Section 1. Purpose. 

A. The legislature hereby finds that: 

• (a) Obesity is a significant problem in this state; 
• (b) There is increasing evidence that all segments of the population, beginning with children, are becoming more sedentary, more overweight, and more likely to develop health risks and diseases, including Type II Diabetes, high blood cholesterol, and high blood pressure; and 
• (c) The promotion of physical activity during the school day for school children is a crucial step in combating this growing epidemic and in changing the attitudes and behavior of the residents of this state toward health-promoting physical activity. 

Section 2. Heart Health Program. 

A. The [insert state education department/agency] shall require that each child enrolled in the public schools of this state actively participate in nutrition and aerobic exercise classes during the instructional term. The program required by this section shall: 

• (a) Include evidence-based instruction for both teachers and students on proper nutrition and aerobic exercise that includes, but is not limited to: teaching about nutrients, how to read nutrition fact labels, and how nutrition and regular aerobic exercise improve heart health to prevent hypertension, obesity, diabetes, and heart disease; 
• (b) Be aligned to state health standards; 
• (c) Provide a passing or failing grade to each student upon completion of the program; 
• (d) Be selected from nationally accepted nutrition and aerobic exercise programs designed for school-aged children that tests nutrition knowledge, cardiovascular fitness, muscular strength, and endurance; 
• (e) Include testing of blood pressure and resting heart rate, which are widely considered the “gold standard” of health testing, in accordance with the following requirements: 
  • (i) Data on blood pressure and resting heart rate shall be collected using appropriate methodologies; 
  • (ii) Data on blood pressure and resting heart rate shall be collected from a scientifically drawn sample of students;  
  • (iii) Data on blood pressure and resting heart rate shall be collected and reported in a manner that protects student privacy and confidentiality; and 
  • (iv) Data on blood pressure and resting heart rate shall be reported to the [insert state education or health department/agency];   
• (f) Include modified tests for exceptional students; 
• (g) Include the provision of all public-school teachers with complete access to turnkey, evidence-based nutrition and aerobic exercise education to implement in the classroom, during school, after school, and/or at home with family. The nutrition and aerobic exercise education required by this subdivision may be in the form of a book, DVD, CD, online, or another form of technology; 
• (h) Allow time during the school day for the classroom, physical education, and/or health education teaching personnel to provide students with up to 20 minutes of structured exercise three days per week pursuant to the physical activity requirements in [insert statutory or regulatory citation]; 
• (i) Allow time during the school day for the classroom, physical education, and/or health education teaching personnel to provide students with nutrient education pursuant to [insert state education department/agency] policy; and 
• (j) Allow time during the school day for the classroom, physical, and/or health education teaching personnel to provide both students and the teacher with time to fill out a daily journal to track information relating to any of the following: Food, nutrient, exercise, and physical activity. The nutrient information may include information such as the amounts of water, carbohydrates, protein, fat, minerals, and vitamins consumed;  

B. A public school district may issue a request for proposals to contract with qualified service providers on a per-student rate to provide evidence-based nutrition and aerobic exercise programs and/or products consisting of nutrition education, aerobic exercise, use of technology, and associated licenses for teachers and students in public school districts provided for under this section. 

Section 3. Data Collection, Privacy, and Confidentiality. 

A. All data collected pursuant to the program required in section 2 is subject to state and federal data privacy laws to protect the privacy and confidentiality of individual students. No data collected pursuant to the program required by section 2 is subject to disclosure under the Freedom of Information Act. 

B. Each public school district shall annually report pre- and post-testing data to the [insert state education department/agency] on the following: 

• (a) Nutrition knowledge; 
• (b) Heart health using the “gold standard” testing measurements of blood pressure and resting heart rate; and 
• (c) Strength endurance using such measures as push-ups and sit-ups. 

C. The pre-testing data required by subsection B of this section shall occur prior to the beginning of the nutrition and aerobic exercise instruction each school year, while the post-testing data required by subsection B of this section shall occur each school year near or after the conclusion of the instruction.