BILL ANALYSIS
AB 351
Page 1
Date of Hearing: April 1, 2009
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 351 (Salas) - As Amended: March 24, 2009
SUBJECT : Physical education.
SUMMARY : Authorizes, 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.
EXISTING LAW :
1)Requires, as a condition of graduation, pupils in grades 9 to
12 to complete 2 courses in physical education, unless
otherwise exempted. (Education code section 51225.3)
2)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)
3)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
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normally required of full-time pupils. (Education code
section 51241)
4)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)
5)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)
6)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
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)
7)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)
FISCAL EFFECT : This bill is keyed non-fiscal.
COMMENTS : Existing law requires high school students to
complete 2 courses in physical education 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
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be exempted from the physical education graduation requirement.
The bill would authorize school governing boards to exempt
students participating in California Cadet Corps.; Cheer team;
Dance team; Color guard; Drill team; Junior Reserve Officer
Training Corps; or, Marching band from attending physical
education courses and from the physical education graduation
requirement. The committee should consider whether the existing
2 course physical education requirement for high school
graduation is important for all students.
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."
Physical Education Content Standards & Framework . State
regulation specifies that school districts shall judge 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, gymnastics
and tumbling, individual and dual sports, rhythms and dance,
team sports, and combatives for boys.
According to the Physical Education Framework for California
Public Schools, Pre-
Publication Version, September 15, 2008, "Marching band,
cheerleading, and ROTC also offer students opportunities to be
physically active. These elective courses do not prepare
students to meet grade- or course-level standards in physical
education and do not follow the high school course of study
established by California Code of Regulation, Title 5, Section
10060. Although these courses are appropriate for elective
course credit, they are not appropriate for physical education
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course credit."
While the bill does not grant PE course credit for the
activities listed in the bill, it provides an exemption to the
PE coursework requirement. As the committee considers whether
students should be exempted from the required PE coursework, the
committee should consider whether the list of programs in the
measure meet the content standards for PE. It is unclear if
these programs currently meet PE content standards or if they
can meet the standards. The committee should also consider if
participation in other extracurricular programs or courses merit
an exemption to the PE course requirement.
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.
What is the FITNESSGRAM? The State Board of Education (SBE)
designated the FITNESSGRAM as the Physical Fitness Test (PFT)
for students in California public schools. The FITNESSGRAM is a
comprehensive, health-related physical fitness battery developed
by The Cooper Institute. Public school students in grades five,
seven, and nine are required to take the PFT, whether or not
they are enrolled in a physical education class or participate
in a block schedule. These students include those enrolled in
elementary, high, and unified school districts, county offices
of education, and charter schools. School districts should also
test all students in alternate programs, including, but not
limited to, continuation schools, independent study, community
day schools, county community schools, and nonpublic schools.
Students who are physically unable to take the entire test
battery are to be given as much of the test as conditions
permit. The FITNESSGRAM is composed of the following six
fitness areas, with a number of test options provided for most
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areas:
1)Aerobic Capacity: PACER (Progressive Aerobic Cardiovascular
Endurance Run); One-Mile Run; and, Walk Test (only for ages 13
or older)
2)Abdominal Strength and Endurance: Curl-Up
1)Upper Body Strength and Endurance: Push-Up; Modified Pull-Up;
and, Flexed-Arm Hang
2)Body Composition: Skinfold Measurements; Body Mass Index; and,
Bioelectric Impedance Analyzer
3)Trunk Extensor Strength and Flexibility: Trunk Lift
4)Flexibility: Back-Saver Sit and Reach; and, Shoulder Stretch
The sponsor of the bill, San Diego Unified School District
argues that the programs listed in the bill provide equivalent
physical activity compared to that which is provided in physical
education. The district studied student level data for more
than 7,000 students and compared the FITNESSGRAM results of
those students who participated in Marching Band to those
students who participated in physical education courses in the
7th and 9th grades. Below is a chart that illustrates that more
students in Marching Band achieved a passing score on the
FITTNESSGRAM than students enrolled in physical education
courses.
