AB 412, as amended, Chávez. Pupil instruction: required courses of study:begin insert physical educationend insert complaint procedure.
Existing law requires the adopted course of study for grades 1 to 6, inclusive, to include certain areas of study, including, among others, English, mathematics, social sciences, science, andbegin delete visual and performing arts,end deletebegin insert physical education,end insert as specified.begin insert Existing law requires that physical education have a total period of time of not less than 200 minutes each 10 schooldays, as provided.end insert
This bill would authorize a complaint that a school district or county superintendent of schools has not complied with thebegin insert
physical educationend insert requirements of the adopted course of study for grades 1 to 6, inclusive, to be filed with the school district or county superintendent of schools pursuant tobegin insert the local complaint procedures, if any, orend insert the Uniform Complaint Procedures, as specified. The bill would authorize a complainant not satisfied with the school district’s or county superintendent of schools decision to file an appeal with the Superintendent of Public Instruction. If a school district or countybegin delete office of educationend deletebegin insert superintendent of schoolsend insert finds merit in the complaint, or the Superintendent finds merit in the appeal, the bill would require the school district or county superintendent of
schools to provide a remedy, as provided. To the extent this bill would impose additional duties on school districts or county education officials, the bill would impose a state-mandated local program.begin insert The bill would prohibit specified civil actions against a school district or county superintendent of schools relating to noncompliance with the physical education requirements unless the complainant first follows local complaint procedures, if any, or the Uniform Complaint Procedures, if no local complaint procedures exist.end insert
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 51210 of the Education Code is amended
2to read:
(a) The adopted course of study for grades 1 to 6,
4inclusive, shall include instruction, beginning in grade 1 and
5continuing through grade 6, in the following areas of study:
6(1) English, including knowledge of, and appreciation for
7literature and the language, as well as the skills of speaking,
8reading, listening, spelling, handwriting, and composition.
9(2) Mathematics, including concepts, operational skills, and
10problem solving.
11(3) Social sciences, drawing upon the disciplines of
12anthropology, economics, geography, history,
political science,
13psychology, and sociology, designed to fit the maturity of the
14pupils. Instruction shall provide a foundation for understanding
15the history, resources, development, and government of California
16and the United States of America; the development of the American
17economic system, including the role of the entrepreneur and labor;
18the relations of persons to their human and natural environment;
P3 1eastern and western cultures and civilizations; contemporary issues;
2and the wise use of natural resources.
3(4) Science, including the biological and physical aspects, with
4emphasis on the processes of experimental inquiry and on the place
5of humans in ecological systems.
6(5) Visual and performing arts, including instruction in the
7subjects of dance, music, theater, and
visual arts, aimed at the
8development of aesthetic appreciation and the skills of creative
9expression.
10(6) Health, including instruction in the principles and practices
11of individual, family, and community health.
12(7) Physical education, with emphasis upon the physical
13activities for the pupils that may be conducive to health and vigor
14of body and mind, for a total period of time of not less than 200
15minutes each 10 schooldays, exclusive of recesses and the lunch
16period.
17(8) Other studies that may be prescribed by the governing board.
18(b) (1) A complaint that a school district or county
19superintendent of schools has not complied with thebegin insert
physical
20educationend insert requirements ofbegin delete this sectionend deletebegin insert paragraph (7) of subdivision
21(a)end insert may be filed with a school district or county superintendent of
22schools pursuant tobegin insert the local complaint procedures, if any, orend insert the
23Uniform Complaint Procedures set forth in Chapter 5.1
24(commencing with Section 4600) of Division 1 of Title 5 of the
25California Code of Regulations.
26(2) A complainant not satisfied with the decision of the school
27district or county superintendent of schools may appeal the decision
28to the Superintendent and shall receive a written appeal decision
29
within 60 days of the Superintendent’s receipt of the appeal.
30(3) If a school district or county superintendent of schools finds
31merit in a complaint filed pursuant to this subdivision, or if the
32Superintendent finds merit in an appeal made pursuant to paragraph
33(2), the school district or county superintendent of schools shall
34provide a remedy to all affected pupils, parents, and guardians.
35(4) A private right of action or civil action shall not be brought
36against a school district or county superintendent of schools
37relating to noncompliance with the physical education
38requirements of paragraph (7) of subdivision (a) unless the
39complainant first follows the local complaint procedures, if any,
40or the Uniform Complaint Procedures, pursuant to
Chapter 5.1
P4 1(commencing with Section 4600) of Division 1 of Title 5 of the
2California Code of Regulations, if no local complaint procedures
3exist.
If the Commission on State Mandates determines that
5this act contains costs mandated by the state, reimbursement to
6local agencies and school districts for those costs shall be made
7pursuant to Part 7 (commencing with Section 17500) of Division
84 of Title 2 of the Government Code.
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