AB 1391, as introduced, Gomez. Pupil instruction: adopted course of study for grades 1 to 6: physical education: complaints.
Existing law requires the adopted course of study for grades 1 to 6, inclusive, to include instruction in specified areas of study, including 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. Notwithstanding that provision, existing law provides that instruction in physical education in an elementary school maintaining any of grades 1 to 8, inclusive, shall be for a total period of time of not less than 200 minutes each 10 schooldays, exclusive of recesses and the lunch period.
This bill would instead require a total period of time of physical education instruction for pupils in those grades of not less than 400 minutes each 20 schooldays. The bill would authorize a complaint that a school district or county office of education has not complied with the requirements of the adopted course of study for grades 1 to 6, inclusive, to be filed with the school district or county office of education pursuant to the Uniform Complaint Procedures, as specified, and would provide that the Uniform Complaint Procedures shall be the adequate remedy at law for that complaint. To the extent this bill would impose additional duties on school district or county office of education officials, the bill would impose a state-mandated local program.
The bill also would specify that the provisions prescribing the requirements for the adopted course of study for grades 1 to 6, inclusive, shall not be construed to create a private right of action, as provided.
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:
begin insert(a)end insertbegin insert end insert 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(a)
end delete
7begin insert(1)end insert English, including knowledge of, and appreciation for
8
literature and the language, as well as the skills of speaking,
9reading, listening, spelling, handwriting, and composition.
10(b)
end delete
11begin insert(2)end insert Mathematics, including concepts, operational skills, and
12problem solving.
13(c)
end delete
14begin insert(3)end insert Social sciences, drawing upon the disciplines of
15anthropology, economics, geography, history, political science,
16psychology, and
sociology, designed to fit the maturity of the
17pupils. Instruction shall provide a foundation for understanding
18the history, resources, development, and government of California
19and the United States of America; the development of the American
20economic system including the role of the entrepreneur and labor;
21the relations of persons to their human and natural environment;
22eastern and western cultures and civilizations; contemporary issues;
23and the wise use of natural resources.
P3 1(d)
end delete
2begin insert(4)end insert Science, including the biological and physical aspects, with
3emphasis on the processes of experimental inquiry and on the place
4of humans in ecological systems.
5(e)
end delete
6begin insert(5)end insert Visual and performing arts, including instruction in the
7subjects of dance, music, theatre, and visual arts, aimed at the
8development of aesthetic appreciation and the skills of creative
9expression.
10(f)
end delete
11begin insert(6)end insert Health, including instruction in the principles and practices
12of individual, family, and community health.
13(g)
end delete
14begin insert(7)end insert Physical education, with emphasis upon the physical
15activities for the pupils that may be conducive to health and vigor
16of body and mind, for a total period of time of not less thanbegin delete 200end delete
17begin insert 400end insert minutes eachbegin delete 10end deletebegin insert 20end insert schooldays, exclusive of recesses and the
18lunch period.
19(h)
end delete20begin insert(8)end insert Other studies that may be prescribed by the governing board.
begin insert
21(b) (1) A complaint that a school district or county
22superintendent of schools has not complied with the requirements
23of this section may be filed with a school district or county
24superintendent of schools pursuant to the Uniform Complaint
25Procedures set forth in Chapter 5.1 (commencing with Section
264600) of Division 1 of Title 5 of the California Code of Regulations.
27(2) A complainant not satisfied with the decision of a school
28district or county superintendent of schools may appeal the
29decision to the Superintendent and shall receive a written appeal
30decision within 60 days of the Superintendent’s receipt of the
31appeal.
32(3) If a school district or county superintendent of schools finds
33merit in a complaint, or the Superintendent finds merit in an
34appeal, the school district or county superintendent of schools
35shall provide a remedy to all affected pupils, parents, and
36guardians.
37(4) Notwithstanding any other law, the Uniform Complaint
38Procedures set forth in Chapter 5.1 (commencing with
Section
394600) of Division 1 of Title 5 of the California Code of Regulations
P4 1shall be the adequate remedy at law for allegations of
2noncompliance with the requirements of this section.
3(c) This section shall not be construed to create a private right
4of action. This subdivision clarifies and is declaratory of existing
5law, and shall apply to any pending claim. However, nothing in
6this subdivision shall restrict or expand the existing right of any
7party to seek relief from noncompliance with this section pursuant
8to a writ of mandate if that party has pursued and exhausted the
9available administrative remedies, including those specified in
10subdivision (b).
Section 51223 of the Education Code is amended to
12read:
Notwithstanding the provisions of Sections 51210 and
1451222, instruction in physical education in an elementary school
15maintaining any of grades 1 tobegin delete 8end deletebegin insert 8, inclusive,end insert shall be for a total
16period of time of not less thanbegin delete 200end deletebegin insert 400end insert minutes eachbegin delete 10end deletebegin insert 20end insert
17
schooldays, exclusive of recesses and the lunch period.
If the Commission on State Mandates determines that
19this act contains costs mandated by the state, reimbursement to
20local agencies and school districts for those costs shall be made
21pursuant to Part 7 (commencing with Section 17500) of Division
224 of Title 2 of the Government Code.
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