San Diego Unified School District
Value-Added of Fitness Programs
The school district's Fitness Data Report examined
district-wide, longitudinal data for the student cohort that
took the FITNESSGRAM as seventh graders and again at the end of
the ninth grade. A comparison showed that 71.2% of the ninth
grade students enrolled in Marching Band passed the FITNESSGRAM
in 2007-08, compared with 60.8% of those same students when they
took the FITNESSGRAM in seventh grade - a percentage gain of
slightly more than ten points. Ninth grade PE students showed a
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little more than one percentage point gain over their 7th grade
fitness score (an increase to 52.1% from 53.4%).
Source: San Diego Unified School District
Public Advocates argues, "The study conducted by the [San Diego
Unified School] District shows that a greater percentage of
students in marching band (total of 125 students) performed
better on the FITNESSGRAM test than regular PE students (total
of 6270 students), although students in JROTC (total of 527
students) performed less well than those students who attended
regular PE classes. Even on its face value the study is a
skewed comparison. A mere 125 students in marching band
compared to 50 times that number of students in PE - 6270 - may
simply show that PE classes have many students who begin the
class at a greater variety of fitness levels than the smaller
pool of students in marching band. More to the point, these are
reasons a school may consider in determining whether to offer
marching band or JROTC as electives; however, whatever the study
in San Diego shows, it does not justify rewriting state law and
watering down PE standards for all California students."
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.
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. Why is it important to exempt students from PE for
participating in the proposed group of activities, especially
when exemptions like this have not been added to the Education
code in nearly 32 years?
What are Interscholastic Athletic Programs? According to the
California Interscholastic Federation, 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.
The programs included in this measure, Cheer team; Dance team;
Color guard; Drill team; and, Marching band are not
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interscholastic athletic programs; are not authorized in the
exemption listed in the above section; and, are not governed by
the bylaws of the California Interscholastic Federation (CIF).
Therefore, the coaches and instructors for these programs are
not required to complete the mandatory coaches training in
existing state law. Marching band instructors are usually
credentialed music teachers, however, sometimes auxiliary
marching band instructors are not. The committee should
consider whether these programs should be required to complete
the mandatory coaches training, if in the future students will
receive an exemption from PE to participate in these activities.
Training for Interscholastic Athletic Coaches . Interscholastic
athletic coaches (coaches of the programs listed in the above
section) are required to complete a mandatory training program
under existing state law either offered by the school district
or the California Interscholastic Federation. 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.
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
discrimination.
h) Sound planning and goal setting. (Education Code Section
35179.1)
Currently CIF offers training programs to high school coaches
who receive a certificate upon course completion (typically an
eight hour class). To date more than 60,000 coaches have taken
the training, which costs approximately $60 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.
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California Code of Regulations, Title 5, Section 5593, requires
school districts to ensure that temporary athletic team coaches
are knowledgeable and competent in the following areas: Care and
prevention of athletic injuries, basic first aid and emergency
procedure; coaching techniques; rules and regulations in the
athletic activity being coached; and, child or adolescent
psychology for the appropriate grade level. Temporary athletic
team coaches can demonstrate their competency in these areas in
a number of ways, including but not limited to, completing a
college-level course on the topic, completing an in-service
training by the district or county office of education, or
demonstration of prior experience in the topic area. The
regulations also allow a school district superintendent to waive
compliance with any one or more of the competencies provided
that the person is enrolled in a program leading to acquisition
of a competency. Until the competencies are met, the
prospective coach shall serve under the immediate supervision of
a fully qualified temporary athletic team coach.
It is unclear if all the coaches of the Cheer team; Dance team;
Color guard; Drill team; and, Marching band are uniformly hired
by school districts, or if some may be hired by the school's
booster club. 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.
JROTC and California Cadet Corp. Instructor Training . JROTC
instructors are required to have a designated subject teaching
credential in JROTC issued by the Commission on Teacher
Credentialing. JROTC instructors are retired members of the
United States Armed Forces and their salaries are paid jointly
by the school district and the United States Armed Forces.
California Cadet Corp. instructors are required to hold a
designated subject teaching credential in Basic Military Drill
or JROTC from the Commission on Teacher Credentialing.
