BILL ANALYSIS
AB 2298
Page 1
Date of Hearing: April 7, 2010
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 2298 (Torlakson) - As Amended: March 25, 2010
SUBJECT : Education: physical education.
SUMMARY : Requires the California Department of Education (CDE)
to periodically update rules and regulations in physical
education (PE) consistent with the state board of education
(SBE) adopted content standards; requires high school PE
instruction to include specified topics; deletes the requirement
for K-8 schools to provide PE instruction for at least 200
minutes each 10 school days; changes the requirements for the
Golden State Seal Merit Diploma (GSMD); and, requires the SBE to
adopt instructional materials for PE. Specifically, this bill :
1)Requires CDE to periodically update rules and regulations
related to courses in PE in elementary and secondary schools
consistent with the Education Code and the content standards
adopted by the SBE.
2)Requires CDE to compile and print a PE manual for distribution
to teachers that is consistent with the requirements for PE
outlined in the Education Code and the content standards
adopted by the SBE.
3)Requires high school PE instruction to provide pupils with
instruction and assessment in each of the following PE content
areas: 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.
4)Deletes the requirement that PE instruction in an elementary
school maintaining any of grades 1 to 8, to be for a total
period of time of not less than 200 minutes each 10
schooldays, exclusive of recesses and the lunch period.
5)Deletes the reference to the PE exemptions in the high school
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graduation requirements.
6)Changes the requirements for the GSMD to require students to
master six specified subjects including PE and visual and
performing arts.
7)Requires the SBE to adopt six basic instructional materials
(IM) for all applicable grade levels and adds PE to the list
of categories for required adoptions.
8)Encourages elementary schools composed of grades 1 to 6,
inclusive, to provide PE teachers professional development in
the content, instruction, and assessment of pupil learning in
PE, as set forth in the PE Model Content Standards and the PE
Framework adopted by the SBE; and, deletes the authorization
for a teacher who has successfully completed one college level
course in elementary PE to be exempt from this professional
development.
9)Makes Legislative declarations that, the 200 minute
requirement for PE instruction every 10 schooldays for
elementary pupils is a minimum and, recent studies have shown
that the vast majority of children are not physically active
enough to achieve measures of physical fitness that support
superior academic achievement and good health.
10)Declares Legislative intent that all children shall have
access to comprehensive PE as outlined in the Education Code,
the PE Model Content Standards, and the PE Framework for
California Public Schools.
EXISTING LAW :
1)Requires, as a condition of graduation, pupils in grades 9 to
12 to complete two courses in PE, unless otherwise exempted.
(Education code 51225.3)
2)Requires pupils in grades 7-12, except those exempted, to
attend courses of PE for not less than 400 minutes each 10
schooldays. (Education code 51222)
3)Requires the adopted course of study for grades 1 to 6,
inclusive, to include instruction in PE, with emphasis upon
the physical activities for the pupils that may be conducive
to health and vigor of body and mind, for a total period of
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time of not less than 200 minutes each 10 schooldays,
exclusive of recesses and the lunch period. (Education code
51210)
4)Requires, despite Sections 51210 and 51222, instruction in PE
in an elementary school maintaining any of grades 1 to 8 to be
for a total period of time of not less than 200 minutes each
10 schooldays, exclusive of recesses and the lunch period.
(Education code 51223)
5)Authorizes any pupil to be excused from PE classes during one
of grades 10, 11, or 12 for 24 hours in order to participate
in automobile driver training, but specifies that pupil shall
attend a minimum of 7,000 minutes of PE instruction during
such school year. (Education code 51222)
6)Authorizes the governing board of a school district or the
office of the county superintendent of schools to grant a
temporary exemption to a pupil from courses in PE, if the
pupil is ill or injured and a modified program to meet the
needs of the pupil cannot be provided; or, if the pupil is
enrolled for one-half, or less, of the work normally required
of full-time pupils. (Education code 51241)
7)Authorizes the governing board of a school district or the
office of the county superintendent of schools, with the
consent of a pupil, to grant a pupil an exemption from courses
in PE for two years any time during grades 10 to 12,
inclusive, if the pupil has met satisfactorily at least five
of the six standards of the physical performance test
administered in grade 9, 10, 11 or 12. (Education code 51241)
8)Requires a student who meets the following requirements to
qualify for a GSMD:
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
mathematics, English language arts, science, and United
States history, with the remaining two subject matter areas
selected by the student. (Education code 51451)
9)Requires the SBE to adopt five basic instructional materials
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for all applicable grade levels in each of the following
categories: language arts, including, but not limited to,
spelling and reading; mathematics; science; social science;
bilingual or bicultural subjects; and, any other subject,
discipline, or interdisciplinary areas for which the SBE
determines the adoption of instructional materials to be
necessary or desirable. (Education code 60200)
FISCAL EFFECT : Unknown
COMMENTS : This bill emphasizes the importance of PE by
requiring the CDE to periodically update the rules and
regulations relating to PE to align with the Education Code and
the PE Model content Standards, updates the PE teacher manuals
to reflect those changes, and encourages schools to provide K-6
PE teachers professional development that reflects those
changes. The bill requires high school PE instruction to
included specified topics consistent with existing content
standards and regulations. The bill deletes an existing
exemption for K-8 schools to provide 200 minutes of PE every 10
days and deletes a reference to the PE exemptions in the high
school graduation requirements. The bill requires the SBE to
adopt IM for PE in the same manner as other required subjects.
