section may provide for the participation, in the ac-
tivities funded under this section, of— 
‘‘(A) students enrolled in private nonprofit 
elementary schools or secondary schools, and 
their parents and teachers; or 
‘‘(B) home-schooled students, and their 
parents and teachers. 
‘‘(e) ANNUAL REPORT
TO
THE SECRETARY.—In 
order to continue receiving funding after the first year of 
a multiyear grant under this section, the administrator of 
the grant for the local educational agency or community- 
based organization shall submit to the Secretary an an-
nual report that— 
‘‘(1) describes the activities conducted during 
the preceding year; and 
‘‘(2) demonstrates that progress has been made 
toward meeting State standards for physical edu-
cation. 
‘‘(f) ADMINISTRATIVE EXPENSES.—Not more than 5 
percent of the grant funds made available to a local edu-
cational agency or community-based organization under 
this section for any fiscal year may be used for administra-
tive expenses. 
‘‘(g) FEDERAL SHARE.—The Federal share under 
this section may not exceed— 
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‘‘(1) 90 percent of the total cost of a program 
for the first year for which the program receives as-
sistance under this section; and 
‘‘(2) 75 percent of such cost for the second and 
each subsequent such year. 
‘‘(h) PROPORTIONALITY.—To the extent practicable, 
the Secretary shall ensure that grants awarded under this 
section shall be equitably distributed among local edu-
cational agencies and community-based organizations 
serving urban and rural areas. 
‘‘(i) REPORT TO CONGRESS.—Not later than 2 years 
after the Secretary awards the first grant under this sec-
tion, the Secretary shall submit a report to Congress 
that— 
‘‘(1) describes the programs assisted under this 
section; 
‘‘(2) documents the success of such programs in 
improving physical fitness; and 
‘‘(3) makes such recommendations as the Sec-
retary determines appropriate for the continuation 
and improvement of the programs assisted under 
this section. 
‘‘SEC. 5505. GRANTS TO STATES. 
‘‘(a) AUTHORIZATION.—Subject to the availability of 
funds described in section 5503, the Secretary is author-
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ized to award grants to States to implement comprehen-
sive programs that address the purpose of this subpart. 
Such programs shall be based on— 
‘‘(1) scientifically valid research, to the extent 
feasible; and 
‘‘(2) an analysis of need that considers, at a 
minimum, the indicators in the State’s measurement 
system described in subsection (e). 
‘‘(b) APPLICATION.—A State that desires to receive 
a grant under this section shall submit an application at 
such time, in such manner, and containing such informa-
tion as the Secretary may require. At a minimum, the ap-
plication shall include— 
‘‘(1) an analysis of the needs of the schools and 
students in the State in the areas of physical activ-
ity, physical education, fitness, and nutrition, which 
shall include a description of, and data measuring, 
conditions of the State in the areas of physical activ-
ity, physical education, fitness, and nutrition; 
‘‘(2) a plan for improving the physical activity, 
physical education, fitness, and nutrition of students 
in the State, which may be part of a broader state-
wide child and youth plan if the plan proposes to im-
plement activities responsive to the results of the 
needs analysis described in paragraph (1); and 
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‘‘(3) a description of how the State will— 
‘‘(A) develop, adopt, adapt, or implement 
the State’s measurement system described in 
subsection (e), and how the State will ensure 
that all local educational agencies and schools 
in the State participate in such system; 
‘‘(B) ensure the quality and validity of the 
State’s procedures for collecting the data need-
ed to implement that measurement system; 
‘‘(C) coordinate the proposed activities 
with other Federal and State programs, which 
may include programs to expand learning time 
and for before- and after-school programming; 
‘‘(D) assist local educational agencies in 
aligning the activities such agencies carry out 
under this section with funds from other 
sources in order to support a coherent and non-
duplicative program; and 
‘‘(E) solicit and approve applications for 
subgrants under subsection (g), including how 
the State will— 
‘‘(i) consider the results of the anal-
ysis described in paragraph (1) in the 
State’s distribution of subgrants; and 
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‘‘(ii) address the needs of diverse geo-
graphic areas in the State, including rural 
and urban communities. 
‘‘(c) RESERVATION OF FUNDS.—A State that re-
ceives a grant under this section shall— 
‘‘(1) reserve not more than 5 percent of the 
grant funds for administration of the program im-
plemented with such grant, technical assistance, pro-
fessional development of teachers, and the develop-
ment, improvement, and implementation of the 
State’s measurement system, as described in sub-
section (e); and 
‘‘(2) use the remainder of grant funds to award 
subgrants, on a competitive basis, to eligible local 
applicants. 
