HOUSE FLOOR SUBSTITUTE FOR

HOUSE BILL 62

47th legislature - STATE OF NEW MEXICO - first session, 2005

AN ACT

RELATING TO PUBLIC SCHOOLS; PROVIDING FOR A ONE-YEAR PHYSICAL EDUCATION PROGRAM IN GRADES KINDERGARTEN THROUGH SIX.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. TEMPORARY PROVISION--ELEMENTARY PHYSICAL EDUCATION.--

          A. The "elementary physical education program" is created as a one-year program to provide students in kindergarten through grade six with physical education programs that align with physical education content and performance standards.

          B. To be eligible for funding, public schools shall submit to the public education department an elementary physical education program plan that meets content and performance standards and other guidelines of the department. At a minimum, the plan shall include the elementary physical education courses being taught and an evaluation component. To be eligible for state financial support, an elementary physical education program shall:

                (1) provide for the physical education needs of students most in need as provided in Subsection C of this section; and

                (2) use teachers with a license endorsement for physical education.

          C. The public education department shall approve only those plans that meet the criteria in Subsection B of this section and that are submitted by public schools that have available space and that serve the highest proportion of students most in need based upon the district's at-risk index or that are grade-level schools that serve an entire school district.

          D. In approving public school elementary physical education program plans for funding, the public education department may not exceed the amount appropriated by the legislature.

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