Report Title:

Physical Activity and Physical Education

Description:

Establishes physical activity and physical education requirements for schools and after-school programs.

THE SENATE

S.B. NO.

492

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

Relating to student physical activities.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The purpose of this measure is to combat the growing problem of childhood obesity in Hawaii's children and youth.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302A- Physical education requirement; elementary school. (a) All elementary school students shall participate in a minimum of one hundred fifty minutes of physical activity, physical education, or exercise each week, which shall be spread across most days of the week.

(b) The department shall employ one physical education teacher for every one hundred elementary school students.

(c) This requirement may be met in various ways, including through after-school physical education programs as provided in section 302A-408."

SECTION 3. Section 302A-408, Hawaii Revised Statutes, is amended to read as follows:

"§302A-408 After-school and weekend programs. (a) The department and the appropriate county agencies may establish and regulate programs of after-school and weekend community-school activities for children, including but not limited to child-care programs, arts and crafts, hula, ukulele, physical education programs, and other recreational projects, wherever feasible, at public school and public park facilities.

(b) After-school and weekend programs shall include physical activity components and opportunities for enrolled students.

(c) In addition to any appropriation of public funds, reasonable fees established by the agencies operating the programs may be collected from children enrolled, in the furtherance of particular programs. The appropriate agencies may obtain from time to time the services of persons in a voluntary or unpaid capacity, exempt from chapter 76, as may be necessary for carrying out the purposes of this section, and may regulate their duties, powers, and responsibilities when not otherwise provided by law. Any person whose services have been so accepted, while engaged in the performance of duty under this section, shall be deemed a state employee or an employee of a political subdivision, as the case may be, in determining the liability of the State or the political subdivision for the negligent acts of these persons."

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $          , or so much thereof as may be necessary for fiscal year 2005-2006, and the same sum, or so much thereof as may be necessary for fiscal year 2006-2007, for the department of education to hire physical education instructors to fulfill the purposes of this Act.

SECTION 5. The sums appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval; provided that sections 4 and 5 shall take effect July 1, 2004.

INTRODUCED BY:

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