BILL ANALYSIS Ó
SB 138
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Date of Hearing: July 1, 2015
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
SB
138 (Fuller) - As Amended March 18, 2015
SENATE VOTE: 36-0
SUBJECT: Physical education: exemption: high school rodeo.
SUMMARY: Authorizes the governing board of a school district to
exempt a four-year or senior high school pupil from attending
courses of physical education if the pupil is engaged in high
school rodeo carried on wholly or partially after regular school
hours.
EXISTING LAW:
1)Requires, as a condition of graduation, pupils in grades 9 to
12 to complete two courses in physical education, unless
otherwise exempted. (Education code section 51225.3)
2)Authorizes the governing board of a school district to exempt
any four-year or senior high school pupil from attending
courses of physical education, if the pupil is engaged in a
regular school-sponsored interscholastic athletic program
carried on wholly or partially after regular school hours.
(Education code section 51242)
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3)Requires pupils, except those exempted, to attend courses of
physical education for not less than 400 minutes each 10
schooldays. Authorizes any pupil to be excused from physical
education classes during one of grades 10, 11, or 12 for 24
hours in order to participate in automobile driver training,
but specifies that pupil shall attend a minimum of 7,000
minutes of physical education instruction during such school
year. (Education code section 51222)
4)Authorizes the governing board of a school district or the
office of the county superintendent of schools to grant a
temporary exemption to a pupil from courses in physical
education, if the pupil is ill or injured and a modified
program to meet the needs of the pupil cannot be provided; or,
if the pupil is enrolled for one-half, or less, of the work
normally required of full-time pupils. (Education code
section 51241)
5)Authorizes the governing board of a school district or the
office of the county superintendent of schools, with the
consent of a pupil, to grant a pupil an exemption from courses
in physical education for two years any time during grades 10
to 12, inclusive, if the pupil has met satisfactorily at least
five of the six standards of the physical performance test
administered in grade 9, 10, 11 or 12. (Education code
section 51241)
6)Requires physical education to be offered to all pupils, and,
therefore, schools are required to provide adequate facilities
and instructional resources for that instruction. (Education
code section 51241)
7)Authorizes the governing board of a school district or the
office of the county superintendent to grant permanent
exemption from courses in physical education if the pupil
complies with any one of the following:
a) Is 16 years of age or older and has been enrolled in the
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grade 10 for one academic year or longer.
b) Is enrolled as a postgraduate pupil.
c) Is enrolled in a juvenile home, ranch, camp, or forestry
camp school where pupils are scheduled for recreation and
exercise pursuant to the requirements of Section 4346 of
Title 15 of the California Code of Regulations. (Education
code section 51241)
FISCAL EFFECT: This bill is keyed non-fiscal.
COMMENTS: Existing law requires high school students to
complete two courses in physical education (PE) as a state
graduation requirement. Existing law also authorizes school
governing boards to exempt students from this requirement in
specific instances. This bill seeks to expand the ways that
students can be exempted from PE by authorizing school governing
boards to exempt students from PE for participating in private
rodeo associations that are not school sponsored. The committee
should consider whether the existing two course physical
education requirement for high school graduation is important
for all students and whether students should be exempted from PE
for participation in private athletic organizations away from
school.
According to the author, many schools choose to interpret
section 51242 to exempt pupils who play "traditional sports"
(i.e. football, soccer, volleyball, etc.) from required PE
classes. Often times California High School Rodeo Association
(CHSRA) athletes are not included in this exemption. SB 138
would simply make it clear that school boards may include high
school rodeo athletes in the list of potentially exempted PE
pupils, if that is a policy the school board chooses to
implement.
What are school districts currently doing? There is not a
definitive source of information regarding what school districts
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are currently doing with regard to granting students exemptions
for the physical education graduation requirement. Anecdotal
evidence suggests that some districts are granting PE exemptions
to students participating in school sponsored athletics when
that course is taught by a PE teacher; or, when that course is
taught by a PE teacher through independent study. Anecdotal
evidence also suggests that districts are exempting students
from PE courses for their participation in other school
sponsored interscholastic athletic activities that are not
governed by CIF. It appears that some schools have created
school sponsored Rodeo teams and are granting such exemptions
under existing law. With that in mind, it is unclear why this
bill is necessary.