Program Comparison . A comparison of California Cadet Corps.;
Cheer team; Dance team; Color guard; Drill team; Junior Reserve
Officer Training Corps; and, Marching band illustrates the
similarities and differences among these programs and discusses
the amount of physical activity provided to students in each
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program. Physical education programs are required to provide
400 minutes of physical education every 10 days. The amount of
physical activity students participate in during PE courses
varies across programs, but generally consists of about 160
minutes per week or 340 minutes every 10 days.
California Cadet Corp . The California High School Cadet Act was
passed on April 5, 1911 and established a California High School
Cadet Corps in each school with an enrollment of 40 or more male
students, although the program is now open to female students as
well. Since 1911, the program has expanded to include middle
and elementary schools. The program has existed in more than
600 schools across the state in its 98-year history. Currently,
the program is in more than 100 schools statewide and serves
more than 10,000 cadets. Regions with Cadet programs currently
include: Yucca Valley, Palm Springs/Palm Desert, the greater
Victorville area, Perris, San Bernardino, Los Angeles, Compton,
Lynwood, Oakland, San Luis Obispo, Los Alamitos, The San
Fernando Valley, Fresno/Madera, Sacramento, and Porterville.
The California Cadet Corps is currently administered by the
Youth Programs Directorate of the California National
Guard/State Military Department. The amount of physical
activity students participate in as a member of the California
Cadet Corp. varies across programs, but generally consists of
about 150 minutes per week or 300 minutes every 10 days. Some
schools currently grant PE credit for participation in
California Cadet Corp and they grant California Cadet Corp.
participants 2.5 credits of PE rather than the 5.0 credits
granted for a regular PE course of 400 minutes every 10 days.
Cheer Team and Dance Team . Cheerleading started in the United
States in the late 19th centurty, but became more organized in
1948 when the National Cheerleading Association (NCA) was
formed. The NCA helped organize the sport and began to hold
cheerleading clinics. The NCA helped move the sport from
yelling on the sidelines to the more complicated stunts and
routines you see today. The amount of physical activity
students participate in as a member of the Cheer team varies
across programs, but generally consists of about 270 to 600
minutes per week depending on the athletic season or 540 to 1200
minutes every 10 days.
The Universal Dance Association (UDA) was founded in 1980 as a
need for educational training for what were then called "drill
teams" and were later called "dance teams." The Association was
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started to provide high quality educational training for college
and high school dancers through summer camps and clinics on
college campuses. Teams are taught routines, proper technique,
conditioning and much more. UDA's goal is to inspire leadership
among today's dance teams. UDA believes that the primary
purpose of a dancer is to support athletic programs and to
provide entertainment to the crowd before and during games.
Dancers play an instrumental role in raising, leading and
maintaining school spirit in and around their communities.
Color Guard and Drill Team . Color guards in the United States
were originally war veterans and were in parades and memorial
celebrations. As time progressed, women joined the services and
also joined organizations that were active when the country was
not at war. Drill teams also performed with the drum corps and
began to carry the American Flag in parades. These teams
evolved in the 1960's and 1980's and began to carry wooden
rifles and colorful flags. The Winter Guard Association of
Southern California currently has 313 teams registered as
members of the association. The amount of physical activity
students participate in as a member of the Color Guard or Drill
team varies across programs, but generally consists of about 300
minutes per week or 600 minutes every 10 days.
Junior Reserve Officer Training Program . The United States Army
Junior Reserve Officers' Training Corps (JROTC) began with the
passage of the National Defense Act of 1916. Under the
provisions of the Act, high schools were authorized the loan of
federal military equipment and the assignment of active duty
military personnel as instructors. Title 10 of the U.S. Code
declares that "the purpose of Junior Reserve Officers' Training
Corps is to instill in students in United States secondary
educational institutions the value of citizenship, service to
the United States, personal responsibility, and a sense of
accomplishment." The JROTC Program has changed greatly over the
years. Once looked upon primarily as a source of enlisted
recruits and officer candidates, it became a citizenship program
devoted to the moral, physical and educational uplift of
American youth. Although the program retained its military
structure and the resultant ability to infuse in its student
cadets a sense of discipline and order, it shed most of its
early military content. JROTC programs are currently in 1,645
schools today with enrollment 281,000 cadets. In San Diego
Unified School District, JROTC courses require specific physical
fitness routines twice per week as well as units in specific
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sports activities. The amount of physical activity students
participate in as a member of JROTC varies across programs, but
generally consists of about 200 minutes per week or 400 minutes
every 10 days.
