Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 949


Introduced by Assembly Member Gonzalez

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(Principal coauthor: Senator Lara)

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February 26, 2015


begin deleteAn act to amend Section 68130.5 of the Education Code, relating to public postsecondary education. end deletebegin insert end insertbegin insertAn act to add Sections 33353.7 and 51220.7 to the Education Code, relating to physical education.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 949, as amended, Gonzalez. begin deletePublic postsecondary education: exemption from nonresident tuition. end deletebegin insertPhysical education: cheerleading.end insert

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(1) Existing law describes the California Interscholastic Federation, provides the intent of the Legislature regarding its policies, and requires it to report to the Legislature and the Governor on its evaluation and accountability activities on or before January 1, 2016.

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This bill would provide that it is the intent of the Legislature that, no later than January 1, 2017, the California Interscholastic Federation, in consultation with the State Department of Education, develop guidelines, procedures, and safety standards for the purpose of classifying cheerleading as an interscholastic sport.

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(2) Existing law requires the adopted course of study for grades 7 to 12, inclusive, to offer courses in specified areas of study, including physical education.

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This bill would require the department to authorize a school district to allow a pupil to satisfy the physical education course of study for grades 7 to 12, inclusive, by participating in cheerleading.

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Existing law exempts a student, other than a nonimmigrant alien, as defined, from paying nonresident tuition at the California State University and the California Community Colleges if the student meets certain requirements. Existing law authorizes a community college district to report a student who is exempt from nonresident tuition as a full-time equivalent student for apportionment purposes.

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This bill would make a nonsubstantive change to this provision.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 33353.7 is added to the end insertbegin insertEducation Codeend insertbegin insert,
2to read:end insert

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3

begin insert33353.7.end insert  

It is the intent of the Legislature that, no later than
4January 1, 2017, the California Interscholastic Federation, in
5consultation with the department, develop guidelines, procedures,
6and safety standards for the purpose of classifying cheerleading
7as an interscholastic sport.

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8begin insert

begin insertSEC. 2.end insert  

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begin insertSection 51220.7 is added to the end insertbegin insertEducation Codeend insertbegin insert, to
9read:end insert

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10

begin insert51220.7.end insert  

Notwithstanding any other law, the department shall
11authorize a school district to allow a pupil to satisfy the physical
12education course of study for grades 7 to 12, inclusive, required
13pursuant to Section 51220, by participating in cheerleading.

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14

SECTION 1.  

Section 68130.5 of the Education Code is
15amended to read:

16

68130.5.  

Notwithstanding any other law:

17(a) A student, other than a nonimmigrant alien within the
18meaning of paragraph (15) of subsection (a) of Section 1101 of
19Title 8 of the United States Code, who meets all of the following
20requirements shall be exempt from paying nonresident tuition at
21the California State University and the California Community
22Colleges:

23(1) Satisfaction of either of the following:

24(A) High school attendance in California for three or more years.

25(B) Attainment of credits earned in California from a California
26high school equivalent to three or more years of full-time high
27school coursework and a total of three or more years of attendance
P3    1in California elementary schools, California secondary schools,
2or a combination of those schools.

3(2) Graduation from a California high school or attainment of
4the equivalent thereof.

5(3) Registration as an entering student at, or current enrollment
6at, an accredited institution of higher education in California not
7earlier than the fall semester or quarter of the 2001-02 academic
8year.

9(4) In the case of a person without lawful immigration status,
10the filing of an affidavit with the institution of higher education
11stating that the student has filed an application to legalize his or
12her immigration status, or will file an application as soon as he or
13she is eligible to do so.

14(b) A student who is exempt from nonresident tuition under this
15section may be reported by a community college district as a
16full-time equivalent student for apportionment purposes.

17(c) The Board of Governors of the California Community
18Colleges and the Trustees of the California State University shall
19prescribe rules and regulations for the implementation of this
20section.

21(d) Student information obtained in the implementation of this
22section is confidential.

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