Full Text of SB1523 100th General Assembly
SB1523 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB1523 Introduced 2/9/2017, by Sen. Kyle McCarter SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/2-3.25g | from Ch. 122, par. 2-3.25g | 105 ILCS 5/27-5 | from Ch. 122, par. 27-5 | 105 ILCS 5/27-6 | from Ch. 122, par. 27-6 | 105 ILCS 5/27-6.5 | | 105 ILCS 5/27-7 | from Ch. 122, par. 27-7 |
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Amends the School Code. Provides that physical education may (rather than shall) be provided to pupils. Makes related changes, including changes concerning physical fitness assessments. Removes a provision concerning the State Board of Education preparing and making available guidelines for the various grades and types of schools.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 2-3.25g, 27-5, 27-6, 27-6.5, and 27-7 as follows: | 6 | | (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g) | 7 | | Sec. 2-3.25g. Waiver or modification of mandates within the | 8 | | School
Code and administrative rules and regulations. | 9 | | (a) In this Section: | 10 | | "Board" means a school board or the governing board or | 11 | | administrative district, as the case may be, for a joint | 12 | | agreement. | 13 | | "Eligible applicant" means a school district, joint | 14 | | agreement made up of school districts, or regional | 15 | | superintendent of schools on behalf of schools and programs | 16 | | operated by the regional office of education.
| 17 | | "Implementation date" has the meaning set forth in | 18 | | Section 24A-2.5 of this Code. | 19 | | "State Board" means the State Board of Education.
| 20 | | (b) Notwithstanding any other
provisions of this School | 21 | | Code or any other law of this State to the
contrary, eligible | 22 | | applicants may petition the State Board of Education for the
| 23 | | waiver or modification of the mandates of this School Code or |
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| 1 | | of the
administrative rules and regulations promulgated by the | 2 | | State Board of
Education. Waivers or modifications of | 3 | | administrative rules and regulations
and modifications of | 4 | | mandates of this School Code may be requested when an eligible | 5 | | applicant demonstrates that it can address the intent of the | 6 | | rule or
mandate in a more effective, efficient, or economical | 7 | | manner or when necessary
to stimulate innovation or improve | 8 | | student performance. Waivers of
mandates of
the School Code may | 9 | | be requested when the waivers are necessary to stimulate
| 10 | | innovation or improve student performance. Waivers may not be | 11 | | requested
from laws, rules, and regulations pertaining to | 12 | | special education, teacher educator licensure, teacher tenure | 13 | | and seniority, or Section 5-2.1 of this Code or from compliance | 14 | | with the No
Child Left Behind Act of 2001 (Public Law 107-110). | 15 | | Eligible applicants may not seek a waiver or seek a | 16 | | modification of a mandate regarding the requirements for (i) | 17 | | student performance data to be a significant factor in teacher | 18 | | or principal evaluations or (ii) teachers and principals to be | 19 | | rated using the 4 categories of "excellent", "proficient", | 20 | | "needs improvement", or "unsatisfactory". On September 1, | 21 | | 2014, any previously authorized waiver or modification from | 22 | | such requirements shall terminate. | 23 | | (c) Eligible applicants, as a matter of inherent managerial | 24 | | policy, and any
Independent Authority established under | 25 | | Section 2-3.25f-5 of this Code may submit an
application for a | 26 | | waiver or modification authorized under this Section. Each
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| 1 | | application must include a written request by the eligible | 2 | | applicant or
Independent Authority and must demonstrate that | 3 | | the intent of the mandate can
be addressed in a more effective, | 4 | | efficient, or economical manner
or be based
upon a specific | 5 | | plan for improved student performance and school improvement.