The bill also changes the requirements for earning the GSMD to
include student mastery in PE and visual and performing arts.
According to the author and data from the California Health
Interview Survey, only 30% of children and 15% of teens get the
recommended 60 minutes of physical activity every day. This
deficiency appears to be a result of numerous factors, including
inadequate monitoring of PE programs, lack of consistency across
programs, and disparities among schools. Researchers have
estimated that increasing PE instruction in kindergarten and
first grade by just one hour per week could reduce the number of
overweight 5- and 6-year-old girls by as much as 10% nationally,
thereby decreasing their risk of being overweight as adults.
Physical Education Content Standards, Framework & Regulation .
This bill requires PE instruction to include a number of
specific topics, some which are consistent with the PE content
standards, framework and regulations. The committee should
consider whether it is appropriate to codify specific
instructional topics required for a certain subject. The
committee should also consider whether it is appropriate to
require schools to align PE courses with the PE content
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standards, when that requirement does not exist for other
subject areas. Further, the committee should consider whether
requiring specific instructional topics for PE is too
prescriptive and doesn't allow for local flexibility based on
individual student needs. If we consider PE just like any other
content area, should the state be more prescriptive with regard
to PE instructional topics, as compared to the other subject
areas? If the author's intent is to guide the content of PE
instruction statewide, staff recommends the bill be amended to
require PE instruction to be consistent with the PE content
standards rather than list individual topics.
The PE model content standards provide guidance for developing
PE programs by identifying what each student in California
should know and be able to do at each grade level. The
standards highlight the fact that participation in physical
activity is not the same as learning the content in PE. The
content standards address a student's ability to demonstrate
motor skills, movement patterns, knowledge of physical fitness,
and knowledge of psychological and sociological concepts that
apply to physical activity, among others. Decisions about how
best to teach the standards are left to teachers, schools, and
local educational agencies.
The PE framework assists administrators and teachers with
instituting standards-based PE instruction and programs that are
effective for every student; and, provides instructional
suggestions for teachers on each standard at each grade level.
The framework describes the why, when, and how of assessing
student learning and presents detailed examples of different
types of assessment. Focusing on the tools for standards-based
instruction, the framework highlights the instructional content
of the model content standards, student assessments,
instructional considerations, universal access, support, and
instructional resources.
State regulation also specifies that school districts shall
judge the quality of a high school PE 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.
Graduation Requirement for PE . Currently, two courses in PE are
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required for high school graduation. Several exemptions from
the PE requirement exist in current code. This bill deletes the
reference to the PE exemptions in the high school graduation
requirements, but does not delete the exemptions. According to
Legislative Counsel, deleting this reference to the exemptions
in the high school graduation requirement section of the code
has no substantive effect on the existing PE exemptions, since
the exemptions are in different code sections. Therefore, this
statutory change is not substantive.
PE in K-8 Schools . Existing law specifies that PE in grades K-6
shall be no less than 200 minutes every 10 days and for grades
7-12 shall be no less than 400 minutes every 10 days. Existing
law also provides an exemption for K-8 schools to provide no
less than 200 minutes every 10 days, thereby lowering the
required PE minutes for students in grades 7 & 8 in K-8 schools.
This bill proposes to eliminate that exemption. Because data
is lacking in this area, it is unclear how many K-8 schools will
be required to change their existing practice based on the
elimination of this exemption.
Golden State Seal Merit Diploma . Currently students who earn
the GSMD are authorized to choose two of the six required
subjects for mastery. In addition to the existing requirements,
this bill proposes to require students to master PE and visual
performing arts in order to earn a GSMD. Currently students
demonstrate mastery by achieving specific scores on the
California Standards Test (CST) in each of the required
subjects. Since a CST does not exist for PE or visual and
performing arts, CDE will be required to establish a method for
students to demonstrate mastery in those subjects. Under the
provisions of this bill, in order to earn a GSMD, students would
need to attain mastery in nearly all subjects required for
graduation. The existing graduation requirements, however,
allow a student to choose between visual and performing arts and
foreign language. The requirements of this bill would require a
student attain mastery in visual and performing arts, when the
graduation requirements allow that student to choose between the
two subject areas. The committee should consider whether to
make the requirements for the GSMD identical to the high school
graduation requirements by giving the student a choice between
the two subjects, or require mastery in visual performing arts
alone.
