Amended in Assembly April 30, 2015

Amended in Assembly April 20, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1391


Introduced by Assembly Members Gomez and O’Donnell

February 27, 2015


An act to amend Sections 51210 and 51223 of the Education Code, relating to pupilbegin delete instruction.end deletebegin insert instruction, and declaring the urgency thereof, to take effect immediately.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1391, as amended, Gomez. Pupil instruction: adopted course of study: elementary school: 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 authorize a complaint that a school district or county superintendent of schools has not complied with the instructional minute requirements of the physical education adopted course of study for pupils in those grades to be filed with the school district or county superintendent of schools pursuant to the Uniform Complaint Procedures, as specified. 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 state the Legislature’s finding and declaration that the provisions prescribing the requirements for the adopted course of study for grades 1 to 6, inclusive, and for instructional time for physical education in an elementary school maintaining any of grades 1 to 8, inclusive, were not intended to create a private right of 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.

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.

begin insert

This bill would declare that it is to take effect immediately as an urgency statute.

end insert

Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P2    1

SECTION 1.  

Section 51210 of the Education Code is amended
2to read:

3

51210.  

(a) 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(1) English, including knowledge of, and appreciation for
7 literature and the language, as well as the skills of speaking,
8reading, listening, spelling, handwriting, and composition.

9(2) Mathematics, including concepts, operational skills, and
10problem solving.

11(3) Social sciences, drawing upon the disciplines of
12anthropology, economics, geography, history, political science,
13psychology, and sociology, designed to fit the maturity of the
14pupils. Instruction shall provide a foundation for understanding
15the history, resources, development, and government of California
P3    1and the United States of America; the development of the American
2economic system, including the role of the entrepreneur and labor;
3the relations of persons to their human and natural environment;
4eastern and western cultures and civilizations; contemporary issues;
5and the wise use of natural resources.

6(4) Science, including the biological and physical aspects, with
7emphasis on the processes of experimental inquiry and on the place
8of humans in ecological systems.

9(5) Visual and performing arts, including instruction in the
10subjects of dance, music, theatre, and visual arts, aimed at the
11development of aesthetic appreciation and the skills of creative
12expression.

13(6) Health, including instruction in the principles and practices
14of individual, family, and community health.

15(7) Physical education, with emphasis upon the physical
16activities for the pupils that may be conducive to health and vigor
17of body and mind, for a total period of time of not less than 200
18minutes each 10 schooldays, exclusive of recesses and the lunch
19period.

20(8) Other studies that may be prescribed by the governing board.

21(b) (1) A complaint that a school district or county
22superintendent of schools has not complied with the instructional
23minute requirements of paragraph (7) of subdivision (a) may be
24filed with a school district or county superintendent of schools
25pursuant to the Uniform Complaint Procedures set forth in Chapter
265.1 (commencing with Section 4600) of Division 1 of Title 5 of
27the California Code of Regulations.

28(2) A complainant not satisfied with the decision of a school
29district or county superintendent of schools may appeal the decision
30to the Superintendent and shall receive a written appeal decision
31within 60 days of the Superintendent’s receipt of the appeal.

32(3) If a school district or county superintendent of schools finds
33merit in a complaint, or the Superintendent finds merit in an appeal,
34the school district or county superintendent of schools shall provide
35a remedy to all affected pupils, parents, and guardians.

36(c) The Legislature finds and declares that neither the original
37provisions of this section, nor any subsequent amendments to it,
38were intended to create a private right of action. However, nothing
39in this subdivision shall restrict or expand the existing right of any
P4    1party to seek relief from noncompliance with this section pursuant
2to a writ of mandate.

3

SEC. 2.  

Section 51223 of the Education Code is amended to
4read:

5

51223.  

(a) Notwithstanding the provisions of Sections 51210
6and 51222, instruction in physical education in an elementary
7school maintaining any of grades 1 to 8, inclusive, shall be for a
8total period of time of not less than 200 minutes each 10
9 schooldays, exclusive of recesses and the lunch period.

10(b) (1) A complaint that a school district or county
11superintendent of schools has not complied with the instructional
12minute requirements of subdivision (a) may be filed with a school
13district or county superintendent of schools pursuant to the Uniform
14Complaint Procedures set forth in Chapter 5.1 (commencing with
15Section 4600) of Division 1 of Title 5 of the California Code of
16Regulations.

17(2) A complainant not satisfied with the decision of a school
18district or county superintendent of schools may appeal the decision
19to the Superintendent and shall receive a written appeal decision
20within 60 days of the Superintendent’s receipt of the appeal.

21(3) If a school district or county superintendent of schools finds
22merit in a complaint, or the Superintendent finds merit in an appeal,
23the school district or county superintendent of schools shall provide
24a remedy to all affected pupils, parents, and guardians.

25(c) The Legislature finds and declares that neither the original
26provisions of this section, nor any subsequent amendments to it,
27were intended to create a private right of action. However, nothing
28in this subdivision shall restrict or expand the existing right of any
29party to seek relief from noncompliance with this section pursuant
30to a writ of mandate.

31

SEC. 3.  

If the Commission on State Mandates determines that
32this act contains costs mandated by the state, reimbursement to
33local agencies and school districts for those costs shall be made
34pursuant to Part 7 (commencing with Section 17500) of Division
354 of Title 2 of the Government Code.

36begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

This act is an urgency statute necessary for the
37immediate preservation of the public peace, health, or safety within
38the meaning of Article IV of the Constitution and shall go into
39immediate effect. The facts constituting the necessity are:

end insert
begin insert

P5    1In order to protect California public schools from unnecessary
2lawsuits that take funds away from our classrooms, it is necessary
3for this bill to take effect immediately.

end insert


O

    97