| 6 | | Any eligible applicant requesting a waiver or modification for | 7 | | the reason that intent
of the mandate can be addressed in a | 8 | | more economical manner shall include in
the application a | 9 | | fiscal analysis showing current expenditures on the mandate
and | 10 | | projected savings resulting from the waiver
or modification. | 11 | | Applications
and plans developed by eligible applicants must be | 12 | | approved by the board or regional superintendent of schools | 13 | | applying on behalf of schools or programs operated by the | 14 | | regional office of education following a public hearing on the | 15 | | application and plan and the
opportunity for the board or | 16 | | regional superintendent to hear testimony from staff
directly | 17 | | involved in
its implementation, parents, and students. The time | 18 | | period for such testimony shall be separate from the time | 19 | | period established by the eligible applicant for public comment | 20 | | on other matters. If the applicant is a school district or | 21 | | joint agreement requesting a waiver or modification of Section | 22 | | 27-6 of this Code, the public hearing shall be held on a day | 23 | | other than the day on which a regular meeting of the board is | 24 | | held. | 25 | | (c-5) If the applicant is a school district, then the | 26 | | district shall post information that sets forth the time, date, |
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| 1 | | place, and general subject matter of the public hearing on its | 2 | | Internet website at least 14 days prior to the hearing. If the | 3 | | district is requesting to increase the fee charged for driver | 4 | | education authorized pursuant to Section 27-24.2 of this Code, | 5 | | the website information shall include the proposed amount of | 6 | | the fee the district will request. All school districts must | 7 | | publish a notice of the public hearing at least 7 days prior to | 8 | | the hearing in a newspaper of general circulation within the | 9 | | school district that sets forth the time, date, place, and | 10 | | general subject matter of the hearing. Districts requesting to | 11 | | increase the fee charged for driver education shall include in | 12 | | the published notice the proposed amount of the fee the | 13 | | district will request. If the applicant is a joint agreement or | 14 | | regional superintendent, then the joint agreement or regional | 15 | | superintendent shall post information that sets forth the time, | 16 | | date, place, and general subject matter of the public hearing | 17 | | on its Internet website at least 14 days prior to the hearing. | 18 | | If the joint agreement or regional superintendent is requesting | 19 | | to increase the fee charged for driver education authorized | 20 | | pursuant to Section 27-24.2 of this Code, the website | 21 | | information shall include the proposed amount of the fee the | 22 | | applicant will request. All joint agreements and regional | 23 | | superintendents must publish a notice of the public hearing at | 24 | | least 7 days prior to the hearing in a newspaper of general | 25 | | circulation in each school district that is a member of the | 26 | | joint agreement or that is served by the educational service |
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| 1 | | region that sets forth the time, date, place, and general | 2 | | subject matter of the hearing, provided that a notice appearing | 3 | | in a newspaper generally circulated in more than one school | 4 | | district shall be deemed to fulfill this requirement with | 5 | | respect to all of the affected districts. Joint agreements or | 6 | | regional superintendents requesting to increase the fee | 7 | | charged for driver education shall include in the published | 8 | | notice the proposed amount of the fee the applicant will | 9 | | request. The
eligible applicant must notify in writing the | 10 | | affected exclusive collective
bargaining agent and those State | 11 | | legislators representing the eligible applicant's territory of
| 12 | | its
intent to seek approval of a
waiver or
modification and of | 13 | | the hearing to be held to take testimony from staff.
