BILL ANALYSIS
AB 2705
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Date of Hearing: April 7, 2010
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 2705 (Hall) - As Introduced: February 19, 2010
SUBJECT : Education: physical education.
SUMMARY : Requires specified time requirements for moderate to
vigorous physical activity (MVPA) for pupils in physical
education (PE) courses and pupils participating in the After
School Education and Safety Program (ASES). Specifically, this
bill :
1)States the intent of the Legislature to increase the
flexibility of joint use policies and practices that will
allow schools and communities to optimize resources, share
costs, and identify creative solutions to increase access to
safe places to play and exercise.
2)Adds, beginning on January 1, 2013, physical fitness that will
include at least 30 minutes of MVPA utilizing the California
After School Physical Activity (CASPA) Guidelines as an
additional required component of the ASES program.
3)Requires the application for ASES program funds to specify
that the program will provide opportunities for physical
activity that will include at least 30 minutes of MVPA
utilizing the CASPA Guidelines beginning on January 1, 2013.
4)Requires, by January 1, 2013, at least 50% of the time spent
in PE to be spent in MVPA within the context of the PE content
standards and framework as adopted by the State Board of
Education (SBE), for pupils in grades 1-12.
EXISTING LAW :
1)Establishes the Joint-Use Facilities program within the School
Facility Program for both school and community purposes to
improve academic achievement; establishes criteria for
eligibility for education bond funds for this purpose,
including a required local match; and specifies that an
eligible joint-use project includes a multipurpose room,
gymnasium, child care facility, library, or teacher education
facility. (Education code (EC) 17077.40-17077.45)
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2)Establishes the ASES program through the 2002 voter approved
initiative, Proposition 49, which funds the establishment of
local after school education and enrichment programs, which
are created through partnerships between schools and local
community resources to provide literacy, academic enrichment
and safe constructive alternatives for students in
kindergarten through ninth grade. (EC 8482-8484.6)
3)Requires the ASES program to have an educational and literacy
element in which tutoring or homework assistance is provided
in specified content areas and an educational enrichment
element that may include, but is not limited to, fine arts,
career technical education, recreation, physical fitness, and
prevention activities. (EC 8482.3)
4)Requires the California Department of Education (CDE) to, by
July 1, 2009, develop and distribute voluntary guidelines for
physical activity programs that expand the learning
opportunities of the schoolday. (EC 8484.8)
5)Requires, as a condition of graduation, pupils in grades 9 to
12 to complete 2 courses in PE, unless otherwise exempted.
(EC 51225.3)
6)Requires pupils in grades 7 to 12, except those exempted, to
attend courses of PE for not less than 400 minutes each 10
schooldays. (EC 51222)
7)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
time of not less than 200 minutes each 10 schooldays,
exclusive of recesses and the lunch period. (EC 51210)
8)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. (EC
51223)
FISCAL EFFECT : Unknown
COMMENTS : This bill is sponsored by Governor Arnold
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Schwarzenegger and is part of his initiative to fight obesity
and promote healthy living. According to Governor
Schwarzenegger, after school programs provide the opportunity
for youth to achieve the recommended daily dose of physical
activity in a safe environment, but the ASES program includes
physical activity as an optional element under the education
enrichment component. Further, MVPA in PE classes has the
greatest potential for increasing health benefits for the most
students and contributes to obesity prevention while improving
self-esteem and concentration. California requires all students
to participate in PE classes for a specified number of minutes
per every 10 days, but studies show that students spend as
little as four of every thirty minutes of MVPA in PE classes.
Moreover, schools that have participated in the Governor's
Fitness Challenge have seen benefits to their students, from
increased test and Academic Performance Index (API) scores to
improved levels of fitness.
Trends in California . The CDE, in a study of 954,000 students
in public schools in California, found a positive correlation
between physical activity and academic achievement. The
Stanford Achievement Test Ninth Edition measured academic
achievement, and CDE used various fitness tests (i.e.
cardiovascular endurance) as an indicator of student physical
activity. Even when CDE controlled for socioeconomic status,
the results were the same. According to the author, Delano
Union School District in Kern County implemented a
standards-based PE curriculum in middle and elementary schools
which focused on maximizing MVPA. The Fitnessgram passage rates
improved dramatically in just three years and API Scores
increased as well, even when time was taken away from academic
instruction.
