BILL NUMBER: AB 412 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Chávez
FEBRUARY 19, 2015
An act to amend Section 51210 of the Education Code, relating to
pupil instruction.
LEGISLATIVE COUNSEL'S DIGEST
AB 412, as amended, Chávez. Pupil instruction: required courses of
study: physical education 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, and
visual and performing arts, physical education,
as specified. Existing law requires that physical education have
a total period of time of not less than 200 minutes each 10
schooldays, as provided.
This bill would authorize a complaint that a school district or
county superintendent of schools has not complied with the
physical education 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 to the local
complaint procedures, if any, or 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 county office of
education superintendent of schools 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. 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.
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 1. Section 51210 of the Education Code is amended to read:
51210. (a) The adopted course of study for grades 1 to 6,
inclusive, shall include instruction, beginning in grade 1 and
continuing through grade 6, in the following areas of study:
(1) English, including knowledge of, and appreciation for
literature and the language, as well as the skills of speaking,
reading, listening, spelling, handwriting, and composition.
(2) Mathematics, including concepts, operational skills, and
problem solving.
(3) Social sciences, drawing upon the disciplines of anthropology,
economics, geography, history, political science, psychology, and
sociology, designed to fit the maturity of the pupils. Instruction
shall provide a foundation for understanding the history, resources,
development, and government of California and the United States of
America; the development of the American economic system, including
the role of the entrepreneur and labor; the relations of persons to
their human and natural environment; eastern and western cultures and
civilizations; contemporary issues; and the wise use of natural
resources.
(4) Science, including the biological and physical aspects, with
emphasis on the processes of experimental inquiry and on the place of
humans in ecological systems.
(5) Visual and performing arts, including instruction in the
subjects of dance, music, theater, and visual arts, aimed at the
development of aesthetic appreciation and the skills of creative
expression.
(6) Health, including instruction in the principles and practices
of individual, family, and community health.
(7) Physical education, with emphasis upon the physical activities
for the pupils that may be conducive to health and vigor of body and
mind, for a total period of time of not less than 200 minutes each
10 schooldays, exclusive of recesses and the lunch period.
(8) Other studies that may be prescribed by the governing board.
(b) (1) A complaint that a school district or county
superintendent of schools has not complied with the physical
education requirements of this section
paragraph (7) of subdivision (a) may be filed with a school
district or county superintendent of schools pursuant to the
local complaint procedures, if any, or the Uniform Complaint
Procedures set forth in Chapter 5.1 (commencing with Section 4600) of
Division 1 of Title 5 of the California Code of Regulations.
(2) A complainant not satisfied with the decision of the school
district or county superintendent of schools may appeal the decision
to the Superintendent and shall receive a written appeal decision
within 60 days of the Superintendent's receipt of the appeal.
(3) If a school district or county superintendent of schools finds
merit in a complaint filed pursuant to this subdivision, or if the
Superintendent finds merit in an appeal made pursuant to paragraph
(2), the school district or county superintendent of schools shall
provide a remedy to all affected pupils, parents, and guardians.
(4) A private right of action or civil action shall not be brought
against a school district or county superintendent of schools
relating to noncompliance with the physical education requirements of
paragraph (7) of subdivision (a) unless the complainant first
follows the local complaint procedures, if any, or the Uniform
Complaint Procedures, pursuant to Chapter 5.1 (commencing with
Section 4600) of Division 1 of Title 5 of the California Code of
Regulations, if no local complaint procedures exist.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.