The | 14 | | affected exclusive collective bargaining agents shall be | 15 | | notified of such
public hearing at least 7 days prior to the | 16 | | date of the hearing and shall be
allowed to attend
such public | 17 | | hearing. The eligible applicant shall attest to compliance with | 18 | | all of
the notification and procedural requirements set forth | 19 | | in this Section. | 20 | | (d) A request for a waiver or modification of | 21 | | administrative rules and
regulations or for a modification of | 22 | | mandates contained in this School Code
shall be submitted to | 23 | | the State Board of Education within 15 days after
approval by | 24 | | the board or regional superintendent of schools. The | 25 | | application as submitted to the
State Board of Education shall | 26 | | include a description of the public hearing. Except with |
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| 1 | | respect to contracting for adaptive driver education, an | 2 | | eligible applicant wishing to request a modification or waiver | 3 | | of administrative rules of the State Board of Education | 4 | | regarding contracting with a commercial driver training school | 5 | | to provide the course of study authorized under Section 27-24.2 | 6 | | of this Code must provide evidence with its application that | 7 | | the commercial driver training school with which it will | 8 | | contract holds a license issued by the Secretary of State under | 9 | | Article IV of Chapter 6 of the Illinois Vehicle Code and that | 10 | | each instructor employed by the commercial driver training | 11 | | school to provide instruction to students served by the school | 12 | | district holds a valid teaching certificate or teaching | 13 | | license, as applicable, issued under the requirements of this | 14 | | Code and rules of the State Board of Education. Such evidence | 15 | | must include, but need not be limited to, a list of each | 16 | | instructor assigned to teach students served by the school | 17 | | district, which list shall include the instructor's name, | 18 | | personal identification number as required by the State Board | 19 | | of Education, birth date, and driver's license number. If the | 20 | | modification or waiver is granted, then the eligible applicant | 21 | | shall notify the State Board of Education of any changes in the | 22 | | personnel providing instruction within 15 calendar days after | 23 | | an instructor leaves the program or a new instructor is hired. | 24 | | Such notification shall include the instructor's name, | 25 | | personal identification number as required by the State Board | 26 | | of Education, birth date, and driver's license number. If a |
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| 1 | | school district maintains an Internet website, then the | 2 | | district shall post a copy of the final contract between the | 3 | | district and the commercial driver training school on the | 4 | | district's Internet website. If no Internet website exists, | 5 | | then the district shall make available the contract upon | 6 | | request. A record of all materials in relation to the | 7 | | application for contracting must be maintained by the school | 8 | | district and made available to parents and guardians upon | 9 | | request. The instructor's date of birth and driver's license | 10 | | number and any other personally identifying information as | 11 | | deemed by the federal Driver's Privacy Protection Act of 1994 | 12 | | must be redacted from any public materials.
Following receipt | 13 | | of the waiver or modification request, the
State Board shall | 14 | | have 45 days to review the application and request. If the
| 15 | | State Board fails to disapprove the application within that 45 | 16 | | day period, the
waiver or modification shall be deemed granted. | 17 | | The State Board
may disapprove
any request if it is not based | 18 | | upon sound educational practices, endangers the
health or | 19 | | safety of students or staff, compromises equal opportunities | 20 | | for
learning, or fails to demonstrate that the intent of the | 21 | | rule or mandate can be
addressed in a more effective, | 22 | | efficient, or economical manner or have improved
student | 23 | | performance as a primary goal. Any request disapproved by the | 24 | | State
Board may be appealed to the General Assembly by the | 25 | | eligible applicant
as outlined in this Section. | 26 | | A request for a waiver from mandates contained in this |
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| 1 | | School Code shall be
submitted to the State Board within 15 | 2 | | days after approval by the board or regional superintendent of | 3 | | schools.
The application as submitted to the State Board of | 4 | | Education
shall include a description of the public hearing. | 5 | | The description shall
include, but need not be limited to, the | 6 | | means of notice, the number of people
in attendance, the number | 7 | | of people who spoke as proponents or opponents of the
waiver, a | 8 | | brief description of their comments, and whether there were any
| 9 | | written statements submitted.
The State Board shall review the | 10 | | applications and requests for
completeness and shall compile | 11 | | the requests in reports to be filed with the
General Assembly.
