S 0415 General Bill, By Short, Hutto, Drummond, Leventis, Gregory and Giese
 A BILL TO AMEND SECTION 59-29-80 OF THE 1976 CODE, RELATING TO COURSES IN
 PHYSICAL EDUCATION, TO PROVIDE IN ACCORDANCE WITH ADOPTED SOUTH CAROLINA
 PHYSICAL EDUCATION CURRICULUM STANDARDS, STUDENTS IN GRADES KINDERGARTEN
 THROUGH EIGHTH GRADE SHALL BE PROVIDED A MINIMUM OF ONE HUNDRED-FIFTY MINUTES
 A WEEK OF PHYSICAL EDUCATION.

   02/26/03  Senate Introduced and read first time SJ-15
   02/26/03  Senate Referred to Committee on Education SJ-15

TO AMEND SECTION 59-29-80 OF THE 1976 CODE, RELATING TO COURSES IN PHYSICAL EDUCATION, TO PROVIDE IN ACCORDANCE WITH ADOPTED SOUTH CAROLINA PHYSICAL EDUCATION CURRICULUM STANDARDS, STUDENTS IN GRADES KINDERGARTEN THROUGH EIGHTH GRADE SHALL BE PROVIDED A MINIMUM OF ONE HUNDRED-FIFTY MINUTES A WEEK OF PHYSICAL EDUCATION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    The General Assembly finds that:

(1)    South Carolina ranks tenth in the United States for the number of overweight and obese people;

(2)    the number of overweight children in South Carolina has tripled since the 1960's;

(3)    South Carolina ranks first in the number of strokes, third in heart disease, and tenth in diabetes;

(4)    regular physical activity helps to improve strength and endurance, prevents obesity and controls body weight, helps build healthy bones and muscles, and reduces anxiety and stress; and

(5)    newly completed research shows a significant relationship between academic achievement and physical fitness.

SECTION    2.    Section 59-29-80 of the 1976 Code is amended to read:

"Section 59-29-80.    (A) There shall be established and provided in all the public schools of this State physical education, training, and instruction of pupils of both sexes, and every pupil attending any school, in so far as he is physically fit and able to do so, shall take the course or courses provided by this section. Suitable modified courses shall be provided for students physically or mentally unable or unfit to take the course or courses prescribed for normal pupils. However, in any public school which offers a military or naval ROTC program sponsored by one of the military services of the United States, training in such a program may be deemed equivalent to physical education instruction, and may be accepted in lieu of such instruction for all purposes, academic or nonacademic, as may hereinafter be provided.

(B)    In accordance with adopted South Carolina Physical Education Curriculum Standards, students in grades kindergarten through eighth grade shall be provided a minimum of one hundred-fifty minutes a week of physical education. At least one hundred minutes a week of the one hundred-fifty minutes must be developmentally appropriate health enhancing physical activity that allows for interactive behavior and promotes motor skill development. Unstructured recess time is not to be replaced or reduced in order to provide mandated planned instructional physical education.

(BC)    A student may be exempted from physical education requirements by seeking a waiver from the local school board of trustees. The local board may grant such a request based on the following criteria:

(1)    The student must present a statement by his attending physician indicating that participation in physical education will jeopardize the student's health and well-being; or

(2)(a) The parent and student must show that the student's attending physical education classes will violate their religious beliefs and would not be merely a matter of personal objection; and

(b) the parent or student must be members of a recognized religious faith that objects to physical education as part of its official doctrine or creed.

The local board shall encourage the student to take, as an alternative to physical education, appropriate instruction in health education or other instruction in lifestyle modification if an exemption is granted pursuant to this section."

SECTION    3.    This act takes effect upon approval by the Governor.