Amended in Assembly April 20, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1391

Introduced by Assembly begin delete Member end delete begin insert Members end insert Gomez begin insert and O’Donnell end insert

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 amended, Gomez. Pupil instruction: adopted course of begin delete study for grades 1 to 6: end delete begin insert study: elementary school: end insert 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 begin delete 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 end delete authorize a complaint that a school district or county begin delete office of education end delete begin insert superintendent of schools end insert has not complied with the begin insert instructional minute end insert requirements of the begin insert physical education end insert adopted course of study for begin delete grades 1 to 6, inclusive, end delete begin insert pupils in those grades end insert to be filed with the school district or county begin delete office of education end delete begin insert superintendent of schools end insert pursuant to the Uniform Complaint Procedures, as begin delete specified, and would provide that the Uniform Complaint Procedures shall be the adequate remedy at law for that complaint. end delete begin insert specified. end insert 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 begin delete specify that end delete begin insert state the Legislature’s finding and declaration that end insert the provisions prescribing the requirements for the adopted course of study for grades 1 to 6, inclusive, begin delete shall not be construed end delete begin insert and for instructional time for physical education in an elementary school maintaining any of grades 1 to 8, inclusive, were not intended end insert to create a private right of begin delete action, as provided. end delete begin insert action, but would provide that nothing in those provisions are to restrict or expand the existing right of any party to seek relief from noncompliance with them pursuant to a writ of mandate. end insert

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 begin delete system end delete begin insert system, end insert 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, theatre, 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 begin delete 400 end delete
begin insert 200 end insert minutes each begin delete 20 end delete begin insert 10 end insert 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 begin insert instructional
minute end insert requirements of begin delete this section end delete begin insert paragraph (7) of subdivision
(a) end insert 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.

begin delete

(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.

end delete

(c)  begin delete 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. end delete begin insert The Legislature finds
and declares that neither the original provisions of this section,
nor any subsequent amendments to it, were intended to create a
private right of action. end insert 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 begin delete mandate if
that party has pursued and exhausted the available administrative
remedies, including those specified in subdivision (b). end delete begin insert mandate. end insert

SEC. 2.  

Section 51223 of the Education Code is amended to
read:

51223.  

begin insert (a) end insert begin insert   end insert Notwithstanding the provisions of Sections 51210
and 51222, 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 begin delete 400 end delete begin insert 200 end insert minutes each begin delete 20 end delete begin insert 10 end insert
schooldays, exclusive of recesses and the lunch period.

begin insert

(b) (1) A complaint that a school district or county
superintendent of schools has not complied with the instructional
minute requirements of subdivision (a) 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.

end insert begin insert

(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.

end insert begin insert

(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.

end insert begin insert

(c) The Legislature finds and declares that neither the original
provisions of this section, nor any subsequent amendments to it,
were intended to create a private right of action. 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.

end insert

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.