IIB 
111TH CONGRESS 
2D SESSION 
H. R. 1585 
IN THE SENATE OF THE UNITED STATES 
APRIL 22, 2010 
Received; read twice and referred to the Committee on Health, Education, 
Labor, and Pensions 
AN ACT 
To increase awareness of physical activity opportunities at 
school, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fitness Integrated 
with Teaching Kids Act’’ or the ‘‘FIT Kids Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Childhood obesity has reached epidemic pro-
portions in the United States. 
(2) Researchers estimate that medical costs of 
the obesity epidemic may total as much as 
$147,000,000,000 annually. 
(3) The prevalence of overweight in children be-
tween the ages of 6 and 11 years increased from 4.0 
percent between 1971 to 1974 to 17.5 percent be-
tween 2001 to 2004, and the prevalence of over-
weight in adolescents between the ages of 12 and 19 
years increased from 6.1 percent to 17.0 percent. 
(4) Recent studies indicating that 17 percent of 
6 to 11 year-olds and 17.6 percent of 12 to 19 year- 
olds are considered obese. Furthermore, 33 percent 
of 6 to 11 year-olds and 34 percent of 12 to 19 
year-olds are overweight; these rates have roughly 
doubled since 1980. 
(5) Of all United States deaths from major 
chronic disease, 23 percent are linked to sedentary 
lifestyles that now begin at childhood. 
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(6) Overweight adolescents have a 70 to 80 per-
cent chance of becoming overweight adults, increas-
ing their risk for chronic disease, disability, and 
death. 
(7) A decline in physical activity has contrib-
uted to the unprecedented epidemic of childhood 
obesity. 
(8) The Physical Activity Guidelines for Ameri-
cans published by the Secretary of Health and 
Human Services recommend that children engage in 
60 minutes or more of physical activity each day. 
(9) In a 2005 Government Accountability Office 
report on key strategies to include in programs de-
signed to target childhood obesity, ‘‘increasing phys-
ical activity’’ was identified as the most important 
component in any such program. 
(10) Part of the decline in physical activity has 
been in our Nation’s schools, where physical edu-
cation programs have been cut back in the past 2 
decades. 
(11) The national standard for physical edu-
cation frequency, as outlined in the Physical Activity 
Guidelines for Americans, is 150 minutes per week 
in elementary school and 225 minutes per week in 
middle school and high school. 
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(12) Only 3.8 percent of elementary schools, 
7.9 percent of middle schools, and 2.1 percent of 
high schools provide daily physical education or its 
equivalent for the entire school year, and 22 percent 
of schools do not require students to take any phys-
ical education at all. 
(13) Among children ages 9 to 13, 61.5 percent 
do not participate in any organized physical activity 
during out-of-school hours. 
(14) Regular physical activity is associated with 
a healthier, longer life and a lower risk of cardio-
vascular disease, high blood pressure, diabetes, obe-
sity, and some cancers. 
(15) Research suggests a strong correlation be-
tween children’s fitness and their academic perform-
ance as measured by grades in core subjects and 
standardized test scores. 
(16) Approximately 81 percent of adults believe 
daily physical education should be mandatory in 
schools. 
SEC. 3. INCREASING AWARENESS OF PHYSICAL ACTIVITY 
OPPORTUNITIES AT SCHOOL. 
(a) LOCAL EDUCATIONAL AGENCIES.—Not later 
than 1 year after the date of the enactment of this Act, 
and annually thereafter, each local educational agency lo-
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cated in a State receiving funds under part A of title I 
of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6311 et seq.) shall— 
(1) post on its Internet website, or otherwise 
make available to parents and families of students 
served by the agency, information on healthful eat-
ing habits, physical education, and physical activity, 
including information on— 
(A) the importance of a healthy lifestyle 
(including healthful eating habits, physical edu-
cation, and physical activity) for an effective 
learning environment; 
(B) how schools served by the agency are 
promoting healthy lifestyles, including informa-
tion on applicable elementary school and sec-
ondary school programs and policies regarding 
nutrition, physical education, and physical ac-
tivity (including coordinated school health plans 
or local wellness policies, as applicable); 
(C) whether the schools served by the 
agency follow an age-appropriate physical edu-
cation curriculum for all elementary school and 
secondary school students enrolled in the 
schools that adheres to national guidelines 
adopted by the Centers for Disease Control and 
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Prevention of the Department of Health and 
Human Services or the State in which the 
school is located; 
(D) the most recent national recommenda-
tions for physical education and physical activ-
ity for elementary school and secondary school 
students, as established by the Centers for Dis-
ease Control and Prevention of the Department 
of Health and Human Services; and 
(E) a description of the amount of time 
that students in kindergarten through grade 12 
served by the agency are required to spend in 
physical education, disaggregated by grade 
level, including information on criteria for 
granting students a waiver or exemption, or al-
lowing a substitution for the requirement; and 
(2) assist each school served by the agency in 
collecting and disseminating (such as through the 
Internet website of the school) to parents and fami-
lies of students enrolled in the school, information 
on— 
(A) whether the school follows an age-ap-
propriate physical education curriculum for all 
students enrolled in the school that adheres to 
national guidelines adopted by the Centers for 
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Disease Control and Prevention of Health and 
Human Services or the State in which the 
school is located; 
(B) the most recent national recommenda-
tions for physical education and physical activ-
ity for elementary school and secondary school 
students, as established by the Centers for Dis-
ease Control and Prevention of the Department 
of Health and Human Services; 
(C) the requirements described in para-
graph (1)(E); 
(D) a description of the facilities available 
for physical education and physical activity for 
students enrolled in the school; and 
(E) if applicable, any health and wellness 
council (such as a school health council or local 
wellness policy council) located in the school or 
that the school is involved with, including infor-
mation on— 
(i) members; 
(ii) membership criteria; 
(iii) opportunities for parental involve-
ment; and 
(iv) meeting dates and agendas. 
