LFC Requester:
/Gudgel, LFC
AGENCY BILL ANALYSIS
2014 REGULAR SESSION
WITHIN 24 HOURS OF BILL POSTING, EMAIL ANALYSIS TO:
and
{Include the bill no. in the email subject line, e.g., HB2, and only attach one bill analysis and related documentation per email message}
SECTION I: GENERAL INFORMATION
{Indicate if analysis is on an original bill, amendment, substitute or a correction of a previous bill}
Check all that apply: / Date Prepared: / 1/21/2014Original / X / Amendment / Bill No: / SJM10
Correction / Substitute
Sponsor: / Sen. Jacob R. Candelaria / Reviewing Agency: / Aguilar
Short Title: / Assess Role of School P.E. in Child Obesity / Person Writing fsdfs_____Analysis: / Dean Hopper
Phone: / 827-6519 / Email: /
SECTION II: FISCAL IMPACT
APPROPRIATION (dollars in thousands)
Appropriation / Recurringor Nonrecurring / Fund
Affected
FY14 / FY15
None Noted
(Parenthesis ( ) Indicate Expenditure Decreases)
SECTION III: NARRATIVE
BILL SUMMARY
Synopsis: SJM10 establishes a broad stakeholder task force to evaluate the feasibility of requiring 150 minutes of physical education (PE) per school week, per year, for all children in public elementary schools by licensed physical education instructors. The task force would 1) review PE programs established in the 24 states that mandate weekly multiple hours of PE in elementary schools; and 2) develop a plan for funding and implementation of weekly multi-hour mandatory PE in elementary schools at start of 2015-2016 school year.
FISCAL IMPLICATIONS
The fiscal implications of establishing a task force are non-existent to the Public Education Department (PED) since the PED is not identified as participating in the task force. However, the fiscal implications for the PED and public schools and state charters could be significant in FY16 as SJM10 requires the task force to develop a plan for funding and implementing weekly multi-hour mandatory physical education in elementary schools at the start of the 2015-2016 school year.
Currently, approximately $16 million is contained in the state equalization guarantee base for elementary physical education programs in New Mexico. It is generally agreed among stakeholders that this represents about 50 percent of the amount needed to fully fund an elementary physical education program in all elementary schools across the state.
SIGNIFICANT ISSUES
Proposed task force representation would include representatives from elementary schools; NM Association for health, physical education, recreation, and dance; NM athletic association directors association; experts in exercise physiology; health professionals; and members of the legislative education study committee.
Results from the 2011 New Mexico Youth Risk and Resiliency Survey (NMYRRS) show that 25.6% of middle school students statewide describe themselves as overweight but 44.9% were trying to lose weight; 49.8% were physically active five or more days of the past week, 31.7 were physically active every day of the past week, and 17.4% were physically active on no days of the past week; and 57.9% attended a physical education class at school one day per week, while 30.4% attend daily physical education class at school.
When children and adolescents participate in at least sixty minutes of physical activity each day, multiple health benefits can be seen. Regular physical activity builds healthy bones and muscles, improves muscular strength and endurance, reduces the risk for developing chronic risk factors, improves self esteem, and reduces stress and anxiety. (Centers for Disease Control and Prevention. The Association Between School Based Physical Activity, Including Physical Education, and Academic Performance. Atlanta, GA: US Department of Health and Human Services, 2010.)
Physical Education in New Mexico is a required, instructional program, K-12, for all students (22-13-1 and 22-13-1.1 NMSA 1978). Written curriculum/programs must be aligned with the PED Physical Education Content Standards with Benchmarks and Performance Standards (6.29.9 NMAC). While PE may be integrated at the middle and elementary school level, a 1-credit graduation requirement PE course to be taken by all students in grades 9-12. However, NMAC 6.29.1.11, subsection B., paragraphs 3 and 4, requires instruction in the area of physical education but does not specify the amount of time or the qualifications of the instructor.
Currently, elementary PE can be taught by an elementary education teacher to his/her self- contained classroom of students; or, a school may hire a teacher who is endorsed/licensed in Physical Education to teach Physical Education to all of the students at the school. The charge of this task force would include developing a plan for the funding and implementation of weekly multi-hour mandatory physical education in the elementary schools taught by licensed physical education instructors.
The task force would need to consider the length of the school day and year in relation to the implementation of one hundred fifty minutes of required physical education instruction per week as PED rule requires five and one-half hours of school-directed programs, exclusive of lunch, per day.
PERFORMANCE IMPLICATIONS
SJM10 supports the PED’s strategic lever ensuring students are healthy and ready for success.
ADMINISTRATIVE IMPLICATIONS
None for PED in relation to the charge of the task force. However, were the task force to identify funding and develop a plan for the implementation of physical education in elementary schools at the start of the 2015-2016 school year, NMAC rule would need to be changed to reflect the time allotment, the licensing requirement, and the length of the school day. Additionally, the legislature would need to determine the placement of funding and its allocation.
WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL
Elementary physical education programs will continue to be partially funded through the state equalization guarantee base. Elementary physical education programs would remain partially funded, privately funded (fundraisers), integrated in a self-contained classroom or not offered.