A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-10-10, RELATING TO STANDARDS FOR PHYSICAL ACTIVITY AND PHYSICAL EDUCATION IN KINDERGARTEN THROUGH EIGHTH GRADE, SO AS TO REQUIRE CERTAIN MANDATORY MINIMUM PERIODS FOR PHYSICAL EDUCATION AND RECESS IN four-year old KINDERGARTEN THROUGH EIGHTH GRADE EACH YEAR IN ADDITION TO OTHER CURRICULUM REQUIREMENTS, AND TO PROVIDE RECESS PERIODS MUST BE HELD INDOORS DURING TIMES OF INCLEMENT WEATHER; TO REDESIGNATE ARTICLE 1 OF CHAPTER 10, TITLE 59 AS "PHYSICAL EDUCATION AND ACTIVITY"; TO PROVIDE THE STATE BOARD OF EDUCATION AND STATE DEPARTMENT OF EDUCATION SHALL TAKE CERTAIN MEASURES TO CONFORM THEIR RESPECTIVE REGULATIONS AND RULES TO THE PROVISIONS OF THIS ACT; AND TO CLARIFY THAT THE PROVISIONS OF THIS ACT PREVAIL TO THE EXTENT THEY CONFLICT WITH ANY SUCH REGULATIONS AND RULES.

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

SECTION 1.  Section 59-10-10(A) of the S.C. Code is amended to read:

    (A)(1) The goal of this article is to provide every elementarypublic school student in four-year old kindergarten through eighth grade with the equivalent of thirty minutes of a prescribed amount of time in physical education and/or physical activity daily.

       (2) Beginning in the 2006-07 2024-2025 School Year, students in kindergarten through fifth grade must be provided a minimum of one hundred fifty minutes a week of physical education and physical activity.  In 2006-07, a minimum of sixty minutes a week must be provided in physical education, and as Section 59-10-20 is phased in, the minimum time for physical education must be increased to ninety minutes a weekan hour and thirty minutes of physical education weekly. Students in sixth grade through eighth grade must be provided a minimum of sixty hours of physical education during each school year. The certified physical education teacher to student ratio is designed to provide students in kindergarten through fifth eighth grade with scheduled physical education either every day or on alternate days throughout the school year and must be based on the South Carolina Physical Education Curriculum Standards. The student to teacher ratio in a physical education class may not exceed the average student to teacher ratio of 28 to 1 for grades 4K-5. For grades 6-8, the student to teacher ratio in a physical education class may not exceed the average student to teacher ratio of 40 to 1 and the physical education teacher load may not exceed 240 students per day. An individual student's fitness status must be reported to his parent or guardian during a student's fifth grade, eighth grade, and high school physical education courses.  The physical activity must be planned and coordinated by the certified/licensed Physical Education Activity Director pursuant to Section 59-10-30.

       (3) Every student in four year old kindergarten through eighth grade must be provided a minimum of twenty minutes of outdoor recess, such as unstructured, self-directed physical activity outdoors, daily, and in addition to the time required to meet existing physical education standards of this title and other academic curriculum requirements.

       (4) In the event of inclement weather, the school shall hold recess period indoors as conducive to allowing unstructured, self-directed physical activity as practical. Recess periods may not be used to fulfill any curriculum or physical education requirements and cannot be removed as a form of punishment to an individual or group.

SECTION 2.  Article 1, Chapter 10, Title 59 of the S.C. Code is redesignated "Physical Education and Activity".

SECTION 3.  The State Board of Education and State Department of Education shall promulgate revisions to their respective regulations and adopt revisions to their respective rules so as to make them consistent with the provisions of this act. To the extent a provision of this act conflicts with a regulation of rule of the State Board of Education or the State Department of Education, the provisions of this act prevail.

SECTION 4.  This act takes effect upon approval by the Governor.

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