CHAPTER 420

FORMERLY

HOUSE BILL NO. 471

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO A PILOT PROGRAM FOR PHYSICAL EDUCATION AND PHYSICAL ACTIVITY IN DELAWARE PUBLIC SCHOOLS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend Chapter 41, Title 14 of the Delaware Code by inserting a new Section to read as follows:

Ҥ 4133. Physical Education/Physical Activity Pilot Program.

(a) For the 2006-07 school year there is established a physical education/physical activity pilot program in at least six (6) of Delaware’s public elementary, middle or high schools to determine the potential for future expanded use to all of Delaware’s public schools. Each school in the pilot shall be required to provide at least 150 minutes per week of a combination of physical education and physical activity for each student. A pilot school shall not be penalized in any manner if a reasonable attempt has been made to provide the program to each student.

(b) Each potential pilot school shall be required to provide a proposed plan that outlines how the school shall meet the requirements as specified in (a) of this Section and the application form developed by the Department of Education. This application shall include the delineation of any unmet funding needs related to, but not limited to, additional program and personnel costs to conduct the planned activities. To the extent funds are available, the Department shall provide for such unmet funding needs.

(c) The Department of Education shall work with the selected pilot schools to develop and implement programs, following the Connections to Learning core principles, that meet the requirement that the school provide at least a 150-minute minimum in the combination of physical education and physical activity which may include physical education classes, recess, planned classroom breaks, and other identified activities. Training shall be provided by the Department of Education upon request.

(d) The Department of Education shall conduct an evaluation of the pilot program which may be done in collaboration with an outside entity and shall report preliminary findings by May 15, 2007 and a final report by July 15, 2007 to the Secretary of Education, President Pro Tempore of the Senate, Speaker of the House of Representatives, Office of Management and Budget, Controller General’s Office and Chairpersons for the Joint Finance Committee.

Section 2. This Act shall be effective upon a specific appropriation by the General Assembly or outside funding source.

Approved July 10, 2006