gate and disaggregated by the categories of 
race, ethnicity, gender, disability status, 
migrant status, English proficiency, and 
status as economically disadvantaged, and 
cross-tabulated across all of such cat-
egories by gender and by disability; 
(iii) protect student privacy, con-
sistent with applicable data privacy laws 
and regulations, including section 444 of 
the General Education Provisions Act (20 
U.S.C. 1232g, commonly known as the 
‘‘Family Educational Rights and Privacy 
Act of 1974’’); and 
(iv) to the extent possible, utilize a 
web-based reporting system. 
(2) ELIGIBLE
LOCAL
APPLICANT.—The term 
‘‘eligible local applicant’’ means a local educational 
agency, a consortium of local educational agencies, 
or a nonprofit organization that has a track record 
of success in implementing the proposed activities 
and has signed a memorandum of understanding 
with a local educational agency or consortium of 
local educational agencies to— 
(A) implement school-based activities; and 
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(B) conduct school-level measurement of 
the physical education indicators that are con-
sistent with this title. 
(3) LOCAL EDUCATIONAL AGENCY.—The term 
‘‘local educational agency’’ has the meaning given 
the term in section 9101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801). 
(4) PHYSICAL
EDUCATION
INDICATORS.—The 
term ‘‘physical education indicators’’ means a set of 
measures for instruction on physical activity, health- 
related fitness, physical competence, and cognitive 
understanding about physical activity. Such indica-
tors shall include— 
(A) for the State, for each local edu-
cational agency in the State, and for each 
school in the State, the average number of min-
utes per week (averaged over the school year) 
that all students spend in required physical 
education, and the average number of minutes 
per week (averaged over the school year) that 
all students engage in moderate to vigorous 
physical activity, as measured against estab-
lished recommended guidelines of the Centers 
for Disease Control and Prevention and the De-
partment of Health and Human Services; 
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(B) for the State, the percentage of local 
educational agencies that have a required, age- 
appropriate physical education curriculum that 
adheres to Centers for Disease Control and 
Prevention guidelines and State standards; 
(C) for the State, for each local edu-
cational agency in the State, and for each 
school in the State, the percentage of elemen-
tary school and secondary school physical edu-
cation teachers who are licensed or certified by 
the State to teach physical education; 
(D) for the State, and for each local edu-
cational agency in the State, the percentage of 
schools that have a physical education teacher 
who is certified or licensed in the State to teach 
physical education and adapted physical edu-
cation; 
(E) for each school in the State, the num-
ber of indoor square feet and the number of 
outdoor square feet used primarily for physical 
education; and 
(F) for the State, the percentage of local 
educational agencies that have a school wellness 
council that— 
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(i) includes members appointed by the 
local educational agency superintendent; 
(ii) may include parents, students, 
representatives of the school food author-
ity, representatives of the school board, 
school administrators, school nurses, and 
members of the public; and 
(iii) meets regularly to promote a 
healthy school environment. 
(5) PROGRAM TO PROMOTE PHYSICAL ACTIVITY, 
EDUCATION, AND
FITNESS
AND
NUTRITION.—The 
term ‘‘program to promote physical activity, edu-
cation, and fitness and nutrition’’ means a program 
that— 
(A) increases and enables active student 
participation in physical well-being activities 
and provides teacher and school leader profes-
sional development to encourage and increase 
such participation; 
(B) is comprehensive in nature; 
(C) includes opportunities for professional 
development for teachers of physical education 
to stay abreast of the latest research, issues, 
and trends in the field of physical education; 
and 
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(D) includes 1 or more of the following ac-
tivities: 
(i) Fitness education and assessment 
to help students understand, improve, or 
maintain their physical well-being. 
(ii) Instruction in a variety of motor 
skills and physical activities designed to 
enhance the physical, mental, social, and 
emotional development of every student. 
(iii) Development of, and instruction 
in, cognitive concepts about motor skill and 
physical fitness that support a lifelong 
healthy lifestyle. 
(iv) Opportunities to develop positive 
social and cooperative skills through phys-
ical activity. 
(v) Instruction in healthy eating hab-
its and good nutrition. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Education. 
(7) STATE.—The term ‘‘State’’ has the mean-
ing given the term in section 9101 of the Elemen-
tary and Secondary Education Act of 1965 (20 
U.S.C. 7801). 
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SEC. 102. DISTRIBUTION OF FUNDS. 
From amounts made available under section 105, the 
Secretary shall use— 
(1) in each year for which funding is made 
available under such section, not more than 2 per-
cent of such amounts for technical assistance and 
evaluation; 
(2) for the first 3 fiscal years for which funding 
is made available under such section— 
(A) except as provided in subparagraph 
(B)— 
(i) not more than 30 percent of such 
amounts 
or 
$30,000,000, 
whichever 
amount is more, for State measurement 
system grants, distributed to every State 
(by an application process consistent with 
section 103(c)) in an amount proportional 
to each State’s share of funding under part 
A of title I of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
6311 et seq.), to be used— 
(I) to develop the State’s physical 
education indicators measurement sys-
tem; 
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