Marching Band . The Southern California School Band and
Orchestra Association is a non-profit organization whose active
membership is drawn primarily from educational
institutions-elementary schools, junior high/middle schools,
senior high schools, colleges and universities. The association
is dedicated to enriching the cultural environment by helping
all students to develop a greater appreciation of music,
providing students with the means for exploring both vocational
and non-vocational opportunities in music, raising performance
and adjudication standards, and improving teaching techniques.
The amount of physical activity students participate in as a
member of the marching band varies across programs, but
generally consists of about 270 minutes per week or 540 minutes
every 10 days.
California Department of Education Interpretation . Conflicting
information has been issued by California Department of
Education (CDE) on whether or not JROTC, Marching band, drill
team and cheerleading should count toward credit in physical
education under existing law.
According to a CDE opinion approved by the State Board of
Education (SBE) on June 11, 1999, "The California Department of
Education does not support granting physical education credit
for single activities such as marching band, drill team, ROTC,
and cheerleading. These activities typically do not meet the
requirements within the description of a course in physical
education, as specified in the California Code of Regulations,
Title 5, section 10060?. The opinion of CDE is that marching
band, drill team, cheerleading, ROTC, and related activities do
not meet the physical education goals and objectives, as stated
in either the California Code of Regulations or the California
Physical Education Framework; nor do these activities prepare
students for the physical performance test."
In correspondence dated January 30, 2009 and signed by Marcela
Obregon Enriquez, Administrator of the Curriculum Leadership
Office, the California Department of Education states,
"Education code sections 35160 and 51225.3(b) provide LEA's with
the legal authority to establish the modes by which a student
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can meet physical education graduation requirements. LEAs have
the capability of granting physical education credit for courses
such as marching band and JROTC."
What are school districts currently doing? There is not a
definitive source of information regarding what school districts
are currently doing with regard to granting students exemptions
and/or credit for the physical education graduation requirement.
Anecdotal evidence suggests that some districts are granting PE
credit to students who participate in California Cadet Corps.;
Cheer team; Dance team; Color guard; Drill team; Junior Reserve
Officer Training Corps; and, Marching band programs. Some
districts hire PE credentialed teachers to co-teach these
courses with instructors who are not credentialed teachers or
who are not credentialed teachers in physical education. Other
districts have embedded California Cadet Corps.; Cheer team;
Dance team; Color guard; Drill team; Junior Reserve Officer
Training Corps; and, Marching band into their PE curriculum
offerings. Anecdotal evidence suggests some districts don't
utilize the exemption for interscholastic athletic program
participation and instead grant PE credit for participation in
interscholastic athletics. Information regarding what school
districts are currently doing is anecdotal only and more
information is necessary to judge the full implications of
granting a statewide exemption for the physical education
graduation requirement for participation in California Cadet
Corps.; Cheer team; Dance team; Color guard; Drill team; Junior
Reserve Officer Training Corps; and, Marching band.
Equity Issues . How many California high schools have any or all
of the programs included in the measure? Anecdotal evidence
suggests that in some low income school districts fewer than 50%
of their high schools have marching bands. Would districts
implement this measure equitably at the district level, if one
school has a marching band and another does not? If this
measure is enacted, will it be applied equitably across the
state? Will students in low wealth areas of the state have the
same opportunity to receive an exemption from PE for these
courses or programs? If students don't have access to these
programs, does it create inequity across high schools in terms
of who is exempted from PE? Will special education students be
impacted by implementation of this policy? Will special
education students have equal access to the programs listed in
this measure? The committee should consider the unintended
consequences of this change in state-wide policy.
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Reduced Program Participation . School districts claim that
programs such as Marching Band, cheer team, dance team, color
guard, drill team, California Cadet Corp. and JROTC will suffer
from lack of enrollment if students are not able to receive an
exemption from PE. The committee should consider whether a lack
of program participation in the programs listed in the bill is a
compelling argument for providing an exemption from PE.
