BILL NUMBER: AB 2298 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Torlakson
FEBRUARY 18, 2010
An act to amend Sections 33350, 51210.1, 51210.2, 51451, and 60200
of, to add Section 51220.7 to, and to repeal Section 51223 of, the
Education Code, relating to physical education.
LEGISLATIVE COUNSEL'S DIGEST
AB 2298, as introduced, Torlakson. Education: physical education.
(1) Existing law requires the State Department of Education to
adopt rules and regulations that it deems necessary and proper to
secure the establishment of courses in physical education in the
elementary and secondary schools. The department must compile or
cause to be compiled and printed a manual in physical education for
distribution to teachers in the public schools. The department must
also encourage school districts offering instruction in kindergarten
and any of grades 1 to 12, inclusive, to the extent that resources
are available, to provide quality physical education, as specified.
This bill would require the department to periodically update the
rules and regulations relating to physical education consistent with
the Education Code and content standards developed by the State Board
of Education. The bill would specify that the physical education
manual that must be distributed to teachers in the public schools be
consistent with the requirements for physical education outlined in
the Education Code and the content standards adopted by the state
board.
(2) Existing law contains specified legislative findings and
declarations relating to the importance of physical education in
public schools.
This bill would modify those findings and declarations to
emphasize the importance of the Physical Education Model Content
Standards for California Public Schools and the Physical Education
Framework, adopted by the state board, to the physical education
program in the public schools.
(3) Existing law provides that the adopted course of study for
grades 7 to 12, inclusive, shall include courses in physical
education, with emphasis given to physical activities that are
conducive to health and to vigor of body and mind, as specified.
This bill would require that courses of physical education provide
each pupil with instruction and assessment of their learning in
specified content areas of physical education.
Because this provision would increase the duties of local
educational agencies, it would create a state-mandated local program.
(4) Existing law establishes the Golden State Seal Merit Diploma
to recognize high school graduates who have mastered the high school
curriculum. The Golden State Seal Merit Diploma is awarded jointly by
the state board and the Superintendent to each pupil who has
completed all requirements for a high school diploma and demonstrated
the mastery of the curriculum in 6 subject matter areas.
This bill would revise the subjects that a pupil must demonstrate
the mastery of to 6 subject matter areas, which may include
mathematics, English language arts, social studies, physical
education, and visual and performing arts.
(5) Existing law requires the state board to adopt basic
instructional materials for use in kindergarten and grades 1 to 8,
inclusive. The state board must adopt at least 5 basic instructional
materials for all applicable grade levels in specified categories.
This bill would add physical education to the specified
categories.
(6) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 33350 of the Education Code is amended to read:
33350. The State Department of Education
department shall do all of the following:
(a) Adopt and periodically update rules and regulations
that it deems necessary and proper to secure the establishment of
courses in physical education in the elementary and secondary schools
consistent with this code and the content standards adopted by
the state board .
(b) Compile or cause to be compiled and printed a manual in
physical education for distribution to teachers in the public schools
of the state that is consistent with the requirements for
physical education outlined in this code and the content standards
adopted by the state board .
(c) Encourage school districts offering instruction in
kindergarten and any of grades 1 to 12, inclusive, to the extent that
resources are available, to provide quality physical education that
develops the knowledge, attitudes, skills, behavior, and motivation
needed to be physically active and fit for life; to provide daily
recess periods for elementary school pupils, featuring time for
unstructured but supervised play; to provide extracurricular physical
activity and fitness programs and physical activity and fitness
clubs; and to encourage the use of school facilities for physical
activity and fitness programs offered by the school, public park and
recreation districts, or community-based organizations outside of
school hours.
SEC. 2. Section 51210.1 of the Education Code is amended to read:
51210.1. (a) (1) The Legislature finds and declares all of the
following:
(A) The Education Code This code
currently mandates a minimum of 200 minutes of physical
education instruction every 10 schooldays for pupils in
elementary school. Recent studies have shown that the vast majority
of children and youth are not physically fit
active enough to achieve and maintain measures of physical fitness
that support superior academic achievement and good health .
