BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2298
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          ASSEMBLY THIRD READING
          AB 2298 (Torlakson)
          As Amended  May 28, 2010
          Majority vote 

           EDUCATION           6-0         APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Brownley, Nestande,       |Ayes:|Fuentes, Ammiano,         |
          |     |Ammiano, Carter, Chesbro, |     |Bradford,                 |
          |     |Torlakson                 |     |Charles Calderon, Coto,   |
          |     |                          |     |Davis, Monning, Ruskin,   |
          |     |                          |     |Skinner, Solorio,         |
          |     |                          |     |Torlakson, Torrico        |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |Nays:|Conway, Harkey, Miller,   |
          |     |                          |     |Nielsen, Norby            |
           ----------------------------------------------------------------- 
           SUMMARY  :  Requires the California Department of Education (CDE)  
          to periodically update rules and regulations in physical  
          education (PE); and, requires high school PE instruction to be  
          consistent with the PE model content standards (PEMCS).   
          Specifically,  this bill  :  

          1)Requires CDE to periodically update rules and regulations  
            related to courses in PE in elementary and secondary schools  
            and to compile and print a PE manual for distribution to  
            teachers that is consistent with the Education Code (EC) and  
            the content standards adopted by the state board of education  
            (SBE).

          2)Requires high school PE courses to provide pupils with  
            instruction and assessment consistent with the PEMCS adopted  
            by the SBE.

          3)Deletes the reference to the PE exemptions in the high school  
            graduation requirements.

          4)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 PEMCS and the PE framework adopted by  
            the SBE; and, deletes the authorization for a teacher who has  








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            successfully completed one college level course in elementary  
            PE to be exempt from this professional development.

          5)Makes findings and 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.

          6)Makes findings and declarations that all children shall have  
            access to comprehensive PE as outlined in the EC, the PEMCS,  
            and the PE framework for California public schools.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, General Fund administrative costs, likely between  
          $100,000 and $150,000, to periodically update rules and  
          regulations for PE courses, as specified.

           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 EC and the PEMCS;  
          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 also requires  
          high school PE instruction to be consistent with existing PEMCS  
          and deletes a reference to the PE exemptions in the high school  
          graduation requirements.  

          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 five and six year old girls by as much as 10%  
          nationally, thereby decreasing their risk of being overweight as  
          adults.
           
           Physical education content standards & regulations:  This bill  
          requires high school PE to include instruction that is  
          consistent with the PEMCS.  The Assembly should consider whether  








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          it is appropriate to require schools to align PE courses with  
          the PEMCS, when that requirement does not exist for other  
          subject areas.  

          The PEMCS 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 PEMCS 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.  

          State regulation 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.  Under this bill, these  
          regulations would be periodically updated and aligned to the  
          PEMCS.

          Graduation requirement for PE:  Currently, two courses in PE are  
          required for high school graduation.  Several exemptions from  
          the PE requirement exist in the EC.  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 EC sections.  Therefore, this  
          statutory change is not substantive.

          According to the California Association for Health, Physical  
          Education, Recreation and Dance, that supports the bill, AB 2298  
          brings clarity to the EC 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  








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          instruction for our students. 
           

          Analysis Prepared by  :    Chelsea Kelley / ED. / (916) 319-2087 
                                                               FN:  0004670