Legislative Update

Legislative Update
Dr. Diane Smith

Advocacy Report submitted by, Diane M. Smith
October 8, 2011

The Joint Committee on Education conducted a hearing for S 216 filed by Senator McGee. The bill included a section to update the language of Chap 71 Section 3. Two panels from MAHPERD attended the hearing to testify concerning Section 1 of the bill.

Physical education shall be taught as a required subject in all grades for all students in the public schools, by licensed teachers, certified in physical education. The purpose of physical education shall be to increase the physical competence, health-related fitness and enjoyment of physical activity so as to benefit children physically, cognitively, emotionally, and socially. In addition, there shall be no substitution or waivers of instruction or activities for Physical Education; and physical education coursework standards shall be based on the National Association for Sport & Physical Education (NASPE) national standards for Physical Education including program and student assessment.

Professor Sam Baumgartner, Bridgewater State College, and Dr. Ann Marie Gallo, Salem State College,, testified concerning the importance of our children being taught by licensed teachers certified in physical education. The testimony included the coursework, pre practicum and internship experiences for physical education majors. The concern of teachers just taking MTEL and not completing a majors program was included in their testimony.

Megan Wolfe, J.D. NASPE Government Relations was unable to attend the hearing, but Dr, Diane Smith read the testify testimony submitted by NASPE. the NASPE frameworks and how other states have used them to revise/write their frameworks and guidelines. I am still waiting for a reply from Bob McGowan as to whether he can testify about the revision of the Massachusetts Comprehensive Health Frameworks. Gary Nihan was not available.

Maria Melchionda organized the third panel to discuss there shall be no substitution or waivers of instruction or activities for Physical Education; The panel includes Cate Dill, Sheryl Hall, Chris Belmont and herself. Testimony will include the differences between Physical Education and Athletics and the components of a quality Physical Education program.

I have communicated with Alyson Peron, AHA, and she has organized a panel with a pediatrician representing Act Fresh, Pat Degon, Director of Health and Physical Education, Shrewsbury Public Schools, and a doctor from the Diabetes Association.

I also spoke with Malka Jampol a legislative aide, Committee on Education on the House side to discuss scheduling of the panels and the agenda for the September 20 hearing. She will send along a copy of the agenda for Sept.20, and stated that the second, third and fourth bills on the agenda are the bills concerning Physical Education.

All members of the board and community are welcome to attend. I would like to include parents and students to testify as well.

Take Action NOW!

The hearing for S 216 An Act to Improve Quality Physical Education filed by Senator Magee will be held on September 20, 2011, at 10:00 AM in Hearing Room A2 at the Massachusetts State House http://www.malegislature.gov/Bills/187/Senate/S00216 . You have the opportunity to have your voice heard. The Joint Committee on Education allows each person 3 minutes to testify. They request a written version of your testimony and any supporting documentation. When the committee receives a lot of correspondence, whether it is letters, emails or phone calls, concerning a bill they generally will move in favor of the bill.

Call or write your legislator http://www.malegislature.gov/ now to ask their support of Senate 216.
Sign up to testify on September 20, 2011
Submit written testimony to the Joint Committee on Education http://www.malegislature.gov/Committees/Joint
Send supporting document to the Joint committee on Education
Attend the hearing to support those testifying
Ask parents, and students to testify in favor of the bill
Review all the bills scheduled for the hearing on that day concerning Health http://www.malegislature.gov/Events/EventDetail?eventId=129&eventDataSource=Hearings

SENATE . . . . . . . . . . . . . . No. 00216

By Mr. McGee, petition (accompanied by bill, Senate, No. 216) of Story, Spilka, Sciortino and other members of the General Court for legislation to improve quality physical education [Joint Committee on Education].

An Act to improve quality physical education..
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 71 of the General Laws is hereby amended by striking out section 3, as so appearing, and inserting in place t hereof the following section:-
Physical education shall be taught as a required subject in all grades for all students in the public schools, by licensed teachers, certified in physical education. The purpose of physical education shall be to increase the physical competence, health-related fitness and enjoyment of physical activity so as to benefit children physically, cognitively, emotionally, and socially. In addition, there shall be no substitution or waivers of instruction or activities for Physical Education; and physical education coursework standards shall be based on the National Association for Sport & Physical Education (NASPE) national standards for Physical Education including program and student assessment.

SECTION 2. The Commissioner of Elementary and Secondary Education, in conjunction with the Commissioner of Public Health, shall conduct an evaluation of current physical education standards, practices and the instruction provided to students in grades kindergarten through twelve and report their findings for each individual school. The report shall include, but not be limited to, (a) the current school physical education offerings with specifics in regards to the duration of each individual session and the number of days per week that the class meets per year and (b) report on how each individual school is providing a curriculum based quality physical education to achieve physical fitness, (c) the amount of recess student participate in each week, including the time and space allotted to recess in each school.

The Commissioner of Elementary and Secondary Education shall convey the findings for each individual school and report it to the to the Governor of the Commonwealth, the Senate President, the Speaker of the House, Chairpersons of the Joint Education Committee, and Chairpersons of the Joint Public Health Committee. The Commissioner of Elementary and Secondary Education shall make appropriate recommendations based on the findings in conjunction with the Commission on School Nutrition and Childhood Obesity established under Chapter 197 of the Acts of 2010.

SECTION 3. Within the Department of Elementary and Secondary Education a designated full time equivalent staff person shall be determined to serve as a physical education coordinator for the state. This such person shall, but not be limited to, gathering information on best practices of quality physical education and physical activity programs throughout the Commonwealth, developing and providing a comprehensive framework and technical assistance to schools in implementing quality physical education programs, identifying resources to implement quality physical education programs and evaluating effectiveness of physical education programs.