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 ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: July 2, 2015 |Policy Vote: ED. 9 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: Yes |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 17, 2015 |Consultant: Jillian Kissee | | | | ----------------------------------------------------------------- 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 ? 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 ? 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. AB 1391 (Gomez) Page 3 of ? 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. -- END --