Read 1st time January 29, 2008 and copies ordered printed.





To amend chapter 167, RSMo, by adding thereto one new section relating to physical education.

Be it enacted by the General Assembly of the state of Missouri, as follows:

            Section A. Chapter 167, RSMo, is amended by adding thereto one new section, to be known as section 167.720, to read as follows:

            167.720. 1. All school districts shall comply with the requirements of this section by July 1, 2011.

            2. As used in this section, unless the context otherwise requires, the following terms mean:

            (1) "Least restrictive environment", placing the student with a disabling condition at a point along a continuum of educational placement alternatives where all students coexist, interact, and learn to the fullest extent of each of their respective abilities;

            (2) "Moderate physical activity", low to medium impact physical exertion that causes an individual's heart rate to rise to fifty to seventy-five percent of his or her maximum heart rate. Maximum heart rate is roughly calculated as 220 minus a person's age;

            (3) "Physical education", instruction in healthy active living by a teacher certified to teach physical education, structured in such a way that it is a regularly scheduled class for students;

            (4) "Recess", a structured play environment, outside of regular classroom instructional activities, where students are allowed to engage in supervised safe, active free play. This does not count as physical education.

            3. The required elements of physical education shall be as follows:

            (1) Every student in kindergarten through eighth grade shall participate in daily physical education for the entire school year, including students with disabling conditions and those in alternative education programs. Students in the elementary schools shall participate in physical education for at least one hundred fifty minutes during each five-day school week, and students in middle schools shall participate for at least two hundred twenty-five minutes per five-day school week. High school students shall be required to earn two credits or four semesters of physical education for graduation;

            (2) A minimum of one recess period of ten minutes per day shall be provided for children in kindergarten through fifth grade;

            (3) Schools shall establish specific learning goals and objectives for physical education. A sequential, developmentally appropriate curriculum shall be designed, implemented, and evaluated to help students develop the knowledge, motor skills, self-management skills, attitudes, and confidence needed to adopt and maintain physical activity throughout their lives. The physical activity program shall:

            (a) Emphasize knowledge and skills for a lifetime of regular physical activity;

            (b) Be consistent with the show-me standards and grade level expectations for physical education that define what students should know and be able to do;

            (c) Devote at least fifty percent of class time to moderate physical activity in each week;

            (d) Provide many different physical activity choices;

            (e) Feature predominantly fitness-based activities that include cooperative as well as competitive games;

            (f) Meet the needs of all students, especially those who are not athletically gifted;

            (g) Teach healthy active living skills;

            (h) Actively teach cooperation, fair play, and responsible participation in physical activity;

            (i) Have student/teacher ratios comparable to those in other curricular areas to ensure safety and to devote adequate attention to each student; and

            (j) Promote participation in physical activity outside of school.


Recognizing that all students deserve the opportunity to participate as fully as they are able, suitably adapted physical education shall be included as a part of individual education plans for students with chronic health problems, other disabling conditions, or other special needs that preclude such students' participation in regular physical education instruction or activities. The school shall provide students who have either permanent or temporary disabling conditions with opportunities to participate as fully as they are able, rather than summarily dismissing them from the activity. A student may be excused to the least restrictive environment if a physician states in writing that physical activity will jeopardize the student's health and well-being;

            (4) All students shall be regularly assessed at the local level for attainment of physical education learning objectives;

            (5) Health-related fitness testing shall be integrated into the curriculum as an instructional tool. Tests shall be appropriate to students’ developmental levels and physical abilities. Such testing shall be used to teach students how to assess their fitness levels, set goals for improvement, and monitor progress in reaching their goals. In the first through eighth grades, and during high school when a physical education course is taken, all students shall be assessed on their physical fitness proficiency using the state's physical fitness assessment. Results shall be reported to the department in the June reporting cycle for core data.

            4. Exemptions for physical education courses shall not be permitted on the basis of participation on an athletic team, community recreation program, ROTC, marching band, or other school or community activity.

            5. Physical education shall be taught by teachers certified by the state to teach physical education. All physical education teachers shall be adequately prepared and regularly participate in professional development activities to deliver the physical education program effectively.

            6. School leaders shall ensure the cost-efficient provision of adequate spaces, facilities, equipment, supplies, and operational budgets that are necessary to achieve the objectives of the physical education program.

            7. The physical education program shall be closely coordinated with other components of the overall school health program, local wellness policy, and the health education and physical education grade level expectations.