BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             SB 138              
           ----------------------------------------------------------------- 
          |Author:    |Fuller                                               |
          |-----------+-----------------------------------------------------|
          |Version:   |March 18, 2015                          Hearing      |
          |           |Date:    March 25, 2015                              |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Urgency:   |No                     |Fiscal:    |No               |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Consultant:|Lynn Lorber                                          |
          |           |                                                     |
           ----------------------------------------------------------------- 
          
          Subject:  Physical education:  exemption:  high school rodeo

            SUMMARY
          
          This bill authorizes school districts to exempt high school  
          students from physical education courses if the student is  
          engaged in high school rodeo.

            BACKGROUND
          
          Current law:

             1.   Requires students to complete two courses in physical  
               education as a condition of graduation, unless otherwise  
               exempted.  (Education Code § 51225.3)

             2.   Requires students in grades 7-12, except those exempted,  
               to attend courses of physical education for not less than  
               400 minutes each 10 schooldays.  
             (EC § 51222)

             3.   Authorizes school districts and county offices of  
               education to grant exemptions, as follows:

                  A.        A temporary exemption may be granted to a  
                    student who is either:

                       (1)                Ill or injured and a modified  
                         program to meet the needs of the student cannot  
                         be provided.







          SB 138 (Fuller)                                         Page 2  
          of ?
          
          

                       (2)                The student is enrolled for  
                         one-half, or less, of the work normally required  
                         of full-time students.  (EC § 51241)

                  A.        A two-year exemption anytime during grades  
                    10-12, if the student has satisfactorily met at least  
                    five of the six standards of the physical performance  
                    test.  (EC § 51241)

                  B.        A permanent exemption if the student complies  
                    with any of the following:

                       (1)                      Is 16 years of age or  
                         older and has been enrolled in the grade 10 for  
                         one academic year or longer.

                       (2)                      Is enrolled as a  
                         postgraduate student.

                       (3)                      Is enrolled in a juvenile  
                         home, ranch, camp, or forestry camp school where  
                         students are scheduled for recreation and  
                         exercise.  
                       (EC § 51241) 

                  A.        A student who is engaged in a regular  
                    school-sponsored interscholastic athletic program  
                    carried on wholly or partially after regular school  
                    hours.  (EC § 51242)

             1.   Requires the California Department of Education (CDE) to  
               exercise general supervision over the courses of physical  
               education in schools, advise schools in the development and  
               improvement of their physical education and activity  
               programs, and investigate the work in physical education in  
               public schools.  The CDE is required to ensure that the  
               data collected through the categorical program monitoring  
               indicates the extent to which schools, among other things:

                  A.        Provides instruction in physical education for  
                    a total period of time of not less than 400 minutes  
                    each 10 schooldays to students in grades 7-12.









          SB 138 (Fuller)                                         Page 3  
          of ?
          
          
                  B.        Conducts physical fitness testing.

                  C.        Provides a course of study in physical  
                    education to high school students that includes a  
                    developmentally appropriate sequence of instruction,  
                    including the effects of physical activity upon  
                    dynamic health, the mechanics of body movement,  
                    aquatics, gymnastics and tumbling, individual and dual  
                    sports, rhythms and dance, team sports, and  
                    combatives.  (EC § 33352)

            ANALYSIS
          
          This bill authorizes school districts to exempt high school  
          students from physical education courses if the student is  
          engaged in high school rodeo.  Specifically, this bill:

          1.   Authorizes the governing board of a school district to  
               exempt a four-year or senior high school student from  
               attending physical education courses if the student is  
               engaged in high school rodeo, wholly or partially after  
               regular school hours.

          2.   Makes technical changes by including cross-references of  
               other existing exemptions in provisions that require  
               non-exempted students to attend physical education courses  
               for at least 400 minutes each 10 schooldays.  

