Bill Text For HB2381 - Senate Floor Version

 1|                        SENATE FLOOR VERSION                           |
  |                            April 7, 2021                              |
 2|                             AS AMENDED                                |
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 3|ENGROSSED HOUSE                                                        |
  |BILL NO. 2381                        By: Sterling, McCall, Boles,      |
 4|                                         McEntire, Hasenbeck, Roe,     |
  |                                         Wallace, Talley and Bush of   |
 5|                                         the House                     |
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 6|                                         and                           |
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 7|                                         Simpson of the Senate         |
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10|       [ schools - directing local school districts to                 |
  |       conduct an annual fitness assessment - authorizing              |
11|       certain funding  codification ]                                 |
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14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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15|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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16|in the Oklahoma Statutes as Section 11-103.9b of Title 70, unless      |
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17|there is created a duplication in numbering, reads as follows:         |
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18|    A.  Beginning in the 2022-2023 school year, each local school      |
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19|district shall conduct an annual fitness assessment, as approved by    |
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20|the State Board of Education, each school year for students in         |
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21|grades three through twelve, to be conducted in a course that          |
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22|satisfies the physical education program required pursuant to          |
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23|Section 11-103.9 of Title 70 of the Oklahoma Statutes or during the    |
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24|school year where the assessment can be administered by trained        |
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 1|personnel, including, but not limited to, school nurses, physical      |
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 2|education and health teachers, coaches and any other certified         |
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 3|school employees.  Such assessments shall include methods deemed by    |
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 4|the State Board of Education as appropriate to ascertain levels of     |
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 5|student physical fitness and include the factors and standards         |
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 6|required in subsection B of this section.  A local school district     |
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 7|shall not be required to conduct the annual fitness assessment for     |
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 8|students with a disability or other condition that requires an         |
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 9|exemption as determined by the State Department of Education.          |
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10|     B.  The State Department of Education shall adopt an assessment   |
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11|instrument that includes standards accessible to districts which       |
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12|adequately express the most current and widely accepted best           |
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13|practices and benchmarks in the areas of student health and physical   |
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14|education to be used by all local school districts in assessing        |
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15|student physical fitness.  The minimum required contents of the        |
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16|assessment shall address the measurements and assessment instrument    |
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17|to be used by a school district in assessing student physical          |
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18|fitness under this section.  The assessment instrument shall:          |
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19|     1.  Be based on factors related to student health, including      |
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20|the following factors that have been identified as essential to        |
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21|overall health and function:                                           |
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22|         a.    aerobic capacity,                                       |
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23|         b.    body composition, and                                   |
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24|         c.    muscular strength, endurance and flexibility; and       |
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 1|     2.  Include criterion-referenced standards specific to a          |
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 2|student's age and gender and based on the physical fitness level       |
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 3|required for good health.                                              |
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 4|     C.  A school district shall annually provide the results of       |
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 5|individual student performance on the physical fitness assessment      |
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 6|required by this section to the State Board of Education and the       |
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 7|State Department of Health.  The results shall not contain the name    |
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 8|of the individual student, the student's Social Security number or     |
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 9|the student's date of birth.  The performance results provided to      |
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10|the Board pursuant to this subsection may be used for assessing the    |
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11|effectiveness of health programs and developing recommendations for    |
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12|modifications to physical education and health and wellness programs   |
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13|or related curriculum.                                                 |
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14|    D.  Not later than the last day of the school year, a school       |
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15|district shall provide a parent or guardian with a copy of the         |
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16|results of the physical fitness assessment of the parent's or          |
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17|guardian's child.  The results provided to a parent or guardian        |
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18|under this subsection shall be clear, precise, and easy to             |
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19|understand.                                                            |
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20|    E.  1.  The State Department of Education and the State            |
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21|Department of Health shall analyze the performance results provided    |
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22|pursuant to subsection C of this section and identify, for each        |
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23|school district, any correlation between the results and the           |
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24|following:                                                             |
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 1|         a.    student obesity,                                        |
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 2|         b.    student attendance levels,                              |
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 3|         c.    student academic achievement levels,                    |
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 4|         d.    student disciplinary problems, and                      |
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 5|         e.    school meal programs.                                   |
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 6|    2.  The State Department of Education may contract with a public   |
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 7|or private entity for that entity to conduct all or part of the        |
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 8|analysis required in paragraph 1 of this subsection.                   |
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 9|    The State Board of Education's efforts may be supported with       |
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10|state, federal or private funding or a combination thereof.            |
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11|    F.  The State Board of Education shall submit an annual report     |
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12|to the Governor, beginning October 1, 2023, and annually thereafter.   |
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13| The report shall include the compliance status of each local school   |
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14|district.  The Governor may, in coordination with the State Board of   |
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15|Education, establish one or more recognition programs to acknowledge   |
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16|local school districts and schools which have most improved in their   |
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17|physical fitness assessments.  The Governor may collaborate with       |
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18|private corporations in the development and implementation of          |
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19|recognition programs pursuant to this subsection, including            |
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20|providing monetary or other incentives to local school districts or    |
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21|schools for attaining certain levels of health status.  All local      |
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22|school districts or schools receiving acknowledgment through a         |
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23|recognition program established by the Governor pursuant to this       |
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 1|subsection shall also be recognized on the State Board of              |
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 2|Education's website.                                                   |
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 3|COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS                       |
  |April 7, 2021 - DO PASS AS AMENDED                                     |
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