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ENGR. H. B. NO. 1938 Page 1
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ENGROSSED HOUSE
BILL NO. 1938 By: Sterling of the House
and
Rader of the Senate
[ schools - school districts - annual fitness
assessment - grade levels for student participation
- methods - exceptions - State Department of
Education - assessment instrument - annual report -
student information - analysis of performance
results – funding - recognition program –
codification ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 11-103.9c of Title 70, unless
there is created a duplication in numbering, reads as follows:
A. Beginning in the 2025-2026 school year, each school district
shall conduct an annual fitness assessment, as approved by the State
Board of Education, each school year for students in grades three
through twelve, to be conducted in a course that satisfies the
physical education program required pursuant to Section 11-103.9 of
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Title 70 of the Oklahoma Statutes or during the school year where
the assessment can be administered by trained personnel, including,
but not limited to, school nurses, physical education and health
teachers, coaches and any other certified school employees. The
assessments shall include methods deemed by the Board as appropriate
to ascertain levels of student physical fitness and factors and
standards required in subsection B of this section. A school
district shall not be required to conduct the annual fitness
assessment for students with a disability or other condition that
requires an exemption as determined by the State Department of
Education.
B. The State Department of Education shall adopt an assessment
instrument to be used by all school districts in assessing student
physical fitness that includes standards accessible to districts
which adequately express the most current and widely accepted best
practices and benchmarks in the areas of student health and physical
education. The minimum required contents of the assessment shall
address the measurements and assessment instrument to be used by a
school district in assessing student physical fitness under this
section. The assessment instrument shall:
1. Be based on factors related to student health, including the
following factors that have been identified as essential to overall
health and function:
a. aerobic capacity,
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b. body composition, and
c. muscular strength, endurance and flexibility or power;
and
2. Include criterion-referenced standards specific to a
student's age and gender, and be based on the physical fitness level
required for good health.
C. A school district shall annually report the results of each
student's performance on the physical fitness assessment required by
this section to the Board and the State Department of Health. The
results shall not contain the name of the student or the student's
Social Security number. The performance results provided to the
Board pursuant to this subsection may be used for assessing the
effectiveness of health programs and developing recommendations for
modifications to physical education and health and wellness programs
or related curriculum.
D. Not later than the last day of the school year, a school
district shall provide a parent or guardian with a copy of the
results of the physical fitness assessment of the parent's or
guardian's child. The results provided to a parent or guardian
under this subsection shall be clear, precise, and easy to
understand. A copy of the results shall be submitted to the
student's health insurance provider.
E. 1. The State Department of Education and the State
Department of Health shall analyze the performance results provided
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pursuant to subsection C of this section and identify, for each
school district, any correlation between the results and the
following:
a. student obesity,
b. student attendance levels,
c. student academic achievement levels,
d. student disciplinary problems, and
e. school meal programs.
2. The State Department of Education may contract with a public
or private entity to conduct all or part of the analysis required in
paragraph 1 of this subsection. The State Department of Education's
efforts may be supported with state, federal or private funding, or
a combination thereof.
3. The State Department of Education shall submit a copy of
each school district's analysis required in paragraph 1 of this
subsection to the applicable district for its information and
review.
F. The State Board of Education shall submit an annual report
to the Governor, beginning October 1, 2026, and annually thereafter.
The report shall include the compliance status of each school
district. The Governor may, in coordination with the Board,
establish one or more recognition programs to acknowledge school
districts and schools which have most improved in their physical
fitness assessments. The Governor may collaborate with private
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corporations in the development and implementation of recognition
programs pursuant to this subsection, including providing monetary
or other incentives to school districts or schools for attaining
certain levels of health status. All school districts or schools
receiving acknowledgment through a recognition program established
by the Governor pursuant to this subsection shall also be recognized
on the Board's website.
Passed the House of Representatives the 25th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2025.
Presiding Officer of the Senate