Moderate to Vigorous Physical Activity . The PE content
standards provide that "moderate-intensity physical activity
generally requires sustained rhythmic movements and refers to a
level of effort a healthy individual might expend while, for
example, walking briskly, dancing, swimming, or bicycling on
level terrain. A person should feel some exertion but should be
able to carry on a conversation comfortably during the
activity." The PE content standards also provide that
"vigorous-intensity physical activity generally requires
sustained, rhythmic movements and refers to a level of effort a
healthy individual might expend while, for example, jogging,
participating in high-impact aerobic dancing, swimming
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continuous laps, or bicycling uphill. Vigorous-intensity
physical activity may be intense enough to result in a
significant increase in heart and respiration rate."
This bill requires, beginning January 1, 2013, after school
programs to provide at least 30 minutes of MVPA utilizing the
CASPA Guidelines. The bill also requires at least 50% of time
spent in PE, for pupils in grades 1-12, to be MVPA within the
context of the PE content standards and framework. The bill
also declares Legislative intent to increase the flexibility of
joint use policies and practices.
Joint-Use Facilities Program. AB 16 (Hertzberg), Chapter 33,
Statutes of 2002, established the Joint-Use program and
allocated $50 million each from Proposition 47, passed by voters
in 2002, and Proposition 55, passed by voters in 2004. AB 16,
developed by a Senate and Assembly conference committee, limited
the use of joint-use funds to a multipurpose room, gymnasium,
child care facility, library, or teacher education facility.
The bill also required the projects to be part of the
schoolsite, and limited joint-use partners to governmental
agencies, public community colleges, public colleges or
universities, or nonprofit organizations approved by the State
Allocation Board (SAB). All funds from Proposition 47 and
Proposition 55 have been apportioned.
Proposition 1D, the Kindergarten-University Public Education
Facilities Bond Act of 2006, passed by voters in November, 2006,
provided $29 million for this purpose and authorized the
transfer of $21 million from unused Leased Purchase Program
funds for joint-use projects. Proposition 1D also authorized
the transfer of any remaining funds derived from the sale of
bonds issued before January 1, 2006 to be transferred to any
education bond funded program. The SAB has increased the
program by a total of $29 million through this authorization.
As of February 2010, all funds have been apportioned or reserved
for future apportionments. This bill currently contains
Legislative intent to increase the flexibility of joint use
policies and practices.
According to the author, in California, one out of four
adolescents report having no access to a safe park, playground,
or open space, while more than 1.5 million children in Los
Angeles county do not live within walking distance of a public
park. According to the federal Centers for Disease Control and
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Prevention, increasing access to locations for physical activity
can result in a 25% increase in the number of individuals who
exercise at least three times per week. Background information
provided by the author's office states that the Joint-Use
Facilities Program contains a number of barriers which prohibit
communities, especially "low-resource communities", from
applying for funding or developing joint use projects. The
author does not provide specific information regarding those
barriers. Since all education bond funds for joint use projects
are depleted, any changes to the Joint-Use Facilities Program
should be proposed in relation to a future bond measure.
ASES program. The ASES program, passed by voters as Proposition
49 in 2002, provide almost $550 million for before and after
school programs for 400,000 students in kindergarten through
grade 9. In fiscal year 2009-10, 371 grants were awarded
predominantly to districts and county offices of education, with
some grants going to local governments and nonprofit
organizations working in partnership with local educational
agencies. Current law specifies a maximum of $112,500 for an
elementary school and $150,000 maximum for a middle or junior
high school, based on $7.50 per day per pupil attendance. Large
schools receive supplemental grants. After school programs must
commence right after school and at least until 6 p.m. for 15
hours per week. There are two program requirements as follows:
1)An educational and literacy component in which tutoring and
homework assistance is provided to help students meet state
standards in one or more of the following core academic
subjects: reading/language arts, math, history and social
studies, or science.
