BILL NUMBER: SB 601	CHAPTERED  10/14/07

	CHAPTER  720
	FILED WITH SECRETARY OF STATE  OCTOBER 14, 2007
	APPROVED BY GOVERNOR  OCTOBER 14, 2007
	PASSED THE SENATE  SEPTEMBER 6, 2007
	PASSED THE ASSEMBLY  SEPTEMBER 5, 2007
	AMENDED IN ASSEMBLY  AUGUST 31, 2007
	AMENDED IN ASSEMBLY  JULY 17, 2007
	AMENDED IN ASSEMBLY  JUNE 19, 2007
	AMENDED IN SENATE  JUNE 4, 2007
	AMENDED IN SENATE  MAY 1, 2007
	AMENDED IN SENATE  APRIL 11, 2007
	AMENDED IN SENATE  MARCH 27, 2007

INTRODUCED BY   Senator Torlakson
   (Coauthor: Senator Alquist)

                        FEBRUARY 22, 2007

   An act to amend Sections 33352 and 51241 of the Education Code,
relating to teachers.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 601, Torlakson. Teachers: Physical Education Professional
Development Program.
   (1) Existing law requires the State Department of Education to
exercise general supervision over the physical education courses in
elementary and secondary schools of the state. The department is
required to ensure that the data collected through categorical
program monitoring (CPM) indicates the actual number of minutes of
instruction in physical education actually provided by each school
district for the purpose of determining whether each school district
is in compliance with the required minimum minutes of instruction.
Public schools are required to provide instruction in physical
education for a total period of time of not less than 200 minutes
each 10 schooldays to pupils in grades 1 to 6, inclusive, and for a
total period of time of not less than 400 minutes each 10 schooldays
to pupils in grades 7 to 12, inclusive.
   This bill would require the department to ensure that the data
collected through CPM indicates the extent to which each school
within the jurisdiction of a school district or county office of
education performs specified duties regarding the provision of
instruction in physical education, including, among others, providing
the required minimum minutes of instruction and conducting physical
fitness testing. The department would be required to submit annually
a report to the Governor and the Legislature that summarizes the data
collected through CPM regarding those items and to post annually a
summary of that data on the Internet Web site of the department.
   (2) 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 passed the physical
performance test administered in the 9th grade.
   This bill would grant that exemption if the pupil has met
satisfactorily any 5 of the 6 standards of the physical performance
test administered in grade 9.


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

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) A lack of adequate physical activity and appropriate nutrition
has greatly contributed to the epidemic levels of obesity found in
California.
   (b) Obesity is a key risk factor associated with a number of
health problems including heart disease, diabetes, some cancers,
hypertension, gallbladder disease, musculoskeletal disorders, and
mental health.
   (c) According to the State Department of Public Health, the costs
of obesity in California are estimated to equal more than $21.7
billion in health care costs, workers' compensation costs, and lost
productivity.
   (d) According to the State Department of Education, healthy,
active, and well-nourished children are more likely to attend school
and are more prepared and motivated to learn.
   (e) Healthy children are also more likely to grow up to be healthy
adults and are less likely to develop costly and harmful health
problems.
   (f) California's youth have the potential to advance the
generational change necessary for reversing and preventing the
devastating consequences of such an epidemic.
   (g) Physical education can provide necessary physical activity
while motivating a child to maintain healthy eating habits and to
engage in regular physical activity as an aspect of one's lifestyle.
  SEC. 2.  Section 33352 of the Education Code is amended to read:
   33352.  (a) The department shall exercise general supervision over
the courses of physical education in elementary and secondary
schools of the state; advise school officials, school boards, and
teachers in the development and improvement of their physical
education and activity programs; and investigate the work in physical
education in the public schools.
   (b) The department shall ensure that the data collected through
the categorical program monitoring indicates the extent to which each
school within the jurisdiction of a school district or county office
of education does all of the following that are applicable to the
school:
   (1)  Provides instruction in physical education for a total period
of time of not less than 200 minutes each 10 schooldays to pupils in
grades 1 to 6, inclusive, as required pursuant to subdivision (g) of
Section 51210.
   (2)  Provides instruction in physical education for a total period
of time of not less than 400 minutes each 10 schooldays to pupils in
grades 7 to 12, inclusive, as required pursuant to subdivision (a)
of Section 51222.
   (3) Provides instruction in physical education for a total period
of time of not less than 200 minutes each 10 schooldays to pupils in
an elementary school maintaining grades 1 to 8, inclusive, as
required pursuant to Section 51233.
    (4) Conducts physical fitness testing of pupils as required
pursuant to Chapter 6 (commencing with Section 60800) of Part 33.
    (5) Includes the results of physical fitness testing of pupils in
the school accountability report card as required pursuant to
subparagraph (C) of paragraph (1) of subdivision (b) of Section
33126.
    (6) Offers pupils exempted from required attendance in physical
education courses pursuant to paragraph (1) of either subdivision (b)
or (c) of Section 51241 a variety of elective physical education
courses of not less than 400 minutes every 10 schooldays.
   (7) Provides a course of study in physical education to pupils in
any of grades 9 to 12, inclusive, that includes a developmentally
appropriate sequence of instruction, including the effects of
physical activity upon dynamic health, the mechanics of body
movement, aquatics, gymnastics and tumbling, individual and dual
sports, rhythms and dance, team sports, and combatives.
   (8) Provides instruction in physical education to pupils that
provides equal opportunities for participation regardless of gender.
   (9) Provides instruction in physical education to pupils in any of
grades 1 to 12, inclusive, by physical education teachers who hold
appropriate teaching credentials issued by the Commission on Teacher
Credentialing.
   (c) The department annually shall do both of the following:
   (1) Submit a report to the Governor and the Legislature that
summarizes the data collected through categorical program monitoring
regarding the items described in paragraphs (1) to (9), inclusive, of
subdivision (b).
   (2) Post a summary of the data collected through categorical
program monitoring regarding the items described in paragraphs (1) to
(9), inclusive, of subdivision (b) on the Internet Web site of the
department.
  SEC. 3.  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 any 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 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) 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 any 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).