‘‘(d) STATE ACTIVITIES.—A State that receives a 
grant under this section shall— 
‘‘(1) establish a statewide physical education re-
quirement that is consistent with widely recognized 
standards; 
‘‘(2) not later than 1 year after receipt of the 
grant, develop, adapt, improve, or adopt and imple-
ment the statewide measurement system described in 
subsection (e) (unless the State can demonstrate, to 
the satisfaction of the Secretary, that an appropriate 
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system has already been implemented) that annually 
measures the progress of each local educational 
agency in the State on the measures described in 
that subsection; 
‘‘(3) not later than 18 months after receipt of 
the grant and annually thereafter, provide a public 
report to local educational agencies in the State on 
the data collected in the State’s measurement sys-
tem described in subsection (e), in a timely and 
highly accessible manner, and in a manner that does 
not reveal personally identifiable information of stu-
dents; 
‘‘(4) award subgrants, consistent with sub-
section (g), to eligible local applicants; 
‘‘(5) use the results of the data collected in the 
measurement system described in subsection (e) to 
help subgrantees identify and address school and 
student needs; 
‘‘(6) provide professional development that is 
directly related to the fields of physical education 
and health education to physical education teachers 
and health education teachers to help ensure that 
children are leading healthy, active lifestyles that are 
conducive to effective learning; and 
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‘‘(4) the number of schools operated by the 
local educational agency that have (and the number 
that do not have) a school health council that— 
‘‘(A) includes parents, students, represent-
atives of the school food authority, representa-
tives of the school board, school administrators, 
and members of the public; and 
‘‘(B) meets at least monthly to promote a 
healthy school environment; and 
‘‘(5) the number of square feet of facilities 
(disaggregated by indoor and outdoor facilities) 
under the control or use of the agency that are pri-
marily used for physical education and the number 
of square feet (so disaggregated) that are primarily 
used for other physical activity. 
‘‘(f) COMPILING STATISTICS.—In compiling the sta-
tistics required pursuant to subsection (e)— 
‘‘(1) the State shall ensure use of uniform defi-
nitions and data collection procedures for all local 
educational agencies statewide; 
‘‘(2) the State shall collect the data required 
under subsection (e) at least annually; and 
‘‘(3) the State and its subgrantees shall use the 
data for planning and continuous improvement of 
activities implemented under this section, and sub-
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grantees may collect data for indicators that are lo-
cally defined, and that are not reported to the State, 
to meet local needs (so long as such indicators are 
aligned with the objectives of this section). 
‘‘(g) SUBGRANTS
TO
ELIGIBLE
LOCAL
APPLI-
CANTS.— 
‘‘(1) SUBGRANTS.—A State that receives a 
grant under this section shall award subgrants, on 
a competitive basis, to eligible local applicants— 
‘‘(A) based on need, as identified by the 
State’s measurement system described in sub-
section (e); 
‘‘(B) that are of sufficient size and scope 
to enable such applicants to carry out approved 
activities; and 
‘‘(C) to implement programs that are com-
prehensive in nature and that promote physical 
activity, physical education, fitness, and nutri-
tion. 
‘‘(2) APPLICATIONS.—An eligible local applicant 
that desires to receive a subgrant under this sub-
section shall submit to the State an application at 
such time, in such manner, and containing such in-
formation as the State may require. 
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‘‘(3) PRIORITY.—In awarding subgrants under 
this subsection, a State shall give priority to applica-
tions that— 
‘‘(A) demonstrate the greatest need ac-
cording to the results identified by the State’s 
measurement system described in subsection 
(e); and 
‘‘(B) propose to serve schools with the 
highest concentrations of poverty, based on the 
percentage of students receiving or eligible to 
receive a free or reduced price lunch under the 
Richard B. Russell National School Lunch Act 
(42 U.S.C. 1751 et seq.). 
‘‘(4) ACTIVITIES OF SUBGRANTEES.—Each re-
cipient of a subgrant under this subsection shall, for 
the duration of the subgrant— 
‘‘(A) carry out programs to promote phys-
ical activity, physical education, fitness, and nu-
trition— 
‘‘(i) the need for which has been iden-
tified through the State’s measurement 
system described in subsection (e); and 
‘‘(ii) that are part of a comprehensive 
strategy or framework to address such 
need; 
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‘‘(B) ensure that each framework, inter-
vention, or program selected to be implemented 
through the subgrant be based, if feasible, on 
scientifically valid research and be used for the 
purpose for which such framework, interven-
tion, or program was found to be effective; 
‘‘(C) collect and report to the State edu-
cational agency data for schools served by the 
subgrantee, in a manner consistent with the 
State’s measurement system, described in sub-
section (e); 
‘‘(D) establish policies to expand access to 
quality physical activity opportunities, including 
local school wellness policies consistent with the 
requirements of section 9A of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 
1758b); and 
‘‘(E) consider and accommodate the unique 
needs of students with disabilities and English 
learners in implementing activities. 
‘‘(h) ANNUAL STATE REPORT.—Each State that re-
ceives a grant under this section shall prepare and submit 
an annual report to the Secretary on the use of funds 
under this section. 
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‘‘SEC. 5506. SUPPLEMENT, NOT SUPPLANT. 
‘‘Funds made available under this subpart shall be 
used to supplement, and not supplant, any other Federal, 
State, or local funds available for physical education ac-
tivities.’’. 
Æ 
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