Senate Bill 891, creating a standard definition of physical education used by the National Association of State Boards of Education that will apply to all public school physical education curricula, was signed into law in June of 2009. This legislation requires that, on a weekly basis, at least 50 percent of the physical education class be used for actual student physical activity and that the activity be, to the extent practicable, at a moderate or vigorous level.

Any course or activity that substitutes for physical activity or physical education, such as movement in elementary music class, or marching band, must meet the 50 percent movement requirement.