| 12 | | The State Board shall file
reports outlining the waivers
| 13 | | requested by eligible applicants
and appeals by eligible | 14 | | applicants of requests
disapproved by the State Board with the | 15 | | Senate and the House of
Representatives before each March 1 and
| 16 | | October
1. The General Assembly may disapprove the report of | 17 | | the State Board in whole
or in part within 60 calendar days | 18 | | after each house of the General Assembly
next
convenes after | 19 | | the report is filed by adoption of a resolution by a record | 20 | | vote
of the majority of members elected in each house. If the | 21 | | General Assembly
fails to disapprove any waiver request or | 22 | | appealed request within such 60
day period, the waiver or | 23 | | modification shall be deemed granted. Any resolution
adopted by | 24 | | the General Assembly disapproving a report of the State Board | 25 | | in
whole or in part shall be binding on the State Board. | 26 | | (e) An approved waiver or modification (except a waiver |
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| 1 | | from or modification to a physical education mandate) may | 2 | | remain in effect for a period not to
exceed 5 school years and | 3 | | may be renewed upon application by the
eligible applicant. | 4 | | However, such waiver or modification may be changed within that
| 5 | | 5-year period by a board or regional superintendent of schools | 6 | | applying on behalf of schools or programs operated by the | 7 | | regional office of education following the procedure as set
| 8 | | forth in this Section for the initial waiver or modification | 9 | | request. If
neither the State Board of Education nor the | 10 | | General Assembly disapproves, the
change is deemed granted. | 11 | | An approved waiver from or modification to a physical | 12 | | education mandate may remain in effect for a period not to | 13 | | exceed 2 school years and may be renewed no more than 2 times | 14 | | upon application by the eligible applicant. An approved waiver | 15 | | from or modification to a physical education mandate may be | 16 | | changed within the 2-year period by the board or regional | 17 | | superintendent of schools, whichever is applicable, following | 18 | | the procedure set forth in this Section for the initial waiver | 19 | | or modification request. If neither the State Board of | 20 | | Education nor the General Assembly disapproves, the change is | 21 | | deemed granted.
| 22 | | (f) (Blank). | 23 | | (Source: P.A. 98-513, eff. 1-1-14; 98-739, eff. 7-16-14; | 24 | | 98-1155, eff. 1-9-15; 99-78, eff. 7-20-15.)
| 25 | | (105 ILCS 5/27-5) (from Ch. 122, par. 27-5)
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| 1 | | Sec. 27-5. Physical education and training. School boards | 2 | | of public schools and the Board of Governors of State
Colleges | 3 | | and Universities may shall provide for the physical education | 4 | | and
training of pupils of the schools and laboratory schools | 5 | | under their
respective control , and may shall include physical | 6 | | education and training in
the courses of study regularly taught | 7 | | therein. The physical education
and training course offered in | 8 | | grades 5 through 10 may include
the health
education course | 9 | | required in the Critical Health Problems and
Comprehensive
| 10 | | Health Education Act.
| 11 | | (Source: P.A. 89-618, eff. 8-9-96.)
| 12 | | (105 ILCS 5/27-6) (from Ch. 122, par. 27-6)
| 13 | | Sec. 27-6. Courses in physical education required ; special | 14 | | activities.
| 15 | | (a) Pupils enrolled in the public schools and State | 16 | | universities engaged in
preparing teachers may shall be | 17 | | required to engage
daily during the school day, except on block | 18 | | scheduled days for those public schools engaged in block | 19 | | scheduling, in courses of physical education for such
periods | 20 | | as are
compatible with the optimum growth and developmental | 21 | | needs of
individuals at the various age levels except when | 22 | | appropriate excuses
are submitted to the school by a pupil's | 23 | | parent or guardian or by a person
licensed under the Medical | 24 | | Practice Act of 1987 and except as provided in
subsection (b) | 25 | | of this Section.
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| 1 | | If a public school elects to provide physical education, | 2 | | special Special activities in physical education shall be | 3 | | provided for pupils
whose physical or emotional condition, as | 4 | | determined by a person licensed
under the Medical Practice Act | 5 | | of 1987, prevents their participation in the
courses provided | 6 | | for normal children.
