I 

110TH CONGRESS 

1ST SESSION H. R. 1224 

To amend section 1111 of the Elementary and Secondary Education Act 

of 1965 regarding challenging academic content standards for physical 

education, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 28, 2007 

Mr. WAMP (for himself, Mr. KIND, and Mr. INSLEE) introduced the following 

bill; which was referred to the Committee on Education and Labor, and 

in addition to the Committee on Energy and Commerce, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To amend section 1111 of the Elementary and Secondary 

Education Act of 1965 regarding challenging academic 

content standards for physical education, 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 ‘‘Strengthening Physical 

5 Education Act of 2007’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) STATE EDUCATIONAL AGENCY.—The term 

4 ‘‘State educational agency’’ has the meaning given 

5 such term in section 9101 of the Elementary and 

6 Secondary Education Act of 1965 (20 U.S.C. 7801). 

7 (2) LOCAL EDUCATIONAL AGENCY.—The term 

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

9 such term in section 9101 of the Elementary and 

10 Secondary Education Act of 1965 (20 U.S.C. 7801). 

11 (3) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of Education. 

13 SEC. 3. FINDINGS. 

14 Congress makes the following findings: 

15 (1) Obesity-related diseases cost the United 

16 States economy more than $100,000,000,000 every 

17 year. 

18 (2) Almost half of young people aged 12 

19 through 21, and more than a third of high school 

20 students, do not participate in vigorous physical ac21 tivity on a regular basis. 

22 SEC. 4. PHYSICAL EDUCATION. 

23 Section 1111(b) of the Elementary and Secondary 

24 Education Act of 1965 (20 U.S.C. 6311(b)) is amended— 

25 (1) in paragraph (1)(C)— 


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1 (A) by striking ‘‘arts, and’’ and inserting 

2 ‘‘arts,’’; and 

3 (B) by striking ‘‘science,’’ and inserting 

4 ‘‘science, and (beginning in the 2007–2008 

5 school year) physical education,’’; and 

6 (2) in paragraph (3)— 

7 (A) in subparagraph (A)— 

8 (i) by striking ‘‘and science’’ and in9 serting ‘‘science, and physical education’’; 

10 and 

11 (ii) by inserting before the period 

12 ‘‘and no State shall be required to meet 

13 the requirements of this part relating to 

14 physical education assessments until the 

15 beginning of the 2009–2010 school year’’; 

16 and 

17 (B) in subparagraph (C)(v)— 

18 (i) in subclause (II)(cc), by inserting 

19 ‘‘and’’ after the semicolon; and 

20 (ii) by adding at the end the fol21 lowing: 

22 ‘‘(III) beginning not later than 

23 school year 2009–2010, measure the 

24 proficiency of all students in physical 


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1 education and be administered not 

2 less than 1 time during— 

3 ‘‘(aa) grades 3 through 5; 

4 ‘‘(bb) grades 6 through 9; 

5 and 

6 ‘‘(cc) grades 10 through 

7 12;’’. 

8 SEC. 5. BEST PRACTICES RESOURCE. 

9 (a) EVALUATION.—The Secretary of Education, in 

10 consultation with the Secretary of Health and Human 

11 Services, shall identify State and local physical education 

12 model programs and evaluate their effectiveness. 

13 (b) ASSESSMENT.—The Secretary of Education shall 

14 also identify safeguards and risks associated with physical 

15 education programs to ensure the safety and health of all 

16 students and, in developing evaluation criteria, shall take 

17 into account certain physical health limitations and con18 sider measurements such as increased participation, gen19 eral exercise levels, attitudes about activity and nutrition, 

20 and overall overweight prevalence. 

21 (c) ONLINE BEST PRACTICES RESOURCE.—The Sec22 retary of Education shall create a website to publish infor23 mation on State and local physical education programs re24 ferred to in subsection (a). 


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1 SEC. 6. GRANT PROGRAM. 

2 (a) AUTHORIZATION.— 

3 (1) IN GENERAL.—The Secretary may award 

4 grants on a competitive basis to State education 

5 agencies to establish and revise State standards for 

6 physical education, develop assessment tools, estab7 lish a model curriculum, and support the develop8 ment of model programs. 

9 (b) APPLICATION.— 

10 (1) IN GENERAL.—A State that desires to re11 ceive a grant under subsection (a) shall submit an 

12 application to the Secretary at such time, in such 

13 manner, and containing such information as the Sec14 retary may reasonably require. 

15 (2) CONTENTS.—Each application submitted 

16 pursuant to paragraph (1) shall include— 

17 (A) a description of the State’s physical 

18 education curriculum; 

19 (B) a description of how the State will use 

20 funds made available pursuant to a grant 

21 awarded under this Act to develop content and 

22 performance standards and improve the quality 

23 of its physical education program; and 

24 (C) a description of how the State will use 

25 funds to develop and implement physical eduVerDate Aug 31 2005 23:56 Mar 01, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1224.IH H1224

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1 cation academic assessments and improve the 

2 performance and health of its students. 

3 (c) APPROVAL.— 

4 (1) IN GENERAL.—The Secretary shall approve 

5 an application submitted pursuant to subsection (a) 

6 if the application meets the requirements of this sec7 tion and holds reasonable promise of achieving the 

8 purpose of this Act. 

9 (2) PRIORITY.—In awarding grants under this 

10 section, the Secretary shall give priority to a high11 need State educational agency. 

12 (3) EQUITABLE DISTRIBUTION.—To the extent 

13 practicable, the Secretary shall ensure an equitable 

14 geographic distribution of grants under this section 

15 among the regions of the United States. 

16 (4) DURATION OF GRANTS.—A grant under this 

17 section may cover a period of 5 years. At the end 

18 of the 5-year period, the grant recipient may apply 

19 for an additional grant under this section. 

20 (d) USES OF FUNDS.— 

21 (1) PERMISSIBLE USES.—A State that receives 

22 a grant under this section shall use the grant funds 

23 to— 

24 (A) develop, revise, or improve physical 

25 education curriculum to meet minimum content 


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1 and performance standards established by the 

2 Secretary; 

3 (B) purchase content materials and equip4 ment to implement physical education cur5 riculum; 

6 (C) assist in the implementation of phys7 ical education model programs; and 

8 (D) provide for staff and teacher training 

9 and education. 

10 (e) MATCHING FUNDS.—Each State that receives a 

11 grant under this section shall demonstrate a financial 

12 commitment by contributing, either directly or through 

13 private contributions, non-Federal matching funds equal 

14 to 20 percent of the amount of the grant. 

15 (f) TECHNICAL ASSISTANCE.—The Secretary shall 

16 provide technical assistance to State education agencies in 

17 the grant application process. 

18 (g) ASSESSMENT AND EVALUATION.—The Secretary 

19 shall report to Congress on the effectiveness of this pro20 gram. 

21 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

22 There is authorized to be appropriated to carry out 

23 this Act $30,000,000 for fiscal year 2009, $70,000,000 

24 for fiscal year 2010, and $100,000,000 for each of fiscal 


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1 years 2011 through 2013. Such funds shall remain avail2 able until expended. 

Æ 


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