BILL ANALYSIS                                                                                                                                                                                                    



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          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                 |     |                          |
           ----------------------------------------------------------------- 

           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 


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