Bill Text: CA AB2298 | 2009-2010 | Regular Session | Amended
Bill Title: Education: physical education.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-08-12 - In committee: Held under submission. [AB2298 Detail]
Download: California-2009-AB2298-Amended.html
BILL NUMBER: AB 2298 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 14, 2010
AMENDED IN ASSEMBLY MAY 28, 2010
AMENDED IN ASSEMBLY APRIL 14, 2010
AMENDED IN ASSEMBLY MARCH 25, 2010
INTRODUCED BY Assembly Member Torlakson
FEBRUARY 18, 2010
An act to amend Sections 33350, 51210.1, 51210.2, and
51225.3 and 51210.2 of, and to add Section
51220.7 to, the Education Code, relating to physical education.
LEGISLATIVE COUNSEL'S DIGEST
AB 2298, as amended, Torlakson. Education: physical education.
(1) Existing law requires the State Department of Education to
adopt rules and regulations that it deems necessary and proper to
secure the establishment of courses in physical education in the
elementary and secondary schools. The department must compile or
cause to be compiled and printed a manual in physical education for
distribution to teachers in the public schools. The department must
also encourage school districts offering instruction in kindergarten
and any of grades 1 to 12, inclusive, to the extent that resources
are available, to provide quality physical education, as specified.
This bill would require the department to periodically update the
rules and regulations relating to physical education consistent with
the Education Code and content standards developed by the State Board
of Education. The bill would specify that the physical education
manual that must be distributed to teachers in the public schools be
consistent with the requirements for physical education outlined in
the Education Code and the content standards adopted by the state
board.
(2) Existing law contains specified legislative findings and
declarations relating to the importance of physical education in
public schools.
This bill would modify those findings and declarations to
emphasize the importance of the Physical Education Model Content
Standards for California Public Schools and the Physical Education
Framework, adopted by the state board, to the physical education
program in the public schools , as specified .
(3) Existing law requires that the adopted course of study for
grades 7 to 12, inclusive, shall include courses in physical
education, with emphasis given to physical activities that are
conducive to health and to vigor of body and mind, as specified.
This bill would require that courses of physical education provide
each pupil with instruction and assessment of their learning
consistent with the physical education model content standards, as
specified.
Because this provision would increase the duties of local
educational agencies, it would create a state-mandated local program.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 33350 of the Education Code is amended to read:
33350. The department shall do all of the following:
(a) Adopt and periodically update rules and regulations that it
deems necessary and proper to secure the establishment of courses in
physical education in the elementary and secondary schools consistent
with this code and the content standards adopted by the state board.
(b) Compile or cause to be compiled and printed a manual in
physical education for distribution to teachers in the public schools
of the state that is consistent with the requirements for physical
education outlined in this code and the content standards adopted by
the state board.
(c) Encourage school districts offering instruction in
kindergarten and any of grades 1 to 12, inclusive, to the extent that
resources are available, to provide quality physical education that
develops the knowledge, attitudes, skills, behavior, and motivation
needed to be physically active and fit for life; to provide daily
recess periods for elementary school pupils, featuring time for
unstructured but supervised play; to provide extracurricular physical
activity and fitness programs and physical activity and fitness
clubs; and to encourage the use of school facilities for physical
activity and fitness programs offered by the school, public park and
recreation districts, or community-based organizations outside of
school hours.
SEC. 2. Section 51210.1 of the Education Code is amended to read:
51210.1. (a) (1) The Legislature finds and declares all of the
following:
(A) This code currently mandates a minimum of 200 minutes of
physical education instruction every 10 schooldays for pupils in
elementary school. Recent studies have shown that the vast majority
of children and youth are not physically active enough to achieve and
maintain measures of physical fitness that support superior academic
achievement and good health.
(B) According to a March 1997 report by the Centers for Disease
Control, the percentage of children and adolescents who are
overweight has more than doubled in the last 30 years. Most of this
increase occurred within the last 10 years.
(C) Nearly 40 percent of children of ages five to eight years have
health conditions that significantly increase their risk of early
heart disease.
(D) Some 70 percent of girls and 40 percent of boys who are from 6
to 12 years of age do not have enough muscle strength to do more
than one pullup.
(E) Most children lead inactive lives. On the average, first
through fourth graders spend two hours watching television on
schooldays and spend close to three and one-half hours watching
television on weekend days.
