Bill Text: CA AB2705 | 2009-2010 | Regular Session | Amended
Bill Title: Education: physical education.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-28 - In committee: Set, second hearing. Held under submission. [AB2705 Detail]
Download: California-2009-AB2705-Amended.html
BILL NUMBER: AB 2705 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2010
INTRODUCED BY Assembly Member Hall
FEBRUARY 19, 2010
An act to amend Sections 8482.3, 8483.3, 51210, and 51222 of the
Education Code, relating to physical education.
LEGISLATIVE COUNSEL'S DIGEST
AB 2705, as amended, Hall. Education: physical education.
(1) Existing law authorizes specified school districts to enter
into joint use agreements with other public entities for operation of
joint use facilities.
This bill would state the intent of the Legislature to increase
the flexibility of joint use policies and practices that will allow
schools and communities to optimize resources, share costs, and
identify creative solutions to increase access to safe places to play
and exercise.
(2) Existing law establishes the After School Education and Safety
Program to serve pupils in kindergarten and grades 1 to 9,
inclusive, at participating public elementary, middle, junior high,
and charter schools. Each component of a program shall consist of 2
specified elements.
This bill would require that each component of the
program contain a 3rd element of physical fitness, which will include
at least 30 minutes of moderate to vigorous physical activity, as
specified, commencing on January 1, 2013 ,
by the start of the 2013 - 14 school year, a
n additional physical fitness element that
includes at least 30 minutes per day of moderate to vigorous physical
activity as specified .
Because this bill would require participating schools to conduct a
new program, it would constitute a state mandated local program.
(3) Existing law provides that the department shall select
applicants to participate in the program from among applicants who
apply on forms and in a manner prescribed by the department. The
application submitted shall certify that specified content, including
opportunities for physical activity, is a part of the program.
This bill would require that the physical activity
opportunity include at least 30 minutes of moderate to vigorous
physical activity, as specified, commencing on January 1, 2013
opportunities for physical fitness to include at least
30 minutes per day of moderate to vigorous physical
activity, as defined in the P hysical
E ducation Model Content St
andards and Physical Education Fr amework as
specified, commencing by the start of the 2013
- 14 school year .
(4) Existing law requires that the adopted course of study for
grades 1 to 6, inclusive, include instruction, in specified areas of
study, including physical education.
This bill would require that, by January 1, 2013
the start of the 2013 - 14
school year , at least 50% of the time spent in physical
education be spent in moderate to vigorous physical activity within
the context of the physical education content standards and framework
as adopted by the State Board of Education.
Existing law requires that all pupils, except pupils excused or
exempted as specified, attend courses of physical education for a
total period of time of not less than 400 minutes each 10 schooldays.
This bill would require that, by January 1, 2013
the start of the 2013 - 14 school year
, at least 50% of the time spent in physical education be spent
in moderate to vigorous physical activity within the context of the
physical education content standards and framework as adopted by the
State Board of Education.
(5) 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. It is the intent of the Legislature to increase the
flexibility of joint use policies and practices that will allow
schools and communities to optimize resources, share costs, and
identify creative solutions to increase access to safe places to play
and exercise.
SEC. 2. Section 8482.3 of the Education Code is amended to read:
8482.3. (a) The After School Education and Safety Program shall
be established to serve pupils in kindergarten and grades 1 to 9,
inclusive, at participating public elementary, middle, junior high,
and charter schools.
(b) A program may operate a before school component of a program,
an after school component, or both the before and after school
components of a program, on one or multiple schoolsites. If a program
operates at multiple schoolsites, only one application shall be
required for its establishment.
(c) Each component of a program established pursuant to this
article shall consist of the following three elements:
(1) An educational and literacy element in which tutoring or
homework assistance is provided in one or more of the following
areas: language arts, mathematics, history and social science,
computer training, or science.
(2) An educational enrichment element, that may include, but need
not be limited to, fine arts, career technical education, recreation,
physical fitness, and prevention activities.
(3) Physical fitness that will include at least 30 minutes of
moderate to vigorous physical activity utilizing the California After
School Physical Activity Guidelines commencing on January 1, 2013.