(B) According to a March 1997 report by the Centers for Disease
Control, the percentage of children and adolescents who are
overweight has more than doubled in the last 30 years. Most of this
increase occurred within the last 10 years.
(C) Nearly 40 percent of children of ages five to eight years have
health conditions that significantly increase their risk of early
heart disease.
(D) Some 70 percent of girls , and 40 percent
of boys , who are from 6 to 12 years of age do not
have enough muscle strength to do more than one pullup.
(E) Most children lead inactive lives. On the average, first
through fourth graders spend two hours watching television on
schooldays and spend close to three and one-half hours watching
television on weekend days.
(2) It is, therefore, the intent of the Legislature that all
children shall have access to a high-quality, comprehensive, and
developmentally appropriate physical education program on a
regular basis as outlined in this code, the Physical
Education Model Content Standards for California Public
Schools, and the Physical Education Framework for California Public
Schools .
(b) (1) Each school district selected by the Superintendent
of Public Instruction pursuant to paragraph (2)
shall report to the Superintendent of Public Instruction
in the Coordinated Compliance Review as to the extent of
its compliance with subdivision (g) of Section 51210 for grades 1 to
6, inclusive, during that school year.
(2) The Superintendent of Public Instruction
shall select not less than 10 percent of the school districts of the
state to report compliance with the provisions set forth in paragraph
(1). The school districts selected shall provide a random and
accurate sampling of the state as a whole.
(c) For purposes of determining compliance with paragraphs (1) and
(2) of subdivision (b), the Superintendent of Public
Instruction shall not count the time spent in recesses and
the lunch period.
(d) A school district that fails to comply with the existing
statutory requirements shall issue a corrective action plan to the
State Department of Education department
in accordance with the Coordinated Compliance Review
coordinated compliance review process.
(e) This section shall not be applicable
does not apply to high schools.
SEC. 3. Section 51210.2 of the Education Code is amended to read:
51210.2. (a) The Legislature hereby finds and declares that the
physical fitness and motor development of children in the public
elementary schools is of equal importance to that of other elements
of the curriculum.
(b) It is, therefore, the intent of the Legislature to encourage
each school district maintaining an elementary school composed of any
of grades 1 to 6, inclusive, to do one of the following:
(1) Employ a credentialed physical education teacher to provide
instruction in physical education for each class of grades 1 to 6,
inclusive, within any elementary school in the district for a total
period of time of not less than 200 minutes each 10 schooldays,
exclusive of recesses and the lunch period.
(2) Provide each teacher providing instruction in physical
education to any of grades 1 to 6, inclusive, within any elementary
school in the district with yearly theoretical practical
training in developmental physical education, as set forth in the
Physical Education Framework adopted by the State Department of
Education pursuant to Section 33350, except that any teacher who has
successfully completed one college level course in elementary
physical education shall not be subject to this paragraph
professional development in the content, instruction, and
assessment of pupil learning in physical education, as set forth in
the Physical Education Model Content Standards for California Public
Schools and the Physical Education Framework adopted by
the state board .
SEC. 4. Section 51220.7 is added to the Education Code, to read:
51220.7. Instruction required by subdivision (d) of Section 51220
in courses of physical education shall provide pupils with
instruction and assessment in each of the following content areas of
physical education: the effects of physical activity on health,
principles of biomechanics, exercise physiology, psychology,
sociology, motor learning, and motor development as they relate to
the learning and performance of movement skills and specifically to
rhythms and dance, gymnastics and tumbling, individual and dual
activities, combatives, aquatics, and team physical activities.
SEC. 5. Section 51223 of the Education Code is repealed.
51223. Notwithstanding the provisions of Sections 51210 and
51222, instruction in physical education in an elementary school
maintaining any of grades 1 to 8 shall be for a total period of time
of not less than 200 minutes each 10 schooldays, exclusive of
recesses and the lunch period.
