In 2009, Governor Jindal signed Act 256 into law which created the Physical Fitness Assessment to determine the fitness levels of our children. The Act authorizes the state to assess our children based on aerobic capacity, body composition as well as muscular strength, endurance and flexibility. The Act designates the Picard Center as "the collection and data analysis center for health-related physical fitness assessments of Louisiana’s children." Of course, the Act says absolutely NOTHING about obtaining authorization from the parents of the children.
In 2014, the Louisiana Legislature passed Act 837 which states:
"C.(1) Notwithstanding any provision of this Subpart or any other law to the contrary, no official or employee of a city, parish, or other local public school system shall require the collection of any of the following student information unless voluntarily disclosed by the parent or legal guardian:
...(i) Biometric information."
This new Act makes the collecting of any of our children's physical information by the districts illegal, unless, YOU, the parents, voluntarily GIVE this information to the districts or the schools.
Well, apparently, Governor Jindal and Rep. Cameron Henry felt that they could authorize the collection of this data again with the passage of Act 384 in the 2015 session. This Act states that content standards and assessments adopted by the state "shall not include content or questions to measure noncognitive, emotional, physical, or psychological characteristics, attributes, or skills of students."
SOUND GOOD, SO FAR??? We thought it sounded GREAT!!
Unfortunately, we must report that the House committee (with Rep. Henry's & Gov. Jindal's blessings) amended the bill with this:
"(2) The provisions of Paragraph (1) of this Subsection shall not apply to the following:
(a) Instruction and assessments conducted in physical education classes."
So, basically, if Governor Jindal and Rep. Henry could have their way, our children would be fair game in P.E. class.
Unfortunately for them, Act 837 is still in effect. So, if the districts are still assessing your child physically and doing so without your permission, this part of Act 837 still applies:
"G. Except as provided in Paragraph (F)(4) of this Section, a person who violates any provision of this Section shall be punished by imprisonment for not more than six months or by a fine of not more than ten thousand dollars. "
Perhaps you should call your district and ask if they participate in Louisiana's Fitness Assessment. If so, you may want to contact your District Attorney.
In 2014, the Louisiana Legislature passed Act 837 which states:
"C.(1) Notwithstanding any provision of this Subpart or any other law to the contrary, no official or employee of a city, parish, or other local public school system shall require the collection of any of the following student information unless voluntarily disclosed by the parent or legal guardian:
...(i) Biometric information."
This new Act makes the collecting of any of our children's physical information by the districts illegal, unless, YOU, the parents, voluntarily GIVE this information to the districts or the schools.
Well, apparently, Governor Jindal and Rep. Cameron Henry felt that they could authorize the collection of this data again with the passage of Act 384 in the 2015 session. This Act states that content standards and assessments adopted by the state "shall not include content or questions to measure noncognitive, emotional, physical, or psychological characteristics, attributes, or skills of students."
SOUND GOOD, SO FAR??? We thought it sounded GREAT!!
Unfortunately, we must report that the House committee (with Rep. Henry's & Gov. Jindal's blessings) amended the bill with this:
"(2) The provisions of Paragraph (1) of this Subsection shall not apply to the following:
(a) Instruction and assessments conducted in physical education classes."
So, basically, if Governor Jindal and Rep. Henry could have their way, our children would be fair game in P.E. class.
Unfortunately for them, Act 837 is still in effect. So, if the districts are still assessing your child physically and doing so without your permission, this part of Act 837 still applies:
"G. Except as provided in Paragraph (F)(4) of this Section, a person who violates any provision of this Section shall be punished by imprisonment for not more than six months or by a fine of not more than ten thousand dollars. "
Perhaps you should call your district and ask if they participate in Louisiana's Fitness Assessment. If so, you may want to contact your District Attorney.