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SECOND REGULAR SESSION
HOUSE BILL NO. 2390
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE MURRA Y .
5795H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 167.720, RSMo, and to enact in lieu thereof one new section relating to
physical activity in schools.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 167.720, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 167.720, to read as follows:
167.720. 1. As used in this section, the following terms shall mean:
2 (1) "Moderate physical activity", low- to medium-impact physical exertion designed
3 to increase an individual's heart rate to rise to at least seventy-five percent of his or her
4 maximum heart rate. Activities in this category may include, but are not limited to, running,
5 calisthenics, aerobic exercise, etc.;
6 (2) "Physical education", instruction in healthy active living by a teacher certificated
7 to teach physical education structured in such a way that it is a regularly scheduled class for
8 students;
9 (3) "Recess", a structured play environment outside of regular classroom instructional
10 activities, where students are allowed to engage in supervised safe active free play .
11 2. Beginning with the school year 2010-1 1:
12 (1) School districts shall ensure that students in elementary schools participate in
13 moderate physical activity for the entire school year , including students in alternative
14 education programs. Students in the elementary schools shall participate in moderate
15 physical activity for an average of one hundred fifty minutes per five-day school week, or an
16 average of thirty minutes per day . Students with disabilities shall participate in moderate
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 physical activity to the extent appropriate as determined by the provisions of the Individuals
18 with Disabilities Education Act, or Section 504 of the Rehabilitation Act;
19 (2) Each year the commissioner of education shall select for recognition students,
20 schools and school districts that are considered to have achieved improvement in fitness;
21 (3) Students in middle schools may at the school's discretion participate in at least
22 two hundred twenty-five minutes of physical activity per school week;
23 (4) A minimum of one recess period of twenty minutes per day shall be provided for
24 children in elementary schools, which may be incorporated into the lunch period.
25 3. Any requirement of this section above the state minimum physical education
26 requirement may be met by additional physical education instruction, or by other activities
27 approved by the individual school district under the direction of any certificated teacher or
28 administrator or other school employee under the supervision of a certificated teacher or
29 administrator .
30 4. (1) This subsection shall be known and may be cited as "Quinton's Law".
31 (2) For the 2027–28 school year and all subsequent years, in addition to all other
32 r equir ements of this section, every public school district and charter school serving
33 students in kindergarten to grade eight shall pro vide students with:
34 (a) A minimum of fifteen minutes of reces s, fr ee time, or unstructur ed physical
35 activity for each full instructional day; and
36 (b) At least two daily brain br eaks, defined as short periods of rest, stret ching,
37 mindfulness, or noninstructional r eset time lasting no fewer than thr ee minutes each.
38 (3) Recess and brain br eaks r equir ed under this subsection:
39 (a) Shall not be withheld as a disciplinary measur e unless the behavior pr esents
40 a safety risk;
41 (b) Shall be held in envir onments that are safe, supervised, and developmentally
42 appr opriate; and
43 (c) May be scheduled flexibly by the school to best meet student needs and
44 instructional schedules.
45 (4) (a) The department of elementary and secondary education may pr omulgate
46 all necessary rules and r egulations for the implementation, monitoring, and
4 7 enfor cement of this subsection. Such rules may include, but are not limited to:
48 a. Guidance on allowable activities for reces s and brain brea ks;
49 b. Pr ofessional development r esources for teachers;
50 c. Data rep orting r equir ements to ensure compliance; and
51 d. Pr ocedur es for waivers under exceptional cir cumstances.
52 (b) Any rule or portion of a rule, as that term is defined in section 536.010, that
53 is cr eated under the authority delegated in this subsection shall become effective only if
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54 it complies with and is subject to all of the pro visions of chapter 536 and, if applicable,
55 section 536.028. This subsection and chapter 536 ar e nonseverable and if any of the
56 powers vested with the general assembly pursuant to chapter 536 to review , to delay the
57 effective date, or to disappr ove and annul a rule are subsequently held unconstitutional,
58 then the grant of rulemaking authority and any rule pr oposed or adopted after the
59 effective date of this subsection shall be invalid and void.
60 (5) Subject to appr opriation, the department may pro vide grants or technical
61 assistance to public schools to support the implementation of reces s and brain br eak
62 pr ograms including, but not limited to, training, equipment, and curriculum reso urces.
✔
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