(3) (A) By the start of the 2013-14 school year, a physical
fitness element that will include at least 30 minutes per day of
moderate to vigorous physical activity as defined in the Physical
Education Model Content Standards and Physical Education Framework as
adopted by the State Board of Education. A program may utilize the
California After School Physical Activity Guidelines developed
pursuant to Section 8484.8 to design the physical fitness element
pursuant to this section.
(B) A program shall not be required to report to the department
each pupil's participation in physical fitness.
(4) Notwithstanding any other provision of this article, the
majority of the time spent by a pupil who is in kindergarten or any
of grades 1 to 9, inclusive, and who is participating in a career
technical education element of a program established pursuant to this
article shall be at a site that complies with Section 8484.6.
(d) Applicants shall agree that snacks made available through a
program shall conform to the nutrition standards in Article 2.5
(commencing with Section 49430) of Chapter 9 of Part 27.
(e) Applicants for programs established pursuant to this article
may include any of the following:
(1) A local educational agency, including, but not limited to, a
charter school, the California School for the Deaf (northern
California), the California School for the Deaf (southern
California), and the California School for the Blind.
(2) A city, county, or nonprofit organization in partnership with,
and with the approval of, a local educational agency or agencies.
(f) Applicants for grants pursuant to this article shall ensure
that each of the following requirements is fulfilled, if applicable:
(1) The application documents the commitments of each partner to
operate a program on that site or sites.
(2) The application has been approved by the school district, or
the charter school governing board, and the principal of each
participating school for each schoolsite or other site.
(3) Each partner in the application agrees to share responsibility
for the quality of the program.
(4) The application designates the public agency or local
educational agency partner to act as the fiscal agent. For purposes
of this section, "public agency" means only a county board of
supervisors or if the city is incorporated or has a charter, a city
council.
(5) Applicants agree to follow all fiscal reporting and auditing
standards required by the department.
(6) Applicants agree to incorporate into the program both of the
elements required pursuant to subdivision (c).
(7) Applicants agree to provide information to the department for
the purpose of program evaluation pursuant to Section 8483.55.
(8) Applicants shall certify that program evaluations will be
based upon Section 8484 and upon any requirements recommended by the
Advisory Committee on Before and After School Programs and adopted by
the state board, in compliance with subdivision (g) of Section
8482.4.
(9) The application states the targeted number of pupils to be
served by the program.
(10) Applicants agree to provide the following information on
participating pupils to the department:
(A) Schoolday attendance rates.
(B) Pupil test scores from the Standardized Testing and Reporting
Program established under Section 60640, reflecting achievement in
the areas addressed by required program elements, if assessments have
been established in that area.
(C) Program attendance.
(g) (1) Grantees shall review their after school program plans
every three years including, but not limited to, all of the
following:
(A) Program goals. A grantee may specify any new program goals
that will apply to the following three years during the grant renewal
process.
(B) Program content, including the elements identified in
subdivision (c).
(C) Outcome measures selected from those identified in subdivision
(a) of Section 8484 that the grantee will use for the next three
years.
(D) Any other information requested by the department.
(E) If the program goals or outcome measures change as a result of
this review, the grantee shall notify the department in a manner
prescribed by the department.
(F) The grantee shall maintain documentation of the after school
program plan for a minimum of five years.
(2) The department shall monitor this review as part of its onsite
monitoring process.
SEC. 3. Section 8483.3 of the Education Code, as amended by
Section 18 of Chapter 380 of the Statutes of 2006, is amended to
read:
8483.3. (a) The department shall select applicants to participate
in the program established pursuant to this article from among
applicants that apply on forms and in a manner prescribed by the
department. It is the intent of the Legislature that the manner
prescribed by the department, to the extent possible, allow for short
and concise applicant responses. To the extent possible, the
selection of applicants by the department shall result in an
equitable distribution of grant awards pursuant to Section 8483.7 to
applicants in northern, southern, and central California, and in
urban, suburban, and rural areas of California.
(b) The department shall consider the following in selecting
schools to participate in the program established pursuant to this
article:
(1) Percentage of pupils eligible for free and reduced lunch.
(2) Other indicators of need for the program, including, but not
limited to, socioeconomic status of the neighborhoods in which
participating pupils reside, the percentage of English language
learners at the school, and the availability of programs in the
community in which participating pupils reside.
