BILL NUMBER: AB 351	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 24, 2009

INTRODUCED BY   Assembly  Member   Salas
  Members   Salas   and Ma 
    (   Coauthor:   Assembly Member  
Duvall   ) 

                        FEBRUARY 19, 2009

    An act to amend Section 51222 of the Education Code,
relating to physical education.   An act to amend
Section 51222 of, and to add Section 51242.1 to, the Education Code,
relating to physical education, and declaring the urgency thereof, to
take effect immediately 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 351, as amended, Salas. Physical education. 
   Existing 
    (1)    Existing  law requires all
pupils who are not otherwise exempt to attend courses in physical
education for a total period of time of not less than 400 minutes
each 10 schooldays. 
   This bill would require that specified programs and courses
qualify toward meeting this requirement, including interscholastic
athletic programs, marching band, drill team, and Junior Reserve
Officer Training Corps. 
    This   bill would authorize the governing board of a
school district to exempt any pupil from courses in physical
education if the pupil participates in California Cadet Corps, cheer
team or dance team, color guard or drill team, Junior Reserve Officer
Training Corps, or marching band.  The bill would make other
technical and clarifying changes. 
   (2) This bill would declare that it is to take effect immediately
as an urgency statute. 
   Vote:  majority  2/3  . Appropriation:
no. Fiscal committee: no. State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 51222 of the  
Education Code   is amended to read: 
   51222.  (a) All pupils, except pupils excused or exempted pursuant
to  Section   Sections  51241  ,
51242, and 51242.1  , shall be required to attend  upon
the  courses  of   in  physical
education for a total period of time of not less than 400 minutes
each 10 schooldays. Any pupil may be excused from physical education
classes during one of grades 10, 11, or 12 for  not to exceed
24 clock   a time period less than 24  hours in
order to participate in automobile driver training.  Such
  A  pupil who is excused from physical education
classes to enroll in driver training shall attend  upon
 a minimum of 7,000 minutes of physical education
instruction during  such   that school
year.
   (b) The governing board of each school district that maintains a
high school and that elects to exempt pupils from required attendance
in physical education courses pursuant to paragraph (1) or (2) or
both of subdivision (b) of Section 51241 shall offer those 
exempted  pupils  so exempted  a variety of
elective physical education courses of not less than 400 minutes each
10 schooldays.
   SEC. 2.    Section 51242.1 is added to the  
Education Code   , to read:  
   51242.1.  The governing board of a school district that provides
the following courses or programs may exempt any pupil participating
in such a course or program from courses in physical education:
   (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. 
   SEC. 3.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order for pupils to avail themselves of the physical education
exemptions specified in this act as soon as possible, it is necessary
that this act take effect immediately.  
  SECTION 1.    Section 51222 of the Education Code
is amended to read:
   51222.  (a) All pupils, except pupils excused or exempted pursuant
to Section 51241, shall be required to attend courses in physical
education for a total period of time of not less than 400 minutes
each 10 schooldays. For purposes of this subdivision, the following
courses and programs shall qualify toward meeting this requirement:
   (1) Interscholastic athletic programs.
   (2) Marching band.
   (3) Drill team.
   (4) Junior Reserve Officer Training Corps.
   (b) Any pupil may be excused from physical education classes
during one of grades 10, 11, or 12 for a time period less than 24
hours in order to participate in automobile driver training. A pupil
who is excused from physical education classes to enroll in driver
training shall attend a minimum of 7,000 minutes of physical
education instruction during that school year.
   (c) The governing board of each school district that maintains a
high school and that elects to exempt pupils from required attendance
in physical education courses pursuant to paragraph (1) or (2) or
both of subdivision (b) of Section 51241 shall offer those exempted
pupils a variety of elective physical education courses of not less
than 400 minutes each 10 schooldays.