I 
111TH CONGRESS 
2D SESSION 
H. R. 4557 
To amend the Elementary and Secondary Education Act of 1965 to ensure 
that schools have physical education programs that meet minimum re-
quirements for physical education. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 2, 2010 
Mr. BACA introduced the following bill; which was referred to the Committee 
on Education and Labor 
A BILL 
To amend the Elementary and Secondary Education Act 
of 1965 to ensure that schools have physical education 
programs that meet minimum requirements for physical 
education. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be referred to as the ‘‘Physical Edu-
cation to Create a Healthier Nation Act’’. 
SEC. 2. PHYSICAL EDUCATION. 
(a) IN GENERAL.—Subpart 1 of part A of title I of 
the Elementary and Secondary Education Act of 1965 (20 
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U.S.C. 6311 et seq.) is amended by adding at the end 
the following new section: 
‘‘SEC. 1120C. PHYSICAL EDUCATION. 
‘‘(a) IN GENERAL.—Not later than the beginning of 
the first school year beginning after the date of enactment 
of the Physical Education to Create a Healthier Nation 
Act, each local educational agency receiving assistance 
under this part shall ensure that each school served by 
the agency has a physical education program that provides 
for all students— 
‘‘(1) except as provided in paragraph (2)— 
‘‘(A) in the case of an elementary school, 
150 minutes of physical education per week; 
and 
‘‘(B) in the case of a middle school or high 
school, 225 minutes of physical education per 
week; and 
‘‘(2) in the case of students with disabilities 
that impair their ability to participate in physical 
education, such physical education as is determined 
appropriate under the individualized education pro-
grams of such students (as defined in section 
602(14) of the Individuals with Disabilities Edu-
cation Act). 
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‘‘(b) STATE PLAN.—As part of the plan described in 
section 1111, each State educational agency receiving as-
sistance under this part shall develop a plan to ensure that 
all schools within the State have a physical education pro-
gram that meets the requirements under subsection (a). 
‘‘(c) LOCAL PLAN.—As part of the plan described in 
section 1112, each local educational agency receiving as-
sistance under this part shall develop a plan to ensure that 
all schools served by the local educational agency have a 
physical education program that meets the requirements 
under subsection (a).’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents in section 2 of the Elementary and Secondary Edu-
cation Act of 1965 is amended by inserting after the item 
relating to section 1120B the following new item: 
‘‘Sec. 1120C. Physical education.’’. 
Æ 
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