(c) The application shall certify all of the following:
(1) Inclusion of an educational element.
(2) Inclusion of an enrichment element. These opportunities may
include arts, career technical education, recreation, technology, and
other activities to support positive youth development.
(3) That the program will provide a safe physical and emotional
environment and opportunities for relationship building, and promote
active pupil engagement.
(4) Staff training and development will be provided.
(5) Integration with the regular schoolday and other extended
learning opportunities.
(6) Community collaboration, including, but not limited to,
demonstrated support of the schoolsite principal and staff.
(7) Opportunities for physical activity that will include at least
30 minutes of moderate to vigorous physical activity utilizing the
California After School Physical Activity Guidelines commencing on
January 1, 2013.
(7) Opportunities for physical fitness that will include at least
30 minutes per day of moderate to vigorous physical activity, as
defined in the Physical Education Model Content Standards and
Physical Education Framework as adopted by the State Board of
Education, commencing by the start of the 2013-14 school year.
(8) Inclusion of a nutritional snack.
(9) Fiscal accountability.
(10) Availability of required local matching funds.
(11) That the program will meet all of the evaluation
requirements.
(d) Subdivision (b) does not apply to an applicant school that
meets the priority criteria described in subdivision (a) of Section
8482.5.
SEC. 4. Section 51210 of the Education Code is amended to read:
51210. The adopted course of study for grades 1 to 6, inclusive,
shall include instruction, beginning in grade 1 and continuing
through grade 6, in the following areas of study:
(a) English, including knowledge of, and appreciation for
literature and the language, as well as the skills of speaking,
reading, listening, spelling, handwriting, and composition.
(b) Mathematics, including concepts, operational skills, and
problem solving.
(c) Social sciences, drawing upon the disciplines of anthropology,
economics, geography, history, political science, psychology, and
sociology, designed to fit the maturity of the pupils. Instruction
shall provide a foundation for understanding the history, resources,
development, and government of California and the United States of
America; the development of the American economic system including
the role of the entrepreneur and labor; the relations of persons to
their human and natural environment; eastern and western cultures and
civilizations; contemporary issues; and the wise use of natural
resources.
(d) Science, including the biological and physical aspects, with
emphasis on the processes of experimental inquiry and on the place of
humans in ecological systems.
(e) Visual and performing arts, including instruction in the
subjects of dance, music, theatre, and visual arts, aimed at the
development of aesthetic appreciation and the skills of creative
expression.
(f) Health, including instruction in the principles and practices
of individual, family, and community health.
(g) Physical education, with emphasis upon the physical activities
for the pupils that may be conducive to health and vigor of body and
mind, for a total period of time of not less than 200 minutes each
10 schooldays, exclusive of recesses and the lunch period. By
January 1, 2013 the start of the 2013-14
school year , at least 50 percent of the time spent in physical
education shall be spent in moderate to vigorous physical activity
within the context of the physical education content standards and
framework as adopted by the State Board of Education.
(h) Other studies that may be prescribed by the governing board.
SEC. 5. Section 51222 of the Education Code is amended to read:
51222. (a) All pupils, except pupils excused or exempted pursuant
to Section 51241, shall be required to attend the courses of
physical education for a total period of time of not less than 400
minutes each 10 schooldays. By January 1, 2013
the start of the 2013-14 school year , at least 50 percent
of the time spent in physical education shall be spent in moderate
to vigorous physical activity within the context of the physical
education content standards and framework as adopted by the State
Board of Education. Any pupil may be excused from physical education
classes during one of grades 10, 11, or 12 for not to exceed 24 clock
hours in order to participate in automobile driver training. A pupil
who is excused from physical education classes to enroll in driver
training shall attend a minimum of 7,000 minutes of physical
education instruction during the school year.
(b) The governing board of each school district that maintains a
high school and that elects to exempt pupils from required attendance
in physical education courses pursuant to paragraph (1) or (2) or
both of subdivision (b) of Section 51241 shall offer those pupils so
exempted a variety of elective physical education courses of not less
than 400 minutes each 10 schooldays.
SEC. 6. 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.
