BILL NUMBER: AB 1391 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 2, 2015
AMENDED IN ASSEMBLY APRIL 30, 2015
AMENDED IN ASSEMBLY APRIL 20, 2015
INTRODUCED BY Assembly Members Gomez and O'Donnell
( Coauthors: Assembly Members
Bonta, Chávez, Chiu, Gipson,
Maienschein, Weber, and Williams
)
( Coauthors: Senators Runner
and Vidak )
FEBRUARY 27, 2015
An act to amend Sections 51210 and 51223 of the Education Code,
relating to pupil instruction, and declaring the urgency thereof, to
take effect immediately.
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 is 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.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. 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 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.
(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 200 minutes each
10 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 instructional
minute requirements of paragraph (7) 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.
(2) A complainant not satisfied with the decision of a school
district or county superintendent of schools may appeal the decision
to the Superintendent department pursuant to
Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5
of the California Code of Regul ations and shall
receive a written appeal decision within 60 days of the
Superintendent's department'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.
(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.
SEC. 2. Section 51223 of the Education Code is amended to read:
51223. (a) 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 200 minutes each 10 schooldays,
exclusive of recesses and the lunch period.
(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.
(2) A complainant not satisfied with the decision of a school
district or county superintendent of schools may appeal the decision
to the Superintendent department pursuant to
Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5
of the California Code of Regulations and shall receive a
written appeal decision within 60 days of the Superintendent'
s department'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.
(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.
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.
SEC. 4. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to protect California public schools from unnecessary
lawsuits that take funds away from our classrooms, it is necessary
for this bill to take effect immediately.