BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1391 (Gomez) - Pupil instruction: adopted course of study:
elementary school: physical education: complaints
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|Version: July 2, 2015 |Policy Vote: ED. 9 - 0 |
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|Urgency: Yes |Mandate: Yes |
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|Hearing Date: August 17, 2015 |Consultant: Jillian Kissee |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: This bill, an urgency measure, expands the Uniform
Complaint Procedures (UCP) to include complaints of
non-compliance with the required minimum instructional minutes
for physical education (PE).
Fiscal
Impact:
The California Department of Education (CDE) indicates that it
would likely need 0.5 position and about $60,000 to process
and respond to potential PE-related appeals based on the
application of UCP to pupil fees. This estimate would vary
depending upon the number of appeals submitted to the CDE.
(General Fund)
Unknown, potentially significant additional costs if the
Commission on State Mandates determined that this bill
expanded the existing reimbursable state mandate. If
determined to be a mandate, it could create pressure to
AB 1391 (Gomez) Page 1 of
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increase the mandate block grant. See staff comments.
(Proposition 98)
Unknown potential local savings to the extent this bill avoids
litigation at the local educational agency level with the
establishment of an administrative process to remedy
non-compliance.
Background: Existing law requires physical education instruction be
provided for a total period of time not less than 200 minutes
each 10 schooldays for grades one through six and for elementary
schools serving students in grades one through eight. (EC §
51210 and 51223)
The CDE is required to ensure that data collected through the
categorical program monitoring indicates the extent to which
each school district or county office of education, among other
things, provides physical education to students in grades nine
through twelve, as specified.
State regulations require local educational agencies to adopt
uniform complaint procedures through which the public can
register complaints regarding educational programs and rights.
These regulations require the adoption of the UCP by school
districts, county offices of education, charter schools
receiving federal funds, and local public or private agencies
which receive direct or indirect state funding to provide school
programs or special education or related services. (California
Code of Regulations, Title 5, § 4600 et seq.)
In 2013 the advocacy group Cal200 filed a class action lawsuit
against 37 school districts in the state alleging that these
schools were out of compliance with the minimum required
instructional minutes for physical education. According to the
author's office, the court ruled even if the PE minutes
requirement does not create an explicit right of action, a
plaintiff could bring a civil action through a writ of mandate,
to compel a governmental entity to comply with the law, if they
can allege that there is no other adequate remedy of law to
resolve allegations of non-compliance. The Court noted that the
availability of an adequate administrative remedy was not clear
in that case, and allowed the case to go forward. This bill
attempts to establish the administrative remedy.
AB 1391 (Gomez) Page 2 of
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Proposed Law:
This bill, an urgency measure, allows complaints to be filed
with a school district or county superintendent of schools
through the Uniform Complaint Procedures for noncompliance with
the requirement that physical education instruction be provided
for not less than 200 minutes each 10 schooldays in grades one
to eight. A complainant may appeal the decision of a school
district or county superintendent of schools with the California
Department of Education and must receive a written appeal
decision within 60 days of receipt of the appeal. If merit is
found in a complaint or an appeal, a remedy must be provided to
all affected students, parents, and guardians.
Related
Legislation: Numerous bills expand the UCP to include
additional areas in which complaints may be filed with LEAs.
AB 379 (Gordon, 2015) expands the UCP to include complaints of
non-compliance with certain rights and responsibilities
regarding the education of students who are in foster care or
who are homeless. AB 379 is pending in this committee.
SB 81 (Chapter 22, Statutes of 2015) among other things, expands
the UCP to include complaints regarding an alleged violation by
a local agency of federal or state law or regulations governing
adult education programs or regional occupational centers and
programs.
AB 1012 (Jones-Sawyer, 2015), among other things, prohibits a
school district from assigning any students in grades 9-12 to
any "course period without educational content" unless
specifically authorized. AB 1012 also expands the UCP to
include complaints of noncompliance with these requirements. AB
1012 is pending in this committee.
AB 302 (Cristina Garcia, 2015) requires LEAs to provide
reasonable accommodations on a school campus for breast-feeding
and expands the UCP to include complaints of non-compliance with
this requirement. AB 302 is pending in this committee.
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Staff
Comments: The Commission on State Mandates approved a test
claim in 2012 related to the filing, investigation, and
resolution of two types of complaints filed through the UCP:
those that claim violations of laws governing specified
educational programs and those that claim discrimination in
violation of antidiscrimination laws. The Commission on State
Mandates estimated annual costs for this mandate to be about
$35,000 and the mandate was subsequently included in the mandate
block grant. If the Commission determines the requirements of
this bill expand the existing state reimbursable mandate, this
could create pressure for the state to increase funding in the
K-12 mandate block grant.
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