Is this bill necessary? 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 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.
Slippery slope? Does authorizing participation in a private
rodeo association to qualify as an exemption from physical
education set a precedent for adding other non-school sponsored
sports? If participation in a private rodeo association
qualifies for a PE exemption, should participation in private
ballet lessons at a studio also qualify for such an exemption?
The committee should consider whether participation in other
private athletic groups should qualify a student for such an
exemption from PE, or whether PE is important for all students
and exemptions should be narrowly crafted and limited to school
sponsored sports.
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What are Interscholastic Athletic Programs? According to the
CIF, the following sports qualify as interscholastic athletic
programs: basketball, cross country, football, golf, track and
field, volleyball, wrestling, soccer, tennis, badminton,
baseball, field hockey, gymnastics, lacrosse, skiing,
snowboarding, softball, swimming and diving, and water polo.
Rodeo is not currently an interscholastic athletic program
governed by the bylaws of the CIF. Therefore, the coaches and
instructors for these programs are currently not required to
complete the mandatory coaches training or fingerprinting
requirements in existing state law. Anecdotal evidence suggests
that schools can create a locally governed school-sponsored
rodeo team and if they do so in the same manner as other
interscholastic athletic teams, may exempt pupils from PE for
participating in the rodeo team under the school sponsored
interscholastic athletic program exemption.
Training for Interscholastic Athletic Coaches. Interscholastic
athletic coaches are required to complete a mandatory training
program under existing state law either offered by the school
district or the CIF. Interscholastic athletic coaches are
required to participate in the California High School Coaching
Education and Training Program and the Legislature has expressed
its intent that the program emphasize the following components:
a) Development of coaching philosophies consistent with the
goals of the school, school district, and school district
governing board.
b) Sport psychology.
c) Sport pedagogy.
d) Sport physiology including principles of training and
the harmful effects associated with the use of steroids.
e) Sport management.
f) Training certification in CPR and first aid, including
concussion training.
g) Knowledge of and adherence to statewide rules and
regulations, as well as school regulations including, but
not necessarily limited to, eligibility, gender equity, and
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discrimination.
h) Sound planning and goal setting. (EC 35179.1)
Currently CIF offers training programs to high school coaches
who receive a certificate upon course completion (typically a
six to eight hour class). To date more than 117,000 coaches
have taken the training, which costs approximately $50 per
person. Some school districts pay for the program while others
require the coach to pay for it. The completed certificate is
transferable between school districts.
It is unclear if rodeo coaches are uniformly hired by school
districts like other coaches. If coaches for these programs are
not hired by the district, they may not be required to
demonstrate their qualifications or be subject to the
requirements listed above. The committee should consider what
qualifications these coaches should have if students will be
given an exemption from PE coursework requirements in exchange
for their participation in these programs.
Liability Concerns: If school districts begin to grant
exemptions from PE courses for participation in private rodeo
associations, will school districts be accepting the liability
of student injury during those activities? For instance, if a
student takes riding lessons at a barn 10 miles from school, and
earns an exemption from PE for that activity, will the district
be liable when a student is thrown from a horse during that
activity? Likewise, if a student rides their horse at their
house after school unsupervised, should that qualify for an
exemption from PE, and would the district be open to liability
if the student is hurt since they are being exempt from PE for
that activity?
Existing Exemptions. Current law authorizes school governing
boards to exempt students from the required 400 minutes of
physical education every 10 days, if they engage in regular
school-sponsored interscholastic athletic programs. Both the
400 minute PE requirement and the exemption for athletic
programs were added to the Education code on April 30, 1977.
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While other specific exemptions to the PE requirements have been
added since 1977, none have specifically exempted a student from
taking PE if they are participating in other ongoing physical
activities away from school. Why is it important to exempt
students from PE for participating in rodeo, especially when
exemptions like this have not been added to the Education code
in nearly 38 years?
Physical Education vs. Physical Activity. Is physical education
the same as physical activity? Is physical activity the goal of
physical education? According to the National Association for
Sport and Physical Education, the unique goals of physical
education are the development of physical competence (movement
skills), health-related fitness, cognitive understanding (of the
principles of physical activity), and a positive attitude toward
physical activity. Physical activity is generally considered to
be a broad term used to describe all forms of large muscle
movements including sports, dance, games, work, lifestyle
activities, and exercise for fitness. The committee should
consider whether the goal of physical education is physical
activity, or if the goal of physical education is broader.
