BILL NUMBER: SB 78 CHAPTERED 09/22/03 CHAPTER 459 FILED WITH SECRETARY OF STATE SEPTEMBER 22, 2003 APPROVED BY GOVERNOR SEPTEMBER 20, 2003 PASSED THE SENATE SEPTEMBER 11, 2003 PASSED THE ASSEMBLY SEPTEMBER 9, 2003 AMENDED IN ASSEMBLY SEPTEMBER 8, 2003 AMENDED IN ASSEMBLY AUGUST 28, 2003 AMENDED IN SENATE APRIL 10, 2003 INTRODUCED BY Senators Torlakson and Ortiz (Principal coauthors: Assembly Members Frommer, Jackson, and Leno) (Coauthor: Senator Karnette) JANUARY 22, 2003 An act to amend Sections 33350 and 60800 of, and to amend, repeal, and add Section 51241 of, the Education Code, relating to physical education. LEGISLATIVE COUNSEL'S DIGEST SB 78, Torlakson. Physical education. (1) Existing law requires the State Department of Education to encourage school districts offering instruction in kindergarten and any of grades 1 to 12, inclusive, among other things, to provide quality physical education that develops the knowledge, attitudes, skills, behavior, and motivation needed to be physically active for life, to provide extracurricular physical activity programs and clubs, and to encourage the use of school facilities for physical activity programs outside of school hours. This bill would additionally require the department to encourage those schools to provide quality physical education that develops the knowledge, attitudes, skills, behavior, and motivation needed to be physically fit for life. The bill would require the department to encourage those schools to provide extracurricular physical fitness programs and clubs, in addition to physical activity programs and clubs, and to encourage the use of school facilities for physical fitness programs, in addition to physical activity programs, outside of school hours. (2) Existing law requires the governing board of each school district maintaining any of grades 5, 7, and 9 to administer to each pupil in those grades a physical performance test designated by the State Board of Education. Existing law requires each pupil to be provided with his or her individual results after completing the physical performance testing. This bill would authorize the test results to be provided orally as the pupil completes the testing. (3) Existing law authorizes the governing board of a school district or the office of the county superintendent of schools of a county, with the consent of a pupil, to grant the pupil exemption from courses in physical education for 2 years any time during grades 10 to 12, inclusive, if the pupil passes the physical performance test. This bill would delay until July 1, 2007, the requirement that a pupil pass the physical performance test as a condition of receiving the exemption. The bill would require the exemption to be implemented in a manner that does not create a new program or impose a higher level of service on a local educational agency. 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 State Department of Education shall do all of the following: (a) 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. (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. (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 51241 of the Education Code is amended to read: 51241. (a) The governing board of a school district or the office of the county superintendent of schools of a county may grant temporary exemption to a pupil from courses in physical education, if the pupil is one of the following: (1) Ill or injured and a modified program to meet the needs of the pupil cannot be provided. (2) Enrolled for one-half, or less, of the work normally required of full-time pupils. (b) The governing board of a school district or the office of the county superintendent of schools of a county may, with the consent of a pupil, grant the pupil exemption from courses in physical education for two years any time during grades 10 to 12, inclusive. (c) The governing board of a school district or the office of the county superintendent of a county may grant permanent exemption from courses in physical education if the pupil complies with any one of the following: (1) Is 16 years of age or older and has been enrolled in the 10th grade for one academic year or longer. (2) Is enrolled as a postgraduate pupil. (3) Is enrolled in a juvenile home, ranch, camp, or forestry camp school where pupils are scheduled for recreation and exercise pursuant to the requirements of Section 4346 of Title 15 of the California Code of Regulations. (d) A pupil exempted under subdivision (b) or paragraph (1) of subdivision (c) may not be permitted to attend fewer total hours of courses and classes if he or she elects not to enroll in a physical education course than he or she would have attended if he or she had elected to enroll in a physical education course. (e) Notwithstanding any other law, the governing board of a school district may administer to pupils in grades 10 to 12, inclusive, the physical performance test required in 9th grade pursuant to Section 60800. (f) This section shall remain in effect only until June 30, 2007, and as of that date is repealed, unless a later enacted statute, that is enacted before June 30, 2007, deletes or extends that date. SEC. 3. Section 51241 is added to the Education Code, to read: 51241. (a) The governing board of a school district or the office of the county superintendent of schools of a county may grant temporary exemption to a pupil from courses in physical education, if the pupil is one of the following: (1) Ill or injured and a modified program to meet the needs of the pupil cannot be provided. (2) Enrolled for one-half, or less, of the work normally required of full-time pupils. (b) (1) The governing board of a school district or the office of the county superintendent of schools of a county may, with the consent of a pupil, if the pupil has passed the physical performance test administered in the 9th grade pursuant to Section 