BILL NUMBER: AB 351	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 2, 2009
	AMENDED IN ASSEMBLY  APRIL 14, 2009
	AMENDED IN ASSEMBLY  MARCH 24, 2009

INTRODUCED BY   Assembly Members Salas and Ma
   (Coauthor: Assembly Member Duvall)

                        FEBRUARY 19, 2009

   An act to amend Section 51222 of, and to add Section 51242.1 to,
the Education Code, relating to physical  education, and
declaring the urgency thereof, to take effect immediately 
 education  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 351, as amended, Salas. Physical education. 
   (1) Existing 
    Existing  law requires all pupils who are not otherwise
exempt to attend courses in physical education for a total period of
time of not less than 400 minutes each 10 schooldays.
   This bill would authorize the governing board of a school district
to exempt any high school pupil from courses in physical education
if the pupil participates in California Cadet Corps, cheer team or
dance team, color guard or drill team, Junior Reserve Officer
Training Corps, or marching band as part of the regular  course
of study or regular  school-sponsored extracurricular
activities. The bill would  specify minimum standards for the
physical education substitute courses, require that a certificated
employee teach the course of study or sponsor the activity, and 
make other technical and clarifying changes. 
   (2) This bill would declare that it is to take effect immediately
as an urgency statute. 
   Vote:  2/3   majority  . Appropriation:
no. Fiscal committee: no. State-mandated local program: no.


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

  SECTION 1.  Section 51222 of the Education Code is amended to read:

   51222.  (a) All pupils, except pupils excused or exempted pursuant
to Sections 51241, 51242, and 51242.1, shall be required to attend
courses in physical education for a total period of time of not less
than 400 minutes each 10 schooldays. Any pupil may be excused from
physical education classes during one of grades 10, 11, or 12 for a
time period less than 24 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 that 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 exempted
pupils a variety of elective physical education courses of not less
than 400 minutes each 10 schooldays.
  SEC. 2.  Section 51242.1 is added to the Education Code, to read:
   51242.1.   (a)    The governing board of a
school district that provides the following courses or programs as
part of the regular course of study or as part of the regular
school-sponsored extracurricular activities may exempt any high
school pupil  participating in   who has
completed  such a course or program from courses in physical
education: 
   (a) 
    (1)  California Cadet Corps. 
   (b) 
    (2)  Cheer team or dance team. 
   (c) 
    (3)  Color guard or drill team. 
   (d) 
    (4)  Junior Reserve Officer Training Corps. 
   (e) 
    (5)  Marching band. 
   (b) Any course or program that qualifies high school pupils for
the exemption in subdivision (a) shall include not less than 400
minutes of the physical education substitution each 10 school days,
and shall support a course of study that includes at least seven of
the eight physical education content areas: effects of physical
activity upon dynamic health; mechanics of body movement; aquatics;
gymnastics and tumbling; individual and dual sports; rhythms and
dance; team sports, and combatives.  
   (c) Any regular course of study for which a high school pupil
receives course credit and which qualifies her or him for the
exemption in subdivision (a) shall be taught by a certificated
employee of the school district.  
   (d) Any regular school-sponsored extracurricular activity that
qualifies a high school pupil for the exemption in subdivision (a)
shall have a certificated employee of the school district serve as
the sponsor of the activity at the schoolsite.  
   (e) A pupil shall meet satisfactorily at least five of the six
standards of the physical performance test administered pursuant to
subdivision (e) of Section 51241 or Section 60800 in grade 9 or 10 to
continue to be eligible in grades 11 and 12 for an exemption
pursuant to subdivision (a).  
  SEC. 3.    This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:
   In order for pupils to avail themselves of the physical education
exemptions specified in this act as soon as possible, it is necessary
that this act take effect immediately.