Not enough time in the day . Arguments have been made that there
is not enough time in the day for students to fit all the
important subjects that create a relevant and complete education
for students. While the extension of the school day and school
year is an important consideration for policy makers,
particularly as it relates to addressing issues of the
achievement gap and ensuring that all students have access to an
appropriate and well-rounded education, the fiscal climate in
the state makes the extension of the school day or year an
unlikely reality in the near future. With this in mind, the
committee should consider whether an exemption from PE is
acceptable to allow students more time during the academic
schedule to participate in courses such as California Cadet
Corps.; Cheer team; Dance team; Color guard; Drill team; Junior
Reserve Officer Training Corps; Marching band, or should these
activities take place outside school hours.
Other State Policies . According to the Health Policy Tracking
Service, 7 states currently authorize some sort of exemption to
state PE requirements for JROTC and/or Marching Band. These
states include: Alabama, Florida, Illinois, Louisiana, South
Carolina, Tennessee and Washington. Four states allow for an
exemption from state PE requirements for "athletic purposes,"
although the definition for each state may be different and
therefore could be limited to just interscholastic sports or
could include other activities. These states include: Iowa,
Minnesota, Michigan and Texas.
Arguments in Support . According to the sponsor, San Diego
Unified School District, AB 351 provides school children with
more opportunities to meet the state's physical education
requirement by counting participation in interscholastic
athletic programs, marching band, drill team, and Junior Reserve
Officer Training Corps toward meeting the PE instructional
minutes requirement outlined in EC 51222. This legislation
would provide formal recognition of these rigorous fitness
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regiments that are critical to students' educational experiences
and that prepare them well for the FITNESSGRAM, the state's
comprehensive battery of physical fitness tests.
Based on longitudinal district data, San Diego Unified has
concluded that AB 351 is essential to providing us with consistent
authority to improve physical education outcomes. For example, a
district-wide comparison of FITNESSGRAM scores shows marching band
students outscored their peers who took traditional PE courses by
over 18%. There is good reason to believe that there is a causal
relationship.
In these financial times school districts are desperately seeking
relief through budget flexibility and local control. Under
current law, school districts would have to invest significant
resources to provide all students with traditional PE curriculum
in addition to existing and successful marching band, drill team,
Junior Reserve Officer Training Corps, and interscholastic
athletic programs. In this time of financial crisis, however,
school districts cannot afford to hire additional PE teachers to
team teach these courses nor can districts afford to add an extra
period to the day so that students can both take PE and
participate in one of these programs. Even in better financial
times, it is unclear if any of these arrangements would constitute
the best use of limited public school funds. At the very least,
school districts should have the ability to make this
determination locally, rather than feel forced into significant
instructional and budgetary decisions to preserve critical
programs that do in fact prepare students to meet the standards to
be considered physically fit.
There also is the question of protecting local investment in these
programs. Parents and other supporters annually spend and raise
millions of dollars to support their children's programs. Without
this legislation, the millions of dollars that public school
families and school districts have invested in uniforms, musical
instruments, equipment, banners, flags, and other accoutrements
will be mothballed forever in most school districts.
Arguments in Opposition . According to Public Advocates, "AB 351
would lower physical education state standards in California
public schools and potentially negatively impact our most
vulnerable populations. Increasing state and national attention
has focused on the declining health of our youth, particularly
youth of color, and the critical role that schools play in
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addressing that decline. In Children Now's 2008 County
Scorecard, only 62% of Latino children and 68% of African
American children in California were within a healthy weight
zone compared to 75% of white children. Because of the
importance of PE in facilitating the health and well-being of
all of our children, California has required PE for high school
graduation. The State has determined by codifying in
regulations and statutes that the best means to ensure a minimum
standard of quality for physical education for every student is
to require PE class content and PE credentialed teachers. These
are the current minimum standards required for all districts to
ensure there is a baseline of PE quality across California. The
State encourages elective activities such as marching band or
JROTC that may improve or enhance certain aspects of physical
fitness in our youth. Encouraging such electives, however, is
no substitute for ensuring that PE standards are met."