| 7 | | (b) A school board is authorized to excuse pupils enrolled
| 8 | | in grades 11 and 12 from engaging in physical education courses | 9 | | if those
pupils request to be excused for any of the following | 10 | | reasons: (1) for
ongoing participation in an interscholastic
| 11 | | athletic program; (2) to enroll in academic classes which are | 12 | | required for
admission to an institution of higher learning, | 13 | | provided that failure to
take such classes will result in the | 14 | | pupil being denied admission to the
institution of his or her | 15 | | choice; or (3) to enroll in academic classes
which are required | 16 | | for graduation from high school, provided that failure to
take | 17 | | such classes will result in the pupil being unable to graduate. | 18 | | A school
board may also excuse pupils in grades 9 through 12 | 19 | | enrolled in a marching band
program for credit from engaging in | 20 | | physical education courses if those pupils
request to be | 21 | | excused for ongoing participation in such marching band
| 22 | | program. In addition, a pupil
in any of grades 3 through 12 who | 23 | | is eligible for special education may be excused if the pupil's | 24 | | parent or guardian agrees that the pupil
must utilize the time | 25 | | set aside for physical education to receive special education | 26 | | support and services or, if there is no agreement, the |
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| 1 | | individualized education program team for the pupil determines | 2 | | that the pupil must utilize the time set aside for physical | 3 | | education to receive special education support and services, | 4 | | which agreement or determination must be made a part of the | 5 | | individualized education program. However, a pupil requiring | 6 | | adapted physical education must receive that service in | 7 | | accordance with the individualized education program developed | 8 | | for the pupil. If requested, a school board is authorized to | 9 | | excuse a pupil from engaging in a physical education course if | 10 | | the pupil has an individualized educational program under | 11 | | Article 14 of this Code, is participating in an adaptive | 12 | | athletic program outside of the school setting, and documents | 13 | | such participation as determined by the school board. A school | 14 | | board may also excuse pupils in grades 9 through 12 enrolled
in | 15 | | a Reserve Officer's Training Corps (ROTC) program sponsored by | 16 | | the school
district from engaging in physical education | 17 | | courses.
School boards which choose to exercise this authority | 18 | | may shall establish a policy
to excuse pupils on an individual | 19 | | basis.
| 20 | | (c) The provisions of this Section are subject to the | 21 | | provisions of
Section 27-22.05.
| 22 | | (Source: P.A. 98-116, eff. 7-29-13.)
| 23 | | (105 ILCS 5/27-6.5) | 24 | | Sec. 27-6.5. Physical fitness assessments in schools. | 25 | | (a) As used in this Section, "physical fitness assessment" |
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| 1 | | means a series of assessments to measure aerobic capacity, body | 2 | | composition, muscular strength, muscular endurance, and | 3 | | flexibility. | 4 | | (b) To measure the effectiveness of State Goal 20 of the | 5 | | Illinois Learning Standards for Physical Development and | 6 | | Health, beginning with the 2016-2017 school year and every | 7 | | school year thereafter, the State Board of Education may allow | 8 | | shall require all public schools to use a scientifically-based, | 9 | | health-related physical fitness assessment for grades 3 | 10 | | through 12 and periodically report fitness information to the | 11 | | State Board of Education, as set forth in subsections (c) and | 12 | | (e) of this Section, to assess student fitness indicators. | 13 | | Public schools may shall integrate health-related fitness | 14 | | testing into the curriculum as an instructional tool, except in | 15 | | grades before the 3rd grade. Fitness tests must be appropriate | 16 | | to students' developmental levels and physical abilities. The | 17 | | testing must be used to teach students how to assess their | 18 | | fitness levels, set goals for improvement, and monitor progress | 19 | | in reaching their goals. Fitness scores shall not be used for | 20 | | grading students or evaluating teachers. | 21 | | (c) On or before October 1, 2014, the State Superintendent | 22 | | of Education shall appoint a 15-member stakeholder and expert | 23 | | task force, including members representing organizations that | 24 | | represent physical education teachers, school officials, | 25 | | principals, health promotion and disease prevention advocates | 26 | | and experts, school health advocates and experts, and other |
