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