Instructional Materials Adoption Process . The current process
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for reviewing and adopting K-8 IM involves many agencies and
groups. The first step in the process is the development or
revision of curriculum frameworks and evaluation criteria in the
subject area of adoption. A Curriculum Framework and Criteria
Committee (CFCC) is selected to draft the framework and present
it to the Curriculum Development and Supplemental Materials
Commission (Curriculum Commission). The Curriculum Commission
Subject Matter Committee (SMC), which is separate from the CFCC,
conducts a field review process and makes necessary revisions
before approving the framework and criteria and before
submitting this document to the SBE for approval. The time
involved for this process is approximately 18 months. Upon
adoption of the framework and criteria publishers are invited to
submit materials for adoption and textbooks are required to be
adopted by the SBE 30 months after the approval of the framework
and evaluation criteria.
The process for reviewing IM involves the selection of IM
reviewers and content experts who will review the materials for
standards alignment and content accuracy in conformity with the
framework and criteria. The Curriculum Commission, through an
application process, selects individuals to serve in the review
of the IM. Training is provided to the content experts and
reviewers in preparation for the review and subsequent
deliberation sessions. A report of findings is submitted by the
reviewers to the Curriculum Commission which may include a
recommendation for adoption, adoption with minor corrections and
edits, adoption for a narrower range of grade levels than
requested by the publisher, or rejection. The Curriculum
Commission simultaneously reviews all submitted programs and
once recommendations are submitted by the content experts and
reviewers, the Commission holds a public meeting prior to
submitting its recommendations to the SBE. Both the
recommendations from the Curriculum Commission and from and the
field reviewers are submitted to the SBE for final action. The
legal compliance review, also known as the "social content
review," is conducted simultaneously to the content review to
ensure that all instructional resources used in California
public schools are in compliance with the Education Code
requirements and guidelines adopted by CDE.
IM adoptions are currently suspended until the 2013-14 school
year and until then, districts are not required to purchase new
books. Once the adoptions start again, the annual purchasing
cycle will likely begin again, although a process has not
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formally been established for the transition out of the current
IM adoption suspension.
In the current adoption schedule, school districts are required
to purchase materials nearly every year, and in some years there
are two required adoptions. This bill adds another adoption to
an already crowded adoption cycle schedule. The committee
should consider whether it is necessary or appropriate to
require school districts to purchase IM for PE during the
state's budget crisis.
According to the California Association for Health, Physical
Education, Recreation and Dance, that supports the bill, AB 2298
brings clarity to the Education Code sections that address PE,
thus bringing further leadership for this important component of
each student's instructional program. In addition, AB 2298
renews monitoring requirements for compliance with federal and
state requirements for PE instruction in California schools.
This will provide both guidance and accountability for quality
PE instruction for our students.
Committee Amendments : Instead of codifying specific topics to
be included in PE instruction, that are consistent with the PE
content standards and regulations, staff recommends the bill be
amended to require PE instruction and assessment that is
consistent with the PE content standards. This will allow for
changes in the content standards without the need to change
state statute. Further, staff recommends the bill be amended to
allow students to choose between mastery of visual and
performing arts and foreign language for the GSMD, to maintain
consistency with existing high school graduation requirements.
Related legislation : AB 2705 (Hall), pending in the Assembly
Education Committee, requires specified time requirements for
moderate to vigorous physical activity (MVPA) for pupils in PE
courses and pupils participating in the After School Education
and Safety Program (ASES). This bill is currently pending a
hearing in the Assembly Education Committee on April 7, 2010.
Previous legislation : AB 351 (Salas) from 2009, which was
re-referred to the Assembly Education Committee, authorized, as
an urgency measure, the governing board of a school district
that provides specified courses or programs to exempt any pupil
participating in such a course or program from attending courses
of PE and from the PE high school graduation requirement.
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AB 554 (Furutani) from 2009 authorized a pupil, with the consent
of his or her parent or guardian and with the concurrence of the
governing board of the school district, to replace foreign
language, visual and performing arts and PE graduation
requirement courses with career technical education (CTE)
courses. This bill was held in the Assembly Appropriations
Committee
REGISTERED SUPPORT / OPPOSITION :
Support
Alameda County Office of Education
American Sports Institute
California Association for Health, Physical Education,
Recreation and Dance (CAHPERD)
Communities Adolescents Nutrition and Fitness (CANFIT)
League of California Afterschool Providers
Partnership for Children and Youth
Public Advocates
Opposition
Association of California School Administrators
Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087