BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Gloria Romero, Chair
2009-2010 Regular Session
BILL NO: AB 2298
AUTHOR: Torlakson
AMENDED: June 14, 2010
FISCAL COMM: Yes HEARING DATE: June 30, 2010
URGENCY: No CONSULTANT:Lynn Lorber
SUBJECT : Physical Education
KEY POLICY ISSUES
Should the California Department of Education be required to
periodically update rules and regulations relating to
physical education?
Should the California Department of Education ensure that a
teachers' manual in physical education be consistent with
content standards?
SUMMARY
This bill requires the California Department of Education 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.
BACKGROUND
Current law:
1) Requires the California Department of Education (CDE)
to:
a) Adopt rules and regulations necessary and
proper to secure the establishment of courses in PE
in elementary and secondary schools.
b) Compile and print a manual in PE for
distribution to teachers in California public
schools. (Education Code 33350)
2) States legislative intent that all pupils have access to
a high-quality, comprehensive, and developmentally
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appropriate PE program on a regular basis. (EC 51210)
3) States legislative intent, among other things, that
school districts with elementary schools provide each PE
teacher yearly theoretical practical training in
developmental PE, pursuant to the PE framework.
Teachers who have successfully completed one college
level course in elementary PE are exempted from this
provision. (EC 51210.2)
4) Requires the adopted course of study for grades 1-6 to
include PE for a minimum of 200 minutes every 10
schooldays. (EC 51210)
5) Requires pupils in grades 7-12 to attend PE courses for
a minimum of 400 minutes every 10 schooldays. (EC
51222)
The PE standards were developed in January 2005. The PE
frameworks were adopted by the State Board of Education (SBE)
on September 11, 2008.
ANALYSIS
This bill requires the CDE to periodically update rules and
regulations in PE and requires high school PE instruction to
be consistent with the PE model content standards and
requires high school PE instruction to be consistent with the
PE model content standards. Specifically, this bill:
1) Requires CDE to periodically update rules and
regulations necessary for the establishment of PE
courses in elementary and secondary schools that are
consistent with the Education Code and the content
standards adopted by the SBE.
2) Requires the PE teachers' manual compiled and printed by
the CDE to be consistent with requirements for PE
contained in the Education Code (such as the required
minimum minutes of instruction and credentialing
requirements) and the PE content standards.
3) Requires PE instruction in grades 7-12 to provide pupils
with instruction and assessment that is consistent with
the PE standards.
4) Makes changes to a provision that encourages schools to
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give priority for professional development to elementary
school PE teachers, to specify that professional
development is to be on the content, instruction and
assessment of learning PE. This bill also states that
priority should be given to teachers who have not
completed at least one college-level course in
elementary PE, while deleting an exemption from being
encouraged to receive training for teachers who have
completed at least one-college course in elementary PE.
5) Modifies existing legislative intent to state that PE
instruction should be as outlined in the PE standards
and framework, and the Education Code (such as the
required minimum minutes of instruction and
credentialing requirements).
STAFF COMMENTS
1) Need for the bill . According to the author, "The State
Board of Education adopted the model content standards
in 2005 and the physical education frameworks in 2009.
This bill asks that the CDE continue to periodically
address those rules and regulations moving forward so
that physical education in California remains modern and
relevant. Currently, due to budget cuts, many physical
education teachers are receiving pink slips, leaving
teachers with little or no physical education training
to teach PE. This bill ensures that those who are
teaching PE but have no training receive professional
development when it is available." The author also
cites data showing that physically fit children perform
better on academic tests, and that too few children and
teens get the recommended 60 minutes of physical
activity every day due to, among other things,
inadequate monitoring of PE programs, lack of
consistency across programs, and disparities among
schools.
2) Regulations . Regulations give more specific guidance to
schools regarding PE instruction than is provided in the
Education Code. Some PE regulations were developed many
years ago and have not been updated. Therefore, some
regulatory sections contain outdated references and
terminology, such as only referring to boys for certain
physical activities. This bill requires that rules and
regulations be updated periodically, allowing the CDE to
undertake this review when it deems appropriate.
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3) Teachers' manual . This bill modifies an existing
provision relative to a manual in PE for distribution to
public school teachers. This section was added to the
Education Code in 1976. Staff has been unable to
confirm that this teachers' manual is still compiled and
printed. Therefore, staff recommends an amendment to
delete the provisions relative to this teachers' manual.
4) Fiscal impact. Legislative Counsel has flagged this
bill as creating a mandate. According to the Assembly
Appropriations Committee, this bill imposes General Fund
administrative costs, likely between $100,000 and
$150,000, to periodically update rules and regulations
for PE courses.
SUPPORT
Association of California School Administrators
California Association for Health, Physical Education,
Recreation and Dance
OPPOSITION
None received.