Tennessee § 49-6-1021 - Opportunities for physical activity.

§ 49-6-1021. Opportunities for physical activity.

In accordance with § 49-6-1022, it shall be the duty of each LEA to integrate: For elementary school students, a minimum of one hundred thirty (130) minutes of physical activity per full school week; and For middle and high school students, a minimum of ninety (90) minutes of physical activity per full school week. Physical activity may include walking, jumping rope, playing volleyball, or other forms of physical activity that promote fitness and well-being; however, walking to and from class shall not be considered physical activity for purposes of this section. To satisfy the requirements of subdivision (a)(1), an LEA shall offer elementary students at least one fifteen-minute (15) minute period of physical activity per day. The office of coordinated school health in the department of education shall provide an annual report by October 1, to the education committee of the house of representatives and the education committee of the senate on the implementation of subsection (a). The report shall contain at least the following information: The percentage of public schools that integrate the required physical activity into the instructional school day in compliance with subsection (a); The types of physical activities that are used to meet the physical activity requirement; Any barriers that have limited full compliance with the physical activity requirement; Innovative methods that schools use to comply with the physical activity requirement; The ranking of Tennessee schools in providing physical activity and physical education as compared to other states; Relevant data or studies that link physical activity or physical education to academic performance in students; Relevant data or studies showing whether increased physical activity or physical education lead to better health outcomes; The annual percentage of increase or decrease in compliance with the physical activity requirement in school districts with average daily membership of twenty-five thousand (25,000) or more students; and An overall summary and a set of recommendations to promote active living in the youth of this state, including, but not limited to, suggestions for increasing compliance with the physical activity requirement that can be implemented with minimal cost. Nothing in this section shall prevent an LEA from integrating more student physical activity for elementary, middle, and high school students during the school week than required in subsection (a). The requirements of subsection (a) may work in conjunction with the school's physical education program, but subsection (a) shall not replace the current physical education program in a school. In addition to the integration of physical activity into the instructional school day according to subsection (a), each LEA shall require each student in elementary school to participate in a physical education class that meets at least two (2) times per full school week during the school year. The total physical education class time each full school week shall be no less than sixty (60) minutes. The physical education class shall meet the needs of students of all physical ability levels, including students with disabilities who shall participate in moderate physical activity to the extent appropriate as determined by the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.), Section 504 of the Rehabilitation Act (29 U.S.C. § 701 et seq.), or the student's individualized education program. An accommodation or alternative physical activity shall be provided for children with disabilities, if necessary. The physical education class required by this subsection (e) shall be taught by a licensed teacher with an endorsement in physical education or by a specialist in physical education. A student shall be excused from a physical education class for medical reasons. The LEA may require a parent or legal guardian to provide documentation of a student's reason for being excused from the physical education class. This subsection (e) shall not apply to any county having a population of not less than thirty-eight thousand three hundred (38,300) nor more than thirty-eight thousand four hundred (38,400), according to the 2010 federal census or any subsequent federal census, until the 2021-2022 school year; and This subsection (e) shall not apply to any county having a population of not less than fifty-seven thousand four hundred (57,400) nor more than fifty-seven thousand five hundred (57,500), according to the 2010 federal census or any subsequent federal census, until the 2021-2022 school year. Each LEA shall file an annual report with the commissioner of education verifying that the LEA has met the physical education requirements of this section. Subsections (e) and (f) apply to the 2020-2021 school year and each school year thereafter. Acts 2006, ch. 1001, § 1; 2011, ch. 245, § 1; 2014, ch. 986, § 1; 2016, ch. 669, § 1; 2017, ch. 99, § 1; 2018, ch. 976, § 2; 2019, ch. 475, § 2; 2019, ch. 345, § 99. Compiler's Notes. Acts 2016, ch. 669, § 2, provided that the act, which amended this section, shall apply to the 2016-2017 academic years and academic years thereafter. Acts 2018, ch. 976, § 1 provided that the act, which amended this section by adding subsections (e) and (f), shall be known and may be cited as the “Tom Cronan Physical Education Act.” Cross-References. Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114 . Attorney General Opinions. To the extent that the guidelines for “classroom activity breaks” in the Tennessee Department of Education’s June 8, 2016, and June 23, 2016 memoranda authorize physical activities for “classroom activity breaks” that are structured, the guidelines do not comply with the “non-structured physical activity” requirements of T.C.A. § 49-6-1021 . OAG 16-34, 2016 Tenn. AG LEXIS 34 (8/30/2016).