(2) It is, therefore, the intent of the Legislature that all
children shall have access to a high-quality, comprehensive, and
developmentally appropriate physical education as outlined in this
code, the Physical Education Model Content Standards for California
Public Schools, and the Physical Education Framework for California
Public Schools.
(b) (1) Each school district selected by the Superintendent
pursuant to paragraph (2) shall report to the Superintendent in the
Coordinated Compliance Review as to the extent of its compliance with
subdivision (g) of Section 51210 for grades 1 to 6, inclusive,
during that school year.
(2) The Superintendent shall select not less than 10 percent of
the school districts of the state to report compliance with the
provisions set forth in paragraph (1). The school districts selected
shall provide a random and accurate sampling of the state as a whole.
(c) For purposes of determining compliance with paragraphs (1) and
(2) of subdivision (b), the Superintendent shall not count the time
spent in recesses and the lunch period.
(d) A school district that fails to comply with the existing
statutory requirements shall issue a corrective action plan to the
department in accordance with the coordinated compliance review
process.
(e) This section does not apply to high schools.
SEC. 3. Section 51210.2 of the Education Code is amended to read:
51210.2. (a) The Legislature hereby finds and declares that the
physical fitness and motor development of children in the public
elementary schools is of equal importance to that of other elements
of the curriculum.
(b) It is, therefore, the intent of the Legislature to encourage
each school district maintaining an elementary school composed of any
of grades 1 to 6, inclusive, to do one of the following:
(1) Employ a credentialed physical education teacher to provide
instruction in physical education for each class of grades 1 to 6,
inclusive, within any elementary school in the district for a total
period of time of not less than 200 minutes each 10 schooldays,
exclusive of recesses and the lunch period.
(2) Provide each teacher providing instruction in physical
education to any of grades 1 to 6, inclusive, within any elementary
school in the district with periodic professional
development in the content, instruction, and assessment of pupil
learning in physical education, as set forth in the Physical
Education Model Content Standards for California Public Schools and
the Physical Education Framework adopted by the state board.
Priority for professional development should be given to teachers who
have not completed at least one college-level course in elementary
physical education.
SEC. 4. Section 51220.7 is added to the Education Code, to read:
51220.7. Instruction required by subdivision (d) of Section 51220
in courses of physical education shall provide pupils with
instruction and assessment consistent with the physical education
model content standards adopted by the state board.
SEC. 5. Section 51225.3 of the Education Code
is amended to read:
51225.3. (a) A pupil shall complete all of the following while in
grades 9 to 12, inclusive, in order to receive a diploma of
graduation from high school:
(1) At least the following numbers of courses in the subjects
specified, each course having a duration of one year, unless
otherwise specified:
(A) Three courses in English.
(B) Two courses in mathematics.
(C) Two courses in science, including biological and physical
sciences.
(D) Three courses in social studies, including United States
history and geography; world history, culture, and geography; a
one-semester course in American government and civics; and a
one-semester course in economics.
(E) One course in visual or performing arts or foreign language.
For the purposes of satisfying the requirement specified in this
subparagraph, a course in American Sign Language shall be deemed a
course in foreign language.
(F) Two courses in physical education.
(2) Other coursework requirements adopted by the governing board
of the school district.
(b) (1) The governing board, with the active involvement of
parents, administrators, teachers, and pupils, shall adopt
alternative means for pupils to complete the prescribed course of
study that may include practical demonstration of skills and
competencies, supervised work experience or other outside school
experience, career technical education classes offered in high
schools, courses offered by regional occupational centers or
programs, interdisciplinary study, independent study, and credit
earned at a postsecondary institution.
(2) Requirements for graduation and specified alternative modes
for completing the prescribed course of study shall be made available
to pupils, parents, and the public.
(c) Notwithstanding any other provision of law, a school district
shall exempt a pupil in foster care from all coursework and other
requirements adopted by the governing board of the district that are
in addition to the statewide coursework requirements specified in
this section if the pupil, while he or she is in grade 11 or 12,
transfers into the district from another school district or between
high schools within the district, unless the district makes a finding
that the pupil is reasonably able to complete the additional
requirements in time to graduate from high school while he or she
remains eligible for foster care benefits pursuant to state law. A
school district shall notify a pupil in foster care who is granted an
exemption pursuant to this subdivision, and, as appropriate, the
person holding the right to make educational decisions for the pupil,
if any of the requirements that are waived will affect the pupil's
ability to gain admission to a postsecondary educational institution
and shall provide information about transfer opportunities available
through the California Community Colleges.
SEC. 6. SEC. 5. If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.
