BILL NUMBER: SB 602	CHAPTERED  06/23/08

	CHAPTER  32
	FILED WITH SECRETARY OF STATE  JUNE 23, 2008
	APPROVED BY GOVERNOR  JUNE 23, 2008
	PASSED THE SENATE  JANUARY 30, 2008
	PASSED THE ASSEMBLY  JUNE 12, 2008
	AMENDED IN SENATE  JANUARY 8, 2008
	AMENDED IN SENATE  MAY 2, 2007
	AMENDED IN SENATE  MARCH 27, 2007

INTRODUCED BY   Senator Torlakson

                        FEBRUARY 22, 2007

   An act to amend Section 51241 of the Education Code, relating to
physical education.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 602, Torlakson. Physical education.
   Existing law authorizes the governing board of a school district
or the office of the county superintendent of schools of a county to
grant a pupil an exemption from courses in physical education for 2
years any time during grades 10 to 12, inclusive, with the consent of
a pupil, if the pupil has met satisfactorily any 5 of the 6
standards of the physical performance test administered in grade 9.
   This bill would clarify that a pupil may be granted an exemption
from courses in physical education if the pupil has met at least 5 of
the 6 standards of the physical performance test.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  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 a
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, with the consent of
a pupil, may grant a pupil an exemption from courses in physical
education for two years any time during grades 10 to 12, inclusive,
if the pupil has met satisfactorily at least five of the six
standards of the physical performance test administered in grade 9
pursuant to Section 60800.
   (2) Pursuant to Sections 51210, 51220, and 51222, physical
education is required to be offered to all pupils, and, therefore,
schools are 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 grade
10 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) shall 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 also may administer to pupils in grades 10 to 12,
inclusive, the physical performance test required in grade 9 pursuant
to Section 60800. A pupil who meets satisfactorily at least five of
the six standards of this physical performance test in any of grades
10 to 12, inclusive, is eligible for an exemption pursuant to
subdivision (b).