2)An educational enrichment component that reinforce and
complement the school's academic program and may include, but
is not limited to, positive youth development strategies,
recreation and prevention strategies. Such activities may
include but is not limited to visual and performing arts,
music, career technical education (CTE), recreation, physical
fitness and prevention activities, and other youth development
activities based on student needs and interests.
This bill adds a third component of physical fitness that
includes at least 30 minutes of MVPA using the CASPA Guidelines.
The bill is unclear on the context of the 30 minutes; committee
staff assumes the author and sponsor intend the bill to require
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30 minutes per day. The CASPA Guidelines, developed as a
requirement by SB 638 (Torlakson and Ashburn), Chapter 380,
Statutes of 2006, was released in 2009 by CDE, in partnership
with the California After School Resource Center. The document
opines that after school programs can fill the gap for no or
little MVPA during school hours. Specifically, the Guidelines
recommend after school programs to offer a minimum of 30 to 60
minutes of daily MVPA, but suggest that it is reasonable for
after school programs to provide 30 minutes of MVPA per day.
The Guidelines recommend ensuring access to various types of
indoor and outdoor facilities that can accommodate multiple
types of activities, including the use of classrooms;
multi-purpose rooms; soccer, baseball, and other playfields;
parks; and other community facilities that can be achieved
through joint-use agreements. The Guidelines also make
recommendations in the areas of collaboration with students and
community to establish policies regarding physical activities,
training, coordination with PE during the regular school day,
and limiting "screen time" (television, computer, playing video
games) to 60 minutes per after school session.
The language in the bill can be interpreted in two ways, either
requiring the provider to offer 30 minutes of MVPA or requiring
the student to engage in 30 minutes of MVPA. According to the
Governor's office, the intent of this bill is to make ASES
funding contingent upon students' participation in MVPA. This
raises a number of questions. How would after school program
providers account for each student's participation? Will there
be new reporting requirements? ASES is a voluntary program.
What is the ramification if a student refuses to engage in MVPA
or engage in MVPA for 30 minutes? Providers currently have
flexibility to devise programs they deem are best suited for the
pupils in their program, as long as they meet the two required
program parameters. Physical fitness is one of the activities
under the educational enrichment component. Should the
Legislature make one or more of the authorized activities a
required component, rather than allowing the providers to
determine which of the educational enrichment component work
best and are the most attractive to the students they serve?
The Committee may wish to consider whether providers should
continue to have flexibility. One way to address the accounting
and reporting issue is to require MVPA to be offered, rather
than requiring providers to account for pupil participation.
The Partnership for Children and Youth (The Partnership)
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expresses concerns with mandating a specific activity for a
specified amount of time. The Partnership states that "programs
are already bearing the burden of compensating for many
reductions in services during the school day without increases
in funding. This mandate will result in increased cost for many
programs?." Furthermore, because after school programs are
voluntary, it is critical that providers have the flexibility to
offer education and enrichment activities that students find
appealing in order to encourage regular attendance. "A mandated
period of time for physical activity with strict parameters
attached could stifle this creativity and harm programs and
their participants," The Partnership states.
Physical Education vs. Physical Activity . Is PE the same as
physical activity? Is physical activity the goal of PE?
According to the National Association for Sport and Physical
Education, the unique goals of physical education are the
development of physical competence (movement skills),
health-related fitness, cognitive understanding (of the
principles of physical activity), and a positive attitude toward
physical activity. Physical activity is generally considered to
be a broad term used to describe all forms of large muscle
movements including sports, dance, games, work, lifestyle
activities, and exercise for fitness.
According to the author, while California law requires students
to spend either 200 or 400 minutes in PE every 10 school days,
studies show that very little PE time is actually spent in
physical activity. MVPA is essential for reducing obesity and
obesity-related diseases, such as diabetes and heart disease.
According to Journal of Medical & Science in Sports & Exercise
almost 50% of elementary students and more than 90% of
adolescents do not get the recommended 60 minutes of MVPA per
day. The SBE has adopted guidelines for incorporating MVPA in
PE and after-school programs, and a number of schools in the
state have incorporated these guidelines into their programs,
leading to improved student fitness and academic achievement.
