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ENGROSSED HOUSE
BILL NO. 3288 By: Roe of the House
and
Logan of the Senate
An Act relating to schools; amending 70 O.S. 2021,
Section 11-103.9, which relates to physical education
programs; adding full-day prekindergarten to
elementary physical education instruction
requirements; increasing amount of weekly physical
education instruction for elementary school students;
prohibiting the withholding of physical education as
a form of punishment; increasing amount of weekly
physical activity required for physical education
classes; directing schools to provide recess or
physical activity before tests or assessments;
requiring local school boards to adopt a policy
regarding weekly physical education instruction for
students in grades six through twelve; increasing
amount of recommended daily recess for
prekindergarten through fifth grade; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 11-103.9, is
amended to read as follows:
Section 11-103.9. A. Except as otherwise provided for in this
section, the State Board of Education shall require, as a condition
of accreditation, that school districts provide to all students
physical education programs which may include athletics.
B. The Board shall require, as a condition of accreditation,
that public elementary schools provide instruction, for students in
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full-day prekindergarten, kindergarten, and grades one through five,
in physical education or exercise programs for a minimum of an
average of sixty (60) one hundred fifty (150) minutes each week.
The time students participate in recess shall not be counted toward
the sixty-minutes-per-week one-hundred-fifty-minutes-per-week
physical education requirement. Schools may exclude from
participation in the physical education or exercise programs
required in this subsection those students who have been placed into
an in-house suspension or detention class or placement or those
students who are under an in-school restriction or are subject to an
administrative disciplinary action Physical education activities
shall not be withheld as a form of punishment in students in
prekindergarten through fifth grade, except in situations where
aggression or other threatening behaviors has threatened the safety
of the individual student or other students. In this situation, the
student involved shall have accommodations made so he or she will be
allowed to participate in some type of physical activity.
C. The Board shall require, as a condition of accreditation,
that public elementary schools provide to students in full-day
prekindergarten, kindergarten, and grades one through five, in
addition to the requirements set forth in subsection B of this
section, an average of sixty (60) minutes each week of physical
activity, which may include, but not be limited to, physical
education, exercise programs, fitness breaks, recess, and classroom
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activities, and wellness and nutrition education. During end-of-
term or school-year assessment and testing, every attempt shall be
made to coordinate recess periods, or periods of moderate physical
activity, within the ninety-minute period prior to the time of such
assessment or testing session beginning. Each school district board
of education shall determine the specific activities and means of
compliance with the provisions of this subsection, giving
consideration to the recommendations of each school's Healthy and
Fit School Advisory Committee as submitted to the school principal
pursuant to the provisions of Section 24-100a of this title.
D. The Board shall disseminate information to each school
district on the benefits of physical education programs and shall
strongly encourage districts to provide physical education
instruction or exercise programs to students in grades six through
twelve. Local school boards shall adopt a policy related to the
requirement of physical education instruction for students in grades
six through twelve. The Board shall also strongly encourage school
districts to incorporate physical activity into the school day by
providing to students in full-day prekindergarten, kindergarten, and
grades one through five at least a twenty-minute two fifteen-minute
daily recess recesses, which shall be in addition to the sixty (60)
one hundred fifty (150) minutes of physical education as required by
subsection B of this section, and by allowing all students brief
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physical activity breaks throughout the day, physical activity
clubs, and special events.
E. Instruction in physical education required in this section
shall be aligned with the subject matter standards as adopted by the
Board.
F. The physical education curriculum shall be sequential,
developmentally appropriate, and designed, implemented, and
evaluated to enable students to develop the motor and self-
management skills and knowledge necessary to participate in physical
activity throughout life. Each school district shall establish
specific objectives and goals the district intends to accomplish
through the physical education curriculum.
G. In identifying the essential knowledge and skills, the State
Board of Education shall ensure that the subject matter standards
for physical education:
1. Emphasize the knowledge and skills capable of being used
during a lifetime of regular physical activity;
2. Are consistent with national physical education standards
for:
a. the information that students should learn about
physical activity, and
b. the physical activities that students should be able
to perform;
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3. Require that, on a weekly basis, at least fifty percent
(50%) eighty percent (80%) of the physical education class be used
for actual student physical activity and that the activity be, to
the extent practicable, at a moderate or vigorous level;
4. Offer students an opportunity to choose among many types of
physical activity in which to participate;
5. Offer students both cooperative and competitive games;
6. Meet the needs of students of all physical ability levels,
including students who have a disability, chronic health problem, or
other special need that precludes the student from participating in
regular physical education instruction but who might be able to
participate in physical education that is suitably adapted and, if
applicable, included in the student's individualized education
program;
7. Teach self-management and movement skills;
8. Teach cooperation, fair play, and responsible participation
in physical activity;
9. Promote student participation in physical activity outside
of school; and
10. Allow physical education classes to be an enjoyable
experience for students.
H. The Board shall adopt rules to implement the provisions of
this section.
SECTION 2. This act shall become effective July 1, 2028.
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Passed the House of Representatives the 9th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2026.
Presiding Officer of the Senate