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| 1 | | experts with operational and academic expertise in the | 2 | | measurement of fitness. The task force shall make | 3 | | recommendations to the State Board of Education on the | 4 | | following: | 5 | | (1) methods for ensuring the validity and uniformity of | 6 | | reported physical fitness assessment scores, including | 7 | | assessment administration protocols and professional | 8 | | development approaches for physical education teachers; | 9 | | (2) how often physical fitness assessment scores | 10 | | should be reported to the State Board of Education; | 11 | | (3) the grade levels within elementary, middle, and | 12 | | high school categories for which physical fitness | 13 | | assessment scores should be reported to the State Board of | 14 | | Education; | 15 | | (4) the minimum fitness indicators that should be | 16 | | reported to the State Board of Education, including, but | 17 | | not limited to, a score for aerobic capacity (for grades 4 | 18 | | through 12); muscular strength; endurance; and | 19 | | flexibility; | 20 | | (5) the demographic information that should accompany | 21 | | the scores, including, but not limited to, grade and | 22 | | gender; | 23 | | (6) the development of protocols regarding the | 24 | | protection of students' confidentiality and individual | 25 | | information and identifiers; and | 26 | | (7) how physical fitness assessment data should be
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| 1 | | reported by the State Board of Education to the public, | 2 | | including potential correlations
with student academic | 3 | | achievement, attendance, and
discipline data and other | 4 | | recommended uses of the reported data. | 5 | | The State Board of Education shall provide administrative | 6 | | and other support to the task force. | 7 | | The task force shall submit its recommendations on physical | 8 | | fitness assessments on or before April 1, 2015. The task force | 9 | | may also recommend methods for assessing student progress on | 10 | | State Goals 19 and 21 through 24 of the Illinois Learning | 11 | | Standards for Physical Development and Health. The task force | 12 | | is dissolved on April 30, 2015. | 13 | | The provisions of this subsection (c), other than this | 14 | | sentence, are inoperative after March 31, 2016. | 15 | | (d) On or before December 31, 2015, the State Board of | 16 | | Education shall use the recommendations of the task force under | 17 | | subsection (c) of this Section to adopt rules for the | 18 | | implementation of physical fitness assessments by each public | 19 | | school , electing to participate, for the 2016-2017 school year | 20 | | and every school year thereafter. | 21 | | (e) On or before September 1, 2016, the State Board of | 22 | | Education may shall adopt rules for data submission by school | 23 | | districts and develop a system for collecting and reporting the | 24 | | aggregated fitness information from the physical fitness | 25 | | assessments. This system may shall also support the collection | 26 | | of data from school districts that use a fitness testing |
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| 1 | | software program. | 2 | | (f) School districts may report the aggregate findings of | 3 | | physical fitness assessments by grade level and school to | 4 | | parents and members of the community through typical | 5 | | communication channels, such as Internet websites, school | 6 | | newsletters, school board reports, and presentations. | 7 | | Districts may also provide individual fitness assessment | 8 | | reports to students' parents. | 9 | | (g) Nothing in this Section precludes schools from | 10 | | implementing a physical fitness assessment before the | 11 | | 2016-2017 school year or from implementing more robust forms of | 12 | | a physical fitness assessment.
| 13 | | (Source: P.A. 98-859, eff. 8-4-14.)
| 14 | | (105 ILCS 5/27-7) (from Ch. 122, par. 27-7)
| 15 | | Sec. 27-7. Physical education course of study.
A physical | 16 | | education course of study may shall include a developmentally | 17 | | planned and sequential curriculum that fosters the development | 18 | | of movement skills, enhances health-related fitness, increases | 19 | | students' knowledge, offers direct opportunities to learn how | 20 | | to work cooperatively in a group setting, and encourages | 21 | | healthy habits and attitudes for a healthy lifestyle. A | 22 | | physical education course of study may shall provide students | 23 | | with an opportunity for an appropriate amount of daily physical | 24 | | activity. A physical education course of study may must be part | 25 | | of the regular school curriculum and not extra-curricular in |
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| 1 | | nature or organization .
| 2 | | The State Board of Education
shall prepare and make
| 3 | | available guidelines for the various grades and types of | 4 | | schools in
order to make effective the purposes set forth in | 5 | | this section and the
requirements provided in Section 27-6, and | 6 | | shall see that the general
provisions and intent of Sections | 7 | | 27-5 to 27-9, inclusive, are
enforced.
| 8 | | (Source: P.A. 94-189, eff. 7-12-05; 94-200, eff. 7-12-05.)
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