According to the California Association for Health, Physical
Education, Recreation and Dance (CAHPERD), "The terms "physical
education" and "physical activity" are often used
interchangeably but they differ in important ways. Physical
education instructional programs provide students with the
skills and knowledge they need to establish and sustain physical
activity as a key component of their lifestyle; as children,
adolescents, and adults. Physical education instruction takes
place in an educational setting; sequential approaches to
content takes place, purposeful teaching and learning is
priority, evidence of student learning is determined and
gathered using assessment tools, and decisions about next steps
is based on student progress toward course goals. Physical
activity is bodily movement of any type and may include
recreational, fitness and sport activities such as jumping rope,
playing soccer, lifting weights, as well as daily activities
such as walking to the store, taking the stairs or raking the
leaves. National recommendations urge school-age children
accumulate at least 60 minutes and up to several hours of
physical activity per day while avoiding prolonged periods of
inactivity. The benefits of regular physical activity are many,
and are related to physical and mental health, academic success,
and economic viability. 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."
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Committee Amendments : There are many questions left unanswered
regarding, equity, access and opportunity; qualifications
required for coaches and instructors of these programs; what
districts are currently doing with regard to PE credit and
exemptions; if these programs are able to meet the existing PE
content standards and minute requirements; and, the cost impacts
of enacting this legislation. With so many questions left
unanswered about how this change in policy will affect local
school districts and the students they serve, staff recommends
the bill be amended to ask the Superintendent of Public
Instruction to contract with an outside company to complete a
study and report to the Legislature by November 1, 2010. The
study should include a confidential inventory of what districts
are currently doing to grant students PE credit. The study
should also help answer the following questions: Are districts
giving students PE credit for the programs listed in the measure
or giving students an exemption from PE? Are districts
utilizing the PE coursework exemption for interscholastic
athletic programs or other exemptions in law? What are the
qualifications of the people who are teaching these courses or
programs? What are the credentialing implications of exempting
students from PE to participate in these courses? What are the
impacts, financial and otherwise, of implementing legislation
like AB 351 on local school districts? How much would it cost
districts statewide to hire PE teachers to teach the two years
of required PE for all high school students? How will issues of
equity, access and opportunity, especially for low income
students and special education students, be impacted by
implementation of legislation like AB 351? How many high
schools have all or some of these programs and how many do not?
Are there any districts that have already implemented best
practices with regard to PE instruction and the integration of
PE standards into the programs included in this measure?
If the committee chooses to pass the bill in its current form,
staff recommends the bill be amended to correct a drafting error
and clarify that the exemption from physical education is only
available to students in grades 9 through 12; and, to include a
requirement for school districts to report to the Superintendent
of Public Instruction the number of students who have been
granted this waiver and what program they are participating in
instead of physical education; and, the Superintendent of Public
Instruction shall annually report this information to the
Legislature. This data collection is important to help the
AB 351
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Legislature make policy decisions regarding physical education
exemptions in the future.
Related legislation: AB 223 (Ma & Lieu) from 2009 requires, as
an urgency measure, the San Francisco Board of Education to make
Junior Reserve Officers' Training Corps (JROTC) courses
available to pupils under its jurisdiction in grades 9 to 12.
This bill is scheduled to be heard in the Assembly Education
Committee on April 1, 2009.
AB 533 (Hayashi) from 2009 adds 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,
requires high school sports coaches to complete a coaching
education program by December 31, 2010. This bill is scheduled
to be heard in the Assembly Education Committee on April 1,
2009.
AB 554 (Furutani) from 2009 authorizes a pupil, with the consent
of his or her parent or guardian and with the concurrence of the
governing board of the school district, to replace foreign
language, visual and performing arts and physical education
graduation requirement courses with career technical education
(CTE) courses. This bill is pending in the Assembly Education
Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
(Current Version)
San Diego Unified School District (Sponsor)
American Legion
AMVETS, Department of California
California Association for Music Education
California School Boards Association
Long Beach Unified School District
Los Angeles Unified School District
National Guard Association of California
San Diego County Office of Education
Numerous Individuals
AB 351
Page 18
(Previous Version)
American Legion Post 6
City Council of the City of West Hollywood
Coronado City Council
Poway Unified School District
San Diego Chapter, Association of the United Sates Army
Temecula Valley Unified School District
Opposition
(Current Version)
American Heart Association
California Association for Health, Physical Education,
Recreation and Dance
California Center for Public Health Advocacy
California Teachers Association
Public Advocates
Numerous Individuals
Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087