BILL NUMBER: AB 2298 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2010
AMENDED IN ASSEMBLY MARCH 25, 2010
INTRODUCED BY Assembly Member Torlakson
FEBRUARY 18, 2010
An act to amend Sections 33350, 51210.1, 51210.2, 51225.3, 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 amended, 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 requires 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
consistent with the physical education model content standards,
as specified .
Because this provision would increase the duties of local
educational agencies, it would create a state-mandated local program.
(4) Existing law requires that each pupil complete specified
courses while in grades 9 to 12, inclusive, in order to receive a
diploma of graduation from high school. Two courses in physical
education are required, unless the pupil has been exempted.
This bill would delete the provision allowing a pupil to be
exempted from the physical education requirement.
(5) 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 at least by specifying that the
6 subject matter areas , which may include
mathematics, English language arts, social studies, physical
education, and either visual and performing arts or
foreign language .
(6) 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.
(7) 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 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) 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 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 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
pursuant to paragraph (2) shall report to the Superintendent 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 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 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
department in accordance with the coordinated compliance review
process.
(e) This section 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 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.
instruction and assessment consistent with the
physical education model content standards adopted by the
state board.
SEC. 5. Section 51223 of the Education Code is repealed.
SEC. 5.5. Section 51225.3 of the Education Code is amended to
read:
51225.3. (a) A pupil shall complete all of the following while in
grades 9 to 12, inclusive, in order to receive a diploma of
graduation from high school:
(1) At least the following numbers of courses in the subjects
specified, each course having a duration of one year, unless
otherwise specified:
(A) Three courses in English.
(B) Two courses in mathematics.
(C) Two courses in science, including biological and physical
sciences.
(D) Three courses in social studies, including United States
history and geography; world history, culture, and geography; a
one-semester course in American government and civics; and a
one-semester course in economics.
(E) One course in visual or performing arts or foreign language.
For the purposes of satisfying the requirement specified in this
subparagraph, a course in American Sign Language shall be deemed a
course in foreign language.
(F) Two courses in physical education.
(2) Other coursework requirements adopted by the governing board
of the school district.
(b) (1) The governing board, with the active involvement of
parents, administrators, teachers, and pupils, shall adopt
alternative means for pupils to complete the prescribed course of
study that may include practical demonstration of skills and
competencies, supervised work experience or other outside school
experience, career technical education classes offered in high
schools, courses offered by regional occupational centers or
programs, interdisciplinary study, independent study, and credit
earned at a postsecondary institution.
(2) Requirements for graduation and specified alternative modes
for completing the prescribed course of study shall be made available
to pupils, parents, and the public.
(c) Notwithstanding any other provision of law, a school district
shall exempt a pupil in foster care from all coursework and other
requirements adopted by the governing board of the district that are
in addition to the statewide coursework requirements specified in
this section if the pupil, while he or she is in grade 11 or 12,
transfers into the district from another school district or between
high schools within the district, unless the district makes a finding
that the pupil is reasonably able to complete the additional
requirements in time to graduate from high school while he or she
remains eligible for foster care benefits pursuant to state law. A
school district shall notify a pupil in foster care who is granted an
exemption pursuant to this subdivision, and, as appropriate, the
person holding the right to make educational decisions for the pupil,
if any of the requirements that are waived will affect the pupil's
ability to gain admission to a postsecondary educational institution
and shall provide information about transfer opportunities available
through the California Community Colleges.
SEC. 6. Section 51451 of the Education Code is amended to read:
51451. A 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, including mathematics, English language
arts, science, United States history, physical education, and
either visual and performing arts or foreign language
.
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 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 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 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.
(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 (6), inclusive, of
subdivision (a) not less than two times every six years and in any
of the subject areas pursuant to paragraph (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 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 established by the state board as
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 a
subject for 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. 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.