SEC. 6. Section 51451 of the Education Code is amended to read:
51451. A student pupil who meets
the following requirements shall qualify for a Golden State Seal
Merit Diploma:
(a) The completion of all requirements for a high school diploma.
(b) A demonstration of the mastery of the curriculum in at least
six subject matter areas, four of which shall be
including mathematics, English language arts, science,
and United States history, with the
remaining two subject matter areas selected by the student
physical education, and visual and performing arts .
SEC. 7. Section 60200 of the Education Code is amended to read:
60200. The state board shall adopt basic instructional materials
for use in kindergarten and grades 1 to 8, inclusive, for governing
boards, subject to the following provisions:
(a) The state board shall adopt at least five
six basic instructional materials for all applicable grade
levels in each of the following categories:
(1) Language arts, including, but not limited to, spelling and
reading. However, the state board may shall
not adopt basic instructional materials in this category or the
category specified by paragraph (2) in the year succeeding the year
in which the state board adopts basic instructional materials in this
category for the same grade level.
(2) Mathematics. However, the state board may
shall not adopt basic instructional materials in this
category or the category specified by paragraph (1) in the year
succeeding the year in which the state board adopts basic
instructional materials in this category for the same grade level.
(3) Science.
(4) Social science.
(5) Bilingual or bicultural subjects.
(6) Physical education.
(6)
(7) Any other subject, discipline, or interdisciplinary
areas for which the state board determines the adoption of
instructional materials to be necessary or desirable.
(b) The state board shall adopt procedures for the submission of
basic instructional materials in order to comply with each of the
following:
(1) Instructional materials may be submitted for adoption in any
of the subject areas pursuant to paragraphs (1) to (5)
(6) , inclusive, of subdivision (a) not less
than two times every six years and in any of the subject areas
pursuant to paragraph (6) (7) of
subdivision (a) not less than two times every eight years. The state
board shall ensure that curriculum frameworks are reviewed and
adopted in each subject area consistent with the six- and eight-year
submission cycles and that the criteria for evaluating instructional
materials developed pursuant to subdivision (b) of Section 60204 are
consistent with subdivision (c). The state board may prescribe
reasonable conditions to restrict the resubmission of materials that
have been previously rejected if those resubmitted materials have no
substantive changes.
(2) Submitted instructional materials shall be adopted or rejected
within six months of the submission date of the materials pursuant
to paragraph (1), unless the state board determines that a longer
period of time, not to exceed an additional three months, is
necessary due to the estimated volume or complexity of the materials
for that subject in that year, or due to other circumstances beyond
the reasonable control of the state board.
(c) In reviewing and adopting or recommending for adoption
submitted basic instructional materials, the state board shall use
the following criteria , and ensure that, in its
judgment, the submitted basic instructional materials meet all of the
following criteria:
(1) Are consistent with the criteria and the standards of quality
prescribed in the state board's adopted curriculum framework. In
making this determination, the state board shall consider both the
framework and the submitted instructional materials as a whole.
(2) Comply with the requirements of Sections 60040, 60041, 60042,
60043, 60044, 60048, 60200.5, and 60200.6, and the state board's
guidelines for social content.
(3) Are factually accurate and incorporate principles of
instruction reflective of current and confirmed research.
(4) Adequately cover the subject area for the grade level or
levels for which they are submitted.
(5) Do not contain materials, including illustrations, that
provide unnecessary exposure to a commercial brand name, product, or
corporate or company logo. Materials, including illustrations, that
contain a commercial brand name, product, or corporate or company
logo may shall not be used unless the
district governing board determines that the use of the
commercial brand name, product, or corporate or company logo is
appropriate based on one of the following specific findings:
(A) If text, the use of the commercial brand name, product, or
corporate or company logo in the instructional materials is necessary
for an educational purpose, as defined in the guidelines or
frameworks adopted by the state board.
(B) If an illustration, the appearance of a commercial brand name,
product, or corporate or company logo in an illustration in
instructional materials is incidental to the general nature of the
illustration.
