BILL NUMBER: AB 1391 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Gomez
FEBRUARY 27, 2015
An act to amend Sections 51210 and 51223 of the Education Code,
relating to pupil instruction.
LEGISLATIVE COUNSEL'S DIGEST
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 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:
(a)
(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.
(b)
(2) Mathematics, including concepts, operational
skills, and problem solving.
(c)
(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.
(d)
(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.
(e)
(5) Visual and performing arts, including instruction
in the subjects of dance, music, theatre, and visual arts, aimed at
the development of aesthetic appreciation and the skills of creative
expression.
(f)
(6) Health, including instruction in the principles and
practices of individual, family, and community health.
(g)
(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
200 400 minutes each 10
20 schooldays, exclusive of recesses and the
lunch period.
(h)
(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 requirements of
this section may be filed with a school district or county
superintendent of schools pursuant to 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 a 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, or the Superintendent finds merit in an
appeal, the school district or county superintendent of schools shall
provide a remedy to all affected pupils, parents, and guardians.
(4) Notwithstanding any other law, 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 shall be
the adequate remedy at law for allegations of noncompliance with the
requirements of this section.
(c) This section shall not be construed to create a private right
of action. This subdivision clarifies and is declaratory of existing
law, and shall apply to any pending claim. However, nothing in this
subdivision shall restrict or expand the existing right of any party
to seek relief from noncompliance with this section pursuant to a
writ of mandate if that party has pursued and exhausted the available
administrative remedies, including those specified in subdivision
(b).
SEC. 2. Section 51223 of the Education Code is amended to read:
51223. Notwithstanding the provisions of Sections 51210 and
51222, instruction in physical education in an elementary school
maintaining any of grades 1 to 8 8,
inclusive, shall be for a total period of time of not less than
200 400 minutes each 10
20 schooldays, exclusive of recesses and the
lunch period.
SEC. 3. 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.