60800, grant the pupil exemption from courses in physical education for two years any time during grades 10 to 12, inclusive. (2) Pursuant to Sections 51210, 51220, and 51222, physical education is required to be offered to all pupils, and schools are, therefore, required to provide adequate facilities and instructional resources for that instruction. In this regard, paragraph (1) shall be implemented in a manner that does not create a new program or impose a higher level of service on a local educational agency. Paragraph (1) does not mandate any overall increase in staffing or instructional time because, pursuant to subdivision (d), pupils are not permitted to attend fewer total hours of class if they do not enroll in physical education. Paragraph (1) does not mandate any new costs because any additional physical education instruction that a local educational agency provides may be accomplished during the existing instructional day, with existing facilities. Paragraph (1) does not prevent a local educational agency from implementing any other temporary or permanent exemption authorized by this section. (c) The governing board of a school district or the office of the county superintendent of a county may grant permanent exemption from courses in physical education if the pupil complies with any one of the following: (1) Is 16 years of age or older and has been enrolled in the 10th grade for one academic year or longer. (2) Is enrolled as a postgraduate pupil. (3) Is enrolled in a juvenile home, ranch, camp, or forestry camp school where pupils are scheduled for recreation and exercise pursuant to the requirements of Section 4346 of Title 15 of the California Code of Regulations. (d) A pupil exempted under paragraph (1) of subdivision (b) or paragraph (1) of subdivision (c) may not attend fewer total hours of courses and classes if he or she elects not to enroll in a physical education course than he or she would have attended if he or she had elected to enroll in a physical education course. (e) Notwithstanding any other law, the governing board of a school district may also administer to pupils in grades 10 to 12, inclusive, the physical performance test required in 9th grade pursuant to Section 60800. A pupil who passes this physical performance test in any of grades 10 to 12, inclusive, is eligible for an exemption pursuant to subdivision (b). (f) This section shall become operative on July 1, 2007. SEC. 4. Section 60800 of the Education Code is amended to read: 60800. (a) During the month of February, March, April, or May, the governing board of each school district maintaining any of grades 5, 7, and 9 shall administer to each pupil in those grades the physical performance test designated by the State Board of Education. Each physically handicapped pupil and each pupil who is physically unable to take all of the physical performance test shall be given as much of the test as his or her condition will permit. (b) Upon request of the State Department of Education, a school district shall submit to the department, at least once every two years, the results of its physical performance testing. (c) The State Department of Education shall compile the results of the physical performance test and submit a report every two years, by December 31, to the Legislature and Governor that standardizes the data, tracks the development of high-quality fitness programs, and compares the performance of California's pupils with national performance, to the extent that funding is available. (d) Pupils shall be provided with their individual results after completing the physical performance testing. The test results may be provided orally as the pupil completes the testing. (e) The governing board of a school district shall report the aggregate results of its physical performance testing administered pursuant to this section in their annual school accountability report card required by Sections 33126 and 35256. SEC. 5. The Legislature finds and declares all of the following: (a) Physical education has been a required course of study for pupils for many years. Since at least 1968, pupils in grades 1 to 6, inclusive, have been required to participate in physical education for a period of not less than 200 minutes each 10 schooldays, exclusive of recesses and the lunch period, and pupils in grades 7 to 12, inclusive, have been required to participate in physical education for a period of not less than 400 minutes each 10 schooldays. (b) These physical education requirements were in place long before state reimbursement was required to be provided to local agencies and school districts for state-mandated activities. (c) The concept of subvention of funds was first introduced in 1972 as part of the Property Tax Relief Act of 1972, known as Senate Bill 90. This act was superseded by Article XIII B which was added to the California Constitution by the voters in 1979. Section 6 of Article XIII B requires that whenever the Legislature mandates any new program or higher level of service on local governments, the state shall provide a subvention of funds for the associated costs. Section 6 further provides, however, that the Legislature need not provide a subvention of funds for legislative mandates enacted prior to January 1, 1975. (d) Since the minimum time requirements for physical education were mandated prior to 1975, the provision of physical education by school districts does not constitute a reimbursable state mandate. For this reason, Senate Bill 1868 of the 2001-02 Regular Session (Ch. 1166, Stats. 2002), which amended the exemption provision that authorizes a school district to grant a two-year exemption of physical education to pupils in grades 10 to 12, inclusive, to require passage of the physical performance test, known as the Fitnessgram, was not intended by the Legislature to create a reimbursable state mandate.