(6) Meet other criteria as are established by
the state board as being necessary to accomplish
the intent of Section 7.5 of Article IX of the California
Constitution and of Section 1 of Chapter 1181 of the Statutes of
1989, provided that the criteria are approved by resolution at the
time the resolution adopting the framework for the current adoption
is approved, or at least 30 months prior to the date that the
materials are to be approved for adoption.
(d) If basic instructional materials are rejected, the state board
shall provide a specific, written explanation of the reasons why the
submitted materials were not adopted, based upon one or more of the
criteria established under subdivision (c). In providing this
explanation, the state board may use, in whole or in part, materials
written by the commission or any other advisers to the state board.
(e) The state board may adopt fewer than five basic instructional
materials in each subject area for each grade level if either of the
following occurs:
(1) Fewer than five basic instructional materials are submitted.
(2) The state board specifically finds that fewer than five basic
instructional materials meet the criteria prescribed by paragraphs
(1) to (5), inclusive, of subdivision (c), or the materials fail to
meet the state board's adopted curriculum framework. If the state
board adopts fewer than five basic instructional materials in
any a subject for any
a grade level, the state board shall conduct a
review of the degree to which the criteria and procedures used to
evaluate the submitted materials for that adoption were consistent
with the state board's adopted curriculum framework.
(f) This section does not limit the authority of the state board
to adopt materials that are not basic instructional materials.
(g) If a district board establishes to the satisfaction of the
state board that the state-adopted instructional materials do not
promote the maximum efficiency of pupil learning in the district, the
state board shall authorize that district governing board to use its
instructional materials allowances to purchase materials as
specified by the state board, in accordance with standards and
procedures established by the state board.
(h) Consistent with the quality criteria for the state board's
adopted curriculum framework, the state board shall prescribe
procedures to provide the most open and flexible materials submission
system and ensure that the adopted materials in each subject, taken
as a whole, provide for the educational needs of the diverse pupil
populations in the public schools, provide collections of
instructional materials that illustrate diverse points of view,
represent cultural pluralism, and provide a broad spectrum of
knowledge, information, and technology-based materials to meet the
goals of the program and the needs of pupils.
(i) Upon making an adoption, the state board shall make available
to listed publishers and manufacturers and all school interests a
listing of instructional materials, including the most current unit
cost of those materials as computed pursuant to existing law. Items
placed upon lists shall remain thereon, and be available for
procurement through the state's systems of financing, from the date
of the adoption of the item and until a date established by the state
board. The date established by the state board for
continuing items on that list shall be the date on which the state
board adopts instructional materials based upon a new or revised
curriculum framework. Lists of adopted materials shall be made
available by subject and grade level. The lists shall terminate and
shall no longer be effective on the date prescribed by the state
board pursuant to this subdivision.
(j) The state board may approve multiple lists of instructional
materials, without designating a grade or subject, and the state
board may designate more than one grade or subject whenever it
determines that a single subject designation or a single grade
designation would not promote the maximum efficiency of pupil
learning. Any materials Materials so
designated may be placed on single grade or single subject lists, or
multigrade or interdisciplinary lists, or may be placed on separate
lists including other materials with similar grade or subject
designations.
(k) A composite listing in the format of an order form may be used
to meet the requirements of this section.
(l) The lists maintained pursuant to this section shall not be
deemed to control the use period by any school district.
(m) The state board shall give publishers the opportunity to
modify instructional materials, in a manner provided for in
regulations adopted by the state board, if the state board finds that
the instructional materials do not comply with paragraph (5) of
subdivision (c).
(n) This section does not prohibit the publisher of instructional
materials from including whatever corporate name or logo on the
instructional materials that is necessary to provide basic
information about the publisher, to protect its copyright, or to
identify third-party sources of content.
(o) The state board may adopt regulations that provide for other
exceptions to this section, as determined by the state
board.
(p) The Superintendent shall develop, and the state board shall
adopt, guidelines to implement this section.
SEC. 8. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.