(b) STATE EDUCATIONAL AGENCIES.— 
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(1) 
SUBMISSION; 
INFORMATION
AVAIL-
ABILITY.—Not later than 15 days after a local edu-
cational agency described in subsection (a) posts on 
its Internet website the information described in 
subsection (a)(1)(E), and annually thereafter, the 
local educational agency shall provide to the applica-
ble State educational agency the information de-
scribed in such subsection. 
(2) ADDITIONAL DUTIES OF THE STATE EDU-
CATIONAL
AGENCY.—A State educational agency 
that receives information under paragraph (1) shall 
ensure that the information is made available to the 
general public within a reasonable period of time, 
such as through the Internet website of the State 
educational agency. 
SEC. 4. STUDIES ON PHYSICAL ACTIVITY AND FITNESS. 
(a) NATIONAL RESEARCH COUNCIL STUDY.—Subject 
to the availability of funds appropriated to carry out this 
subsection, the Secretary of Education shall enter into a 
contract with the National Research Council of the Na-
tional Academy of Sciences to— 
(1) examine and make recommendations re-
garding— 
(A) various means that may be employed 
to incorporate physical activity into elementary 
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school and secondary school settings, and 
before- and after-school programs; 
(B) innovative and effective ways to in-
crease physical activity for all students in kin-
dergarten through grade 12; and 
(C) efforts to encourage the participation 
of students with disabilities in physical edu-
cation programs and the types of accommoda-
tions used to increase the participation of such 
students; 
(2) study the impact of health, level of physical 
activity, and amount of physical education on stu-
dents’ ability to learn and maximize performance in 
school; and 
(3) study and provide specific recommendations 
for effectively measuring the progress students, at 
the elementary school and secondary school level, in 
increasing physical activity and improving their 
health and well-being, including improving their— 
(A) knowledge, awareness, and behavior, 
related to nutrition and physical activity; 
(B) cognitive development, and fitness, 
with physical education; 
(C) knowledge of lifetime physical activity 
and health promotion; and 
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(D) performance on overall health indica-
tors, including flexibility, endurance, strength, 
balance, and blood pressure. 
(b) NATIONAL FITNESS STUDY.—Subject to the 
availability of funds to carry out this subsection, the Sec-
retary of Education shall conduct a study on the participa-
tion of students in physical education and other physical 
activities in public elementary schools and public sec-
ondary schools that— 
(1) examines student participation in exercise 
(including sports and active games), including the 
types, frequency, duration, and seasonality of exer-
cise participation, through— 
(A) school physical education classes; 
(B) other school programs; and 
(C) intramural activities; and 
(2) assesses student physical activity and fit-
ness levels. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section for fiscal year 2011. 
SEC. 5. DISSEMINATION OF BEST PRACTICES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Edu-
cation shall identify and make available to State edu-
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cational agencies and local educational agencies, best prac-
tices on innovative physical education and physical activity 
policies and programs at the State and local level, includ-
ing best practices that— 
(1) identify and address common challenges to 
States and local educational agencies in imple-
menting physical education and physical activity 
policies and programs, including barriers for meeting 
national recommendations for physical education and 
physical activity in schools, as established by the 
Centers for Disease Control and Prevention of the 
Department of Health and Human Services; and 
(2) meet or are working toward meeting the na-
tional recommendations for physical education and 
physical activity in schools, as established by the 
Centers for Disease Control and Prevention of the 
Department of Health and Human Services. 
(b) UPDATING BEST PRACTICES.—The Secretary 
shall update the best practices described in subsection (a) 
after completion of the study carried out under section 
4(a). 
SEC. 6. PROMOTING THE HEALTHIERUS SCHOOL CHAL-
LENGE. 
The Secretary of Education, in collaboration with the 
Secretary of Agriculture, shall encourage schools to par-
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ticipate in the HealthierUS School Challenge of the Food 
and Nutrition Service of the Department of Agriculture. 
SEC. 7. DEFINITIONS. 
Except as otherwise provided, any term used in this 
Act that is defined in section 9101 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7801) shall 
have the meaning given the term in such section. 
Passed the House of Representatives April 21, 2010. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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