Bill Text For SB0094 - Introduced

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 59th Legislature (2023)                |
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 3|SENATE BILL 94                       By: Garvin                        |
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 6|                            AS INTRODUCED                              |
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 7|       An Act relating to schools; directing school                    |
  |       districts to conduct an annual fitness assessment;              |
 8|       requiring certain methods to conduct assessment;                |
  |       providing exemption; directing the State Department             |
 9|       of Education to adopt certain assessment instrument;            |
  |       requiring annual report and copies of results;                  |
10|       authorizing use of certain funds; authorizing                   |
  |       Governor to establish certain recognition program;              |
11|       providing for codification; providing an effective              |
  |       date; and declaring an emergency.                               |
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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 11-103.9c 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 2023-2024 school year, each school district   |
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19|in this state shall conduct an annual fitness assessment that is       |
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20|approved by the State Department of Education.  The assessment shall   |
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21|be conducted each school year for students in grades three through     |
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22|five as part of a course that satisfies the physical education         |
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23|program requirements of Section 11-103.9 of Title 70 of the Oklahoma   |
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24|Statutes and for students in grades six through twelve during the      |
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   Req. No. 649                                                    Page 1
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 1|school year when the assessment can be administered by trained         |
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 2|personnel including but not limited to school nurses, physical         |
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 3|education and health teachers, coaches, and any other certified        |
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 4|school employees.  The assessments shall include methods deemed by     |
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 5|the State Department of Education as appropriate to ascertain levels   |
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 6|of student physical fitness and include the factors and standards      |
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 7|required in subsection B of this section.  A school district shall     |
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 8|not be required to conduct the annual fitness assessment for           |
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 9|students with a disability or other condition that requires an         |
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10|exemption as determined by the State Department of Education.          |
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11|    B.  The State Department of Education shall adopt an assessment    |
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12|instrument that includes standards accessible to districts which       |
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13|adequately express the most current and widely accepted best           |
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14|practices and benchmarks in the areas of student health and physical   |
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15|education to be used by all school districts in assessing student      |
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16|physical fitness.  The minimum required contents of the assessment     |
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17|shall address the measurements and assessment instrument to be used    |
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18|by a school district in assessing student physical fitness pursuant    |
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19|to this section.  The assessment instrument shall:                     |
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20|    1.  Be based on factors related to student health including the    |
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21|following factors that have been identified as essential to overall    |
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22|health and function:                                                   |
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23|         a.    aerobic capacity,                                       |
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24|         b.    body composition, and                                   |
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   Req. No. 649                                                    Page 2
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 1|         c.    muscular strength, endurance, and flexibility; and      |
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 2|    2.  Include criterion-referenced standards specific to a           |
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 3|student's age and gender and based on the physical fitness level       |
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 4|required for good health.                                              |
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 5|    C.  A school district shall annually provide the results of        |
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 6|individual student performance on the physical fitness assessment      |
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 7|required by this section to the State Department of Education and      |
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 8|the State Department of Health.  The results shall not contain the     |
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 9|name of the individual student, the student's Social Security          |
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10|number, or the student's date of birth.  The performance results       |
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11|provided to the State Department of Education pursuant to this         |
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12|subsection may be used for assessing the effectiveness of health       |
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13|programs and developing recommendations for modifications to           |
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14|physical education, health and wellness programs, or health            |
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15|education curriculum.                                                  |
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16|    D.  Not later than the last day of the school year, a school       |
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17|district shall provide a parent or legal guardian with the results     |
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18|of the physical fitness assessment of the parent's or legal            |
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19|guardian's child.  The results provided to a parent or legal           |
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20|guardian pursuant to this subsection shall be clear, precise, and      |
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21|easy to understand.                                                    |
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22|    E.  1.  The State Department of Education and the State            |
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23|Department of Health shall analyze the performance results provided    |
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24|pursuant to subsection C of this section and identify, for each        |
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   Req. No. 649                                                    Page 3
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 1|school district, any correlation between the results and the           |
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 2|following:                                                             |
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 3|         a.    student obesity,                                        |
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 4|         b.    student attendance levels,                              |
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 5|         c.    student academic performance levels,                    |
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 6|         d.    student disciplinary problems, and                      |
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 7|         e.    school meal programs.                                   |
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 8|    2.  The State Department of Education may contract with a public   |
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 9|or private entity to conduct all or part of the analysis required by   |
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10|paragraph 1 of this subsection.  The State Department of Education     |
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11|may use state, federal, or private funding or a combination thereof    |
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12|to implement the provisions of this section.                           |
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13|    F.  The State Department of Education shall submit an annual       |
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14|report to the Governor, beginning October 1, 2024, and annually        |
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15|thereafter.  The report shall include the compliance status of each    |
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16|school district with the provisions of this section.  The Governor     |
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17|may, in coordination with the State Department of Education,           |
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18|establish one or more recognition programs to acknowledge school       |
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19|districts and schools which have most improved in their physical       |
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20|fitness assessments.  The Governor may collaborate with private        |
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21|corporations in the development and implementation of recognition      |
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22|programs pursuant to this subsection, including providing monetary     |
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23|or other incentives to school districts or schools for attaining       |
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24|certain levels of health status.  All school districts or schools      |
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   Req. No. 649                                                    Page 4
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 1|receiving acknowledgment through a recognition program established     |
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 2|by the Governor pursuant to this subsection shall also be recognized   |
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 3|on the State Department of Education's website.                        |
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 4|    SECTION 2.  This act shall become effective July 1, 2023.          |
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 5|    SECTION 3.  It being immediately necessary for the preservation    |
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 6|of the public peace, health, or safety, an emergency is hereby         |
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 7|declared to exist, by reason whereof this act shall take effect and    |
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 8|be in full force from and after its passage and approval.              |
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10|    59-1-649       EB        12/30/2022 11:11:38 AM                    |
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   Req. No. 649                                                    Page 5
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