114 STAT. 2763A-78 PUBLIC LAW 106-554—APPENDIX A "SEC. 10999E. APPLICATIONS; PROGRAM ELEMENTS. "(a) APPLICATIONS. —Each local educational agency desiring a grant or contract under this part shall submit to the Secretary an application that contains a plan to initiate, expand, or improve physical education programs in the schools served by the agency in order to make progress toward meeting State standards for physical education. " (b) PROGRAM ELEMENTS. —^A physical education program described in any application submitted under subsection (a) may provide— "(1) fitness education and assessment to help children understand, improve, or maintain their physical well-being; "(2) instruction in a variety of motor skills and physical activities designed to enhance the physical, mental, and social or emotional development of every child; "(3) development of cognitive concepts about motor skill and physical fitness that support a lifelong healthy lifestyle; "(4) opportunities to develop positive social and cooperative skills through physical activity participation; "(5) instruction in healthy eating habits and good nutrition; and "(6) teachers of physical education the opportunity for professional development to stay abreast of the latest research, issues, and trends in the field of physical education. "(c) SPECIAL RULE.— For the purpose of this part, extracurricular activities such as team sports and Reserve Officers' Training Corps (ROTC) program activities shall not be considered as part of the curriculum of a physical education program assisted under this part. "SEC. 10999F. PROPORTIONALITY. "The Secretary shall ensure that grants awarded and contracts entered into under this part shall be equitably distributed between local educational agencies serving urban and rural areas, and between local educational agencies serving large and small numbers of students. "SEC. 10999G. PRIVATE SCHOOL STUDENTS AND HOME-SCHOOLED STU- DENTS. "An application for funds under this part may provide for the participation, in the activities funded under this part, of— "(1) home-schooled children, and their parents and teachers; or "(2) children enrolled in private nonprofit elementary schools or secondary schools, and their parents and teachers. "SEC. 10999H. REPORT REQUIRED FOR CONTINUED FUNDING. "As a condition to continue to receive grant or contract funding after the first year of a multiyear grant or contract under this part, the administrator of the grant or contract for the local educational agency shall submit to the Secretary an annual report that describes the activities conducted during the preceding year and demonstrates that progress has been made toward meeting State standards for physical education. "SEC. 109991. REPORT TO CONGRESS. "The Secretary shall submit a report to Congress not later than June 1, 2003, that describes the programs assisted under
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