The committee should consider whether requiring 50% of PE to be
spent in MVPA 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 minutes, as
compared to the other subject areas? For example, would it be
appropriate to require reading language arts classes to spend
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50% of their class time reading? Reading is certainly a part of
reading language arts, but is it appropriate for the state to be
so prescriptive as to require 50% of the class time be spent
reading?
Physical Education Content Standards, Framework & Regulation .
This bill requires at least 50% of time spent in PE to be spent
in MVPA within the context of the PE content standards and
framework. The committee should consider whether it is
appropriate to require schools to align PE courses to the PE
content standards and framework, when that requirement does not
exist for other subject areas.
The PE 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,
knowledge of psychological and sociological concepts that apply
to physical activity, among others. The content standards
suggest moderate to vigorous physical activity for sustained
periods of time 3-4 days per week in grades K-8 and 4 days per
week in high school. 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 physical education programs
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,
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aquatics, gymnastics and tumbling, individual and dual sports,
rhythms and dance, team sports, and combatives for boys.
Arguments in Support. The American Diabetes Association
"believes that schools should serve as models of healthy
behavior encouraging both physical activity and proper
nutrition. The Association believes that increasing access to
safe facilities for community recreation and exercise and
increasing the requirements for physical activity for California
students participating in physical education and after school
programs is a positive step toward improving the health of
students and communities."
Arguments in Opposition . The California Federation of Teachers
states that it does not oppose the effect of the bill, but is
concerned that the imposition of time requirements for MVPA for
PE and after school programs is too prescriptive and
unnecessary.
Committee suggested amendments:
1)Should the committee chooses to pass this bill with the 30
minutes requirement for the ASES program, staff recommends
clarifying that the 30 minutes is per day and that ASES
grantees are not required to document each student's
participation.
2)The bill requires ASES programs to follow the CASPA guidelines
for MVPA, but the document does not define MVPA. Specify in
the provisions of the bill related to the ASES program that
MVPA is within the context of the PE model content standards.
3)The bill requires the MVPA requirements to begin on January 1,
2013 for ASES programs and by January 1, 2013 for PE classes.
Staff recommends specifying, for both provisions, that the
requirements shall commence by the start of the 2013-14 school
year.
Related legislation : AB 2298 (Torlakson) pending in the
Assembly Education Committee, requires the CDE to periodically
update rules and regulations in PE consistent with the SBE
adopted content standards; requires high school PE instruction
to include specified topics consistent with the content
standards; deletes the requirement for K-8 schools to provide PE
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instruction for at least 200 minutes each 10 school days;
changes the requirements for the Golden State Seal Merit
Diploma; and, requires the SBE to adopt instructional materials
for PE.
AB 1831 (Solorio), pending in the Assembly Education Committee,
directs 24%, or $132,000,000 each year, whichever is greater, of
ASES program funds for English learners that meet specified
criteria, including that the program provide instruction and
practice in academic lessons that increase knowledge and usage
of the English language, establish programs and learning
strategies that support English learners, and provide the staff
with professional development designed to improve instruction to
English learners.
SB 898 (Ashburn), pending in the Senate Appropriations
Committee, establishes minimum ASES program grant amounts for
small schools.
Previous legislation: AB 346 (Torlakson), introduced in 2009,
expands the type of projects, partners, and local contribution
that are allowed by the Joint-Use Facilities Program. This bill
is pending in the Senate Appropriations Committee.
AB 351 (Salas) introduced in 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
physical education high school graduation requirement.
AB 554 (Furutani) introduced in 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
physical education graduation requirement courses with CTE
courses. This bill was held in the Assembly Appropriations
Committee
AB 2843 (Karnette), vetoed by the Governor in 2008, would have
expanded the educational enrichment component of the ASES
program to include foreign languages.
REGISTERED SUPPORT / OPPOSITION :
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Support
American Diabetes Association
California Association for Health Physical Education, Recreation
and Dance
Los Angeles County Board of Supervisors
Opposition
California Federation of Teachers
Partnership for Children and Youth
Analysis Prepared by : Sophia Kwong Kim and Chelsea Kelley /
ED. / (916) 319-2087