BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: AB 949
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|Author: |Gonzalez |
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|Version: |May 6, 2015 Hearing |
| |Date: July 1, 2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Lynn Lorber |
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Subject: Physical education: competition cheer
SUMMARY
This bill requires the California Interscholastic Federation to
develop guidelines, procedures, and safety standards to classify
competition cheer as an interscholastic sport.
BACKGROUND
The California Interscholastic Federation (CIF) is a voluntary
organization consisting of school and school-related personnel
with responsibility for administering interscholastic athletic
activities in secondary schools. (Education Code § 33353)
Existing law requires the California Department of Education
(CDE) to have the following authority over interscholastic
athletics:
1)The CDE may state that the policies of school districts and
the CIF are in compliance with both state and federal law.
2)The CDE may require school districts or the CIF to adjust
policies to be in compliance, but the CDE does not have the
authority to determine the specific policy that a school
district must adopt in order to comply with state or federal
law.
3)The CDE is authorized to begin legal proceedings if a school
district or the CIF does not change its policy.
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Existing federal law, Title IX, requires local educational
agencies to ensure that male and female students are provided
equal opportunities to participate in interscholastic athletics
programs consistent with Title IX (United States Code, Title 20
§ 1681 et seq. and Code of Federal Regulations, Title 34, Part
106)
ANALYSIS
This bill requires the CIF to develop guidelines, procedures,
and safety standards to classify competition cheer as an
interscholastic sport. Specifically, this bill:
1)Requires the CIF, in consultation with the California Department
of Education (CDE), to develop guidelines, procedures, and
safety standards for the purpose of classifying competition
cheer as an interscholastic sport that is consistent with the
United States Department of Education Office for Civil Rights'
definition of a sport.
2)Requires the California Interscholastic Federation (CIF) to
develop the guidelines, procedures and safety standards by
July 1, 2017.
3)Requires the CIF to seek a United States Department of Education
Office of Civil Rights Title IX compliance designation for
competition cheer.
4)Prohibits competition cheer from counting towards a school's
Title IX compliance unless the Office of Civil Rights deems
competition cheer compliant with its definition of a sport.
5)Defines "competition cheer" as a sport in which teams participate
in direct, head-to-head competition with one another using an
objective scoring system.
STAFF COMMENTS
1)Need for the bill. According to the author, "Cheerleading
regulations are not included as an interscholastic sport under
the California Department of Education's jurisdiction. The
lack of formal governance, standards and regulations has
resulted in inconsistent safety and training of coaches. The
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recognition of cheerleading as an official sport will provide
resources to cheerleading coaches and cheerleaders, consistent
with other California Interscholastic Federation
(CIF)-sanctioned sports. The benefits of having the same CIF
standards will ensure a certain level of coaching competency
and skill once safety guidelines are developed by the
Department and CIF."
2)What is a "sport" under Title IX? In September 2008, the US
Department of Education Office of Civil Rights (OCR) issued a
Dear Colleague Letter: Athletic Activities Counted for Title
IX Compliance document, "to provide State educational
agencies, local educational agencies, and postsecondary
institutions with information to ensure that male and female
students are provided equal opportunities to participate in
intercollegiate and interscholastic athletics programs
consistent with Title IX of the Education Amendments of 1972,
20 U.S.C §§ 1681 et seq., and its implementing regulations (34
C.F.R. Part 106). Specifically, this letter provides
clarifying information to help institutions determine which
intercollegiate or interscholastic athletic activities can be
counted for the purpose of Title IX compliance; it does not
represent a change in OCR's policy under Title IX."
http://www2.ed.gov/about/offices/list/ocr/letters/colleague-200
80917.html
The letter outlined several factors to consider on a case-by-case
evaluation of whether an activity can be counted as an
intercollegiate or interscholastic sport for the purpose of
Title IX compliance, OCR will consider factors including:
a) Program structure and administration.
b) Team preparation and competition.
c) Practice opportunities.
d) Competitive opportunities.
According to the federal Office of Civil Rights (OCR):
It is OCR's policy to encourage compliance with
the Title IX athletics regulations in a flexible
manner that expands, rather than limits, student
athletic opportunities. By disseminating this list
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of factors, OCR intends to provide institutions
with information to include new sports in their
athletics programs, such as those athletic
activities not yet recognized by governing
athletics organizations and those featured at the
Olympic games, if they so choose. Expanding
interscholastic and intercollegiate competitive
athletic opportunities through new sports can
benefit students by creating and stimulating
student interest in athletics, taking advantage of
athletic opportunities specific to a particular
competitive region, and providing the opportunity
for access to a wide array of competitive athletic
activities.
3)California Interscholastic Federation (CIF) sports vs non-CIF
sports. With the creation of competition cheer as a new
interscholastic sport, participants in the sport will be
governed by rules adopted by CIF, competition cheer coaches
will be required to complete the same training as all other
interscholastic coaches, and participants will be eligible for
an exemption from physical education courses, like all other
interscholastic sport participants.
4)Slippery slope? Statutes do not currently address specific
sports or direct CIF to do anything other than report to the
Legislature and Governor on its evaluation and accountability
activities, by January 1, 2016. Does requiring CIF, through
statute, to essentially designate competition cheer, and only
competition cheer, as a sport set a precedent for adding one
sport at a time?
5)Fiscal impact. According to the Assembly Appropriations
Committee, there are no additional costs for the California
Department of Education for consultation with the CIF, which
is not a state-funded entity.
6)Related and prior legislation.
RELATED LEGISLATION
SB 138 (Fuller, 2015) authorizes school districts to exempt high
school students from physical education courses if the student
is engaged in high school rodeo. SB 138 is scheduled to be
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heard by the Assembly Education Committee on July 8.
PRIOR LEGISLATION
AB 1893 (Hayashi, 2010) required all high school spirit activities
(HSSA) coaches to have a valid certification in
Cardiopulmonary resuscitation (CPR) and first aid, and
established several requirements for HSSA coaches and students
participating in HSSA including, requiring students to have an
annual medical examination and receive proper training, and
requiring HSSA coaches to develop an emergency plan. AB 1893
was never heard by the Assembly Education Committee.
AB 351 (Salas, 2009) authorized the governing board of a school
district that provides the following courses or programs to
exempt any student participating in such a course or program
from physical education and from the physical education high
school graduation requirement: California Cadet Corps; Cheer
team or Dance Team; Color guard or Drill team; Junior Reserve
Officer Training Corps; Marching band. AB 351 failed passage
in the Assembly Education Committee.
SUPPORT
California Athletic Trainers Association
California Interscholastic Federation
California Medical Association
California Physical Therapy Association
California School Boards Association
Safe Kids San Diego
OPPOSITION
Fair Play for Girls
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