BILL ANALYSIS
AB 351
Page 1
ASSEMBLY THIRD READING
AB 351 (Salas and Ma)
As Amended April 14, 2009
2/3 vote. Urgency
EDUCATION 7-3
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|Ayes:|Nestande, Arambula, | | |
| |Carter, Eng, Garrick, | | |
| |Miller, Solorio | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Ammiano, Buchanan, | | |
| |Torlakson | | |
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SUMMARY : Authorizes, as an urgency measure, the governing board
of a school district that provides the following courses or
programs as part of the regular course of study or as part of
the regular school-sponsored extra curricular activities to
exempt any high school pupil participating in such a course or
program from attending courses of physical education (PE):
1)California Cadet Corps.
2)Cheer team or dance team.
3)Color guard or drill team.
4)Junior Reserve Officer Training Corps (JROTC).
5)Marching band.
EXISTING LAW :
1)Requires, as a condition of graduation, pupils in grades 9 to
12 to complete two PE courses, unless otherwise exempted.
(Education Code 51225.3)
2)Requires pupils, except those exempted, to attend PE courses
for not less than 400 minutes each 10 schooldays. (Education
Code 51222)
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3)Authorizes the governing board of a school district to exempt
any four-year or senior high school pupil from attending PE
courses, if the pupil is engaged in a regular school-sponsored
interscholastic athletic program carried on wholly or
partially after regular school hours. (Education Code 51242)
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 PE
courses 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; and, authorizes the
governing board of a school district or the office of the
county superintendent to grant permanent exemption from PE
courses if the pupil is 16 years of age or older and has been
enrolled in the grade 10 for one academic year or longer.
(Education Code 51241)
FISCAL EFFECT : This bill is keyed non-fiscal.
COMMENTS : Existing law requires high school students to
complete two PE courses 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 the
PE 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;
JROTC; or, marching band from attending physical education
courses and from the physical education graduation requirement.
The committee should consider whether the existing two PE course
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
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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
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 Assembly considers whether
students should be exempted from the required PE coursework, the
Assembly 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 Assembly 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 PE the same as
physical activity? Is physical activity the goal of PE?
According to the National Association for Sport and Physical
Education, the unique goals of physical education are the
development of physical competence (movement skills),
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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 Assembly should
consider whether the goal of PE is physical activity, or if the
goal of PE 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 5, 7,
and 9 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 areas: Aerobic Capacity;
Abdominal Strength and Endurance; Upper Body Strength and
Endurance; Body Composition; Trunk Extensor Strength and
Flexibility; and, Flexibility.
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 PE. 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
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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
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 PE
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
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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
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 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:
Development of coaching philosophies consistent with the goals
of the school, school district, and school district governing
board; sport psychology; sport pedagogy; sport physiology
including principles of training and the harmful effects
associated with the use of steroids; sport management; training
certification in CPR and first aid; 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; and, 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
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school districts pay for the program while others require the
coach to pay for it. The completed certificate is transferable
between school districts.
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.
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Program Comparison: A comparison of California Cadet Corps.;
cheer team; dance team; color guard; drill team; JROTC; and,
marching band illustrates the similarities and differences among
these programs and discusses the amount of physical activity
provided to students in each program. PE 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. 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
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fitness routines twice per week as well as units in specific
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, CDE states, "Education code sections 35160 and
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51225.3(b) provide LEA's with the legal authority to establish
the modes by which a student 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 PE 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; JROTC; 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 PE. Other
districts have embedded California Cadet Corps.; cheer team;
dance team; color guard; drill team; JROTC; 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 PE
graduation requirement for participation in California Cadet
Corps.; cheer team; dance team; color guard; drill team; JROTC;
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 Assembly should consider the unintended
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consequences of this change in state-wide policy.
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 Assembly 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
Assembly 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; JROTC;
marching band, or should these activities take place outside
school hours.
Other State Policies: According to the Health Policy Tracking
Service, seven 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 PE requirement by
counting participation in interscholastic athletic programs,
marching band, drill team, and JROTC toward meeting the PE
instructional minutes requirement outlined in EC 51222. This
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legislation would provide formal recognition of these rigorous
fitness 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,
JROTC, 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
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youth of color, and the critical role that schools play in
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
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principles of physical activity), and a positive attitude toward
physical activity."
Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087
FN: 0000307