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  







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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.









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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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