          STAFF COMMENTS
          
          1.   Need for the bill.  According to the author, many schools  
               choose to interpret the authority in current law to exempt  
               from physical education only those students who play  
               traditional sports.  "Often times, the California High  
               School Rodeo Association athletes are not included in this  
               exemption."


          2.   Is this bill necessary?  No.  Current law authorizes  
               schools to exempt from physical education courses students  
               who participate in a "regular school-sponsored  
               interscholastic athletic program."  Education Code § 35179  
               defines "interscholastic athletics" as policies, programs  
               and activities that are formulated or executed in  








          SB 138 (Fuller)                                         Page 4  
          of ?
          
          
               conjunction with, or in contemplation of, athletic contests  
               between two or more schools, either public or private.  The  
               California Interscholastic Federation's (CIF) website lists  
               rodeo as a "non-CIF sport."  

          Standards, criteria, or guidance do not exist regarding which  
               sports may qualify for an exemption.  School districts have  
               great discretion in determining which athletic programs  
               qualify for an exemption.

               A.        Does the definition of "interscholastic  
                    athletics" imply that only CIF sports may be  
                    recognized for an exemption, while non-CIF sports do  
                    not?  

               B.        Do CIF sports provide more physical education (in  
                    addition to physical activity) than non-CIF sports  
                    such as rodeo?

          3.   Slippery slope?  Does specifically authorizing  
               participation in rodeo, and only rodeo, to qualify as an  
               exemption from physical education set a precedent for  
               adding one sport or activity at a time?  Why not specify  
               all of these sports and physical activities, such as  
               marching band, ROTC, and cheerleading, that may qualify for  
               exemption?  

          The author and this Committee may wish to consider addressing  
               the larger policy issues:

               A.        Which sports and physical activities should  
                    warrant an exemption from physical education courses?   


               B.        Should exemptions for participation in sports and  
                    physical activities meet standards for physical  
                    education courses, similar to the current requirement  
                    for granting physical education credit?  California  
                    Code of Regulations § 10060 requires school districts  
                    to appraise the quality of a high school physical  
                    education program based upon whether or not the course  
                    of study provides for instruction in each of the  
                    following areas: effects of physical activity upon  
                    dynamic health, mechanics of body movement, aquatics,  








          SB 138 (Fuller)                                         Page 5  
          of ?
          
          
                    gymnastics and tumbling, individual and dual sports,  
                    rhythms and dance, team sports, and combatives.  

          4.   Related and prior legislation.

          RELATED LEGISLATION

          AB 319 (Rodriguez, 2015) requires high schools to provide  
               instruction in performing cardiopulmonary resuscitation  
               (CPR) and the use of an automated external defibrillator  
               (AED) as part of a physical education course or another  
               course required for graduation.   AB 319 is pending in the  
               Assembly Education Committee.

          PRIOR LEGISLATION

          AB 223 (Ma, 2009) required the San Francisco Board of Education  
               to make Junior Reserve Officers' Training Corps courses  
               available to pupils under its jurisdiction in grades 9 to  
               12.  AB 223 was amended to relate to a different subject  
               matter.

          AB 351 (Salas, 2009) authorized a school district that provides  
               the following courses or programs to exempt any student  
               participating in such a course or program from attending  
               courses of physical education and from the physical  
               education high school graduation requirement: 

               A.        California Cadet Corps.

               B.        Cheer team or Dance team. 

               C.        Color guard or Drill team.  

               D.        Junior Reserve Officer Training Corps.

               E.        Marching band. 

               AB 351 was passed by the Assembly Education Committee,  
               amended on the Assembly Floor, and re-referred to the  
               Assembly Education Committee where it was held.

            SUPPORT
          








          SB 138 (Fuller)                                         Page 6  
          of ?
          
          
          California Circuit Finals Rodeo
          California High School Rodeo Association
          California Horse Council
          Professional Rodeo Cowboys Association
          Rodeo Club Advisor, Oakdale High School

            OPPOSITION
           
           California Association for Health, Physical Education,  
          Recreation and Dance

                                      -- END --