' progress in 
        meeting health education standards.
    ``(e) Requirements.--
            ``(1) Annual report to the secretary.--In order to continue 
        receiving funding after the first year of a multi-year grant or 
        contract under this section, the administrator of the grant or 
        contract for the local educational agency, community-based 
        organization, or nonprofit organization shall submit to the 
        Secretary an annual report that--
                    ``(A) describes the activities conducted during the 
                preceding year; and
                    ``(B) demonstrates progress and achievements made 
                toward meeting State or national standards for health 
                education.
            ``(2) Administrative expenses.--Not more than 5 percent of 
        the grant funds made available to a local educational agency, 
        community-based organization, or nonprofit organization under 
        this section for any fiscal year may be used for administrative 
        expenses.
    ``(f) Supplement, Not Supplant.--Funds made available under this 
section shall be used to supplement, and not supplant, any other 
Federal, State, or local funds available for health education 
activities.''.
    (b) Table of Contents.--The table of contents in section 2 of the 
Elementary and Secondary Education Act of 1965 is amended by inserting 
after the item relating to section 4304 the following:

                       ``Part D--Health Education

``Sec. 4401. Health Education Programs.''.

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

    (a) In General.--The Carol M. White Physical Education Program (20 
U.S.C. 7261 et seq.) is amended by adding at the end the following:

``SEC. 5508. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this subpart 
such sums as may be necessary for fiscal year 2012 and each of the 4 
succeeding fiscal years.''.
    (b) Table of Contents.--The table of contents in section 2 of the 
Elementary and Secondary Education Act of 1965 is amended by inserting 
after the item relating to section 5507 the following:

``Sec. 5508. Authorization of appropriations.''.
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