BILL NUMBER: AB 351	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2009
	AMENDED IN ASSEMBLY  MARCH 24, 2009

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

                        FEBRUARY 19, 2009

   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.
   (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 authorize the governing board of a school district
to exempt any  high school  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  as part of the regular
school-sponsored extracurricular activities  . 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: 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 Sections 51241, 51242, and 51242.1, shall be required to attend
courses 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 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.
   (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 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
  the following courses or programs as part of the
regular course of study or as part of the regular school-sponsored
extracurricular activities may exempt any high school 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.