Why is Physical Education important? According to a letter
authored by Superintendent O'Connell and State Board President
Johnson included in the Physical Education Model Content
Standards, "Physical education significantly contributes to
students' well-being; therefore, it is an instructional priority
for California schools and an integral part of our students'
educational experience. High-quality physical education
instruction contributes to good health, develops fundamental and
advanced motor skills, improves students' self-confidence, and
provides opportunities for increased levels of physical fitness
that are associated with high academic achievement. The
Physical Education Model Content Standards for California Public
Schools, Kindergarten Through Grade Twelve affirms the standing
of physical education; rigor is essential to achievement, and
participation is not the same as education."
Arguments in Support. Oakdale High School supports the bill and
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states, "Oakdale High School has been recognizing Rodeo as a
sport since 1994. It is my understanding that a great deal of
time and research went into the implementation of establishing a
rodeo team at Oakdale High. First, it is important to note that
all student members of CHSRA are covered with medical insurance
provided when annual membership dues are paid. Students are
covered at sanctioned events through the State and National
liability clauses at no cost to the school district. That seems
to be one of the biggest concerns of a school district that may
be considering recognizing rodeo as a school sport.
Oakdale High School has been effectively providing its rodeo
athletes with the same scholastic privileges that other athletes
get. For example, rodeo is considered a spring sport allowing
students to earn up to five credits of PE per year. Students
may also earn the block letter after completing one year of
rodeo. There are general team qualification guidelines that
must be met in order for students to earn the credit and letter.
Students must remain in good academic standing and compete at
80 percent of the sanctioned rodeos for the year."
Arguments in Opposition. The California Teachers Association
(CTA) opposes the bill and states, "Rodeo is a supplementary
extracurricular physical activity beyond the core
standards-based physical education curriculum. Legislating
exemptions from physical education for any specific physical
activity, such as rodeo sets a significant precedent
contributing to the erosion of the current state mandates for
physical education and the comprehensive health of California's
6.2 million K-12 students. For the optimum health of our
students, CTA opposes exempting high school students who
participate in the extracurricular activity of rodeo from a
school district's physical education curriculum standards and
state mandates for physical education."
Committee Amendments: The committee should consider amending the
bill to simply clarify existing law by deleting the contents of
this bill and stating: "A pupil may be exempted from physical
education pursuant to Section 51242, for participation in a
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locally developed school sponsored interscholastic athletic
program, that is not administered by the California
Interscholastic Federation, if that school sponsored
interscholastic athletic program is in compliance with laws
pertaining to athletic programs, including, but not limited to,
coaches training and fingerprinting requirements for activity
supervisors, pursuant to Sections 35179.1, 35179.7, 49020-49024,
and 49032."
Related legislation: AB 351 (Salas) from 2009, which was
re-referred and held in the Assembly Education Committee, would
have authorized, as an urgency measure, the governing board of a
school district that provides the following courses or programs
to exempt any pupil participating in such a course or program
from attending courses of physical education (PE) and from the
physical education high school graduation requirement:
1)California Cadet Corps.
2)Cheer team or Dance Team.
3)Color guard or Drill Team.
4)Junior Reserve Officer Training Corps.
5)Marching band.
AB 533 (Hayashi) from 2009, which was held in the Assembly
Appropriations Committee, would have added new requirements to
the California High School Coaching Education and Training
Program for training on recognizing and managing the signs and
symptoms of potentially catastrophic injuries; emergency action
planning; communicating effectively with 911 emergency services;
and, required high school sports coaches to complete a coaching
education program by December 31, 2010.
REGISTERED SUPPORT / OPPOSITION:
Support
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California Circuit Finals Rodeo
California High School Rodeo Association
California Horse Council
Oakdale High School
Professional Rodeo Cowboys Association
Two Individuals
Opposition
American Heart Association
American Stroke Association
California Association for Health, Physical Education,
Recreation and Dance
California Teachers Association
SHAPE America
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Numerous Individuals
Analysis Prepared by:Chelsea Kelley / ED. / (916)
319-2087