BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2705
                                                                  Page  1

          Date of Hearing:   April 28, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 2705 (Hall) - As Amended:  April 14, 2010 

          Policy Committee:                              Education  
          Vote:7-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              Yes

           SUMMARY  

          This bill requires specified time periods to be spent on  
          specific physical fitness activities in the After School  
          Education and Safety (ASES) program and as part of physical  
          education (PE) instruction in grades 1-12 by the beginning of  
          the 2013-14 school year, as specified.  Specifically, this bill:  


          1)Requires a physical fitness element of the ASES program, by  
            the beginning of the 2013-14 school year, to include at least  
            30 minutes per day of moderate to vigorous physical activity  
            as defined in the PE Model Content Standards and PE Framework  
            adopted by the State Board of Education (SBE).  

          2)Authorizes an ASES program to utilize the California After  
            School Physical Activity (CASPA) Guidelines to design the  
            physical fitness element.  

          3)Specifies an ASES program is not required to report to the  
            State Department of Education (SDE) each pupil's participation  
            in physical fitness. 

          4)Requires 50% of PE instruction in grades 1-12 be spent in  
            moderate to vigorous physical activity as defined in the PE  
            content standards and framework adopted by SBE.    

           FISCAL EFFECT  

          1)Potential GF/98 state reimbursable mandated costs, likely  
            between $700,000 and $2.5 million, to require 50% of PE  
            instruction in grades 1-12 be spent in moderate to vigorous  








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            physical activity as defined in the PE content standards and  
            framework adopted by SBE.  Actual costs will depend on size  
            and types of claims districts submit to the Commission on  
            State Mandates to implement this measure.  There are 5.8  
            million pupils enrolled in grades 1-12.      

          2)GF/98 cost pressure at least $1 million to provide  
            professional development to ASES program staff on 30 minutes  
            per day of moderate to vigorous physical activity, as  
            specified.  There are approximately 200,000 ASES program  
            staff.     

            The 2009 Budget Act allocated $547 million for the ASES  
            program, which provides 400,000 slots each day to elementary  
            and middle school children.  This program is one of four  
            categorical programs funded entirely with GF/98 monies that  
            did not receive a 19.8% reduction.  Likewise, the ASES program  
            is one of 21 categorical programs that are not included in the  
            budget flexibility.  Therefore, local education agencies  
            (LEAs) cannot redirect this funding for any other educational  
            purpose.
           COMMENTS  

           1)Purpose  .  In September 2009, the California School Boards  
            Association (CSBA) released a research brief entitled:  
            Physical Activity and PE in California Schools.  The brief  
            states: "Research shows that students who participate in daily  
            physical activity exhibit a more positive attitude towards  
            school, better attendance and increased academic performance.  
            However, children are less physically active than ever before.  
            Nearly 40 percent of California children are not physically  
            fit, and the prevalence of obesity among school-age children  
            has more than doubled for children aged 6-11 years (from 7  
            percent to 17 percent) and more than tripled for children aged  
            12-19 years (from 5 percent to 18 percent) in the past 30  
            years."  

            According to the author, "Childhood obesity rates have  
            skyrocketed in California.  Over 33% of adolescents ages 12 to  
            17 years old, and one in three California children ages 9-11  
            years old are at risk of becoming overweight.  A combination  
            of poor diet and lack of physical activity has caused these  
            children to be at greater risk of major chronic diseases such  
            as diabetes, heart disease, and cancer when reaching  
            adulthood.  [This bill] is a multi-track approach to combat  








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            child obesity by requiring K-12 students enrolled in PE  
            courses to spend at least 50% of the class time in moderate to  
            vigorous physical activity and require after school programs  
            utilizing Proposition 49 funds to incorporate at least 30  
            minutes of moderate to vigorous physical activity."     

            This bill is sponsored by the governor.  

           2)Current law  requires pupils in grades 9-12 to complete two PE  
            courses in order to receive a high school diploma.  Statute  
            also requires PE instruction for not less than 200 minutes  
            every 10 school days for pupils in grades K-6.  Pupils in  
            grades 7-12, inclusive, are required to attend PE courses for  
            not less than 400 minutes every 10 schooldays.  Pupils in  
            grades 1-8 attending an elementary school are required to  
            receive PE instruction for a total period of time not less  
            than 200 minutes every 10 schooldays.  This bill requires 50%  
            of PE instruction in grades 1-12 be spent in moderate to  
            vigorous physical activity as defined in the PE content  
            standards and framework adopted by SBE.    


            AB 1793 (Migden), Chapter 943, Statutes of 2002, requires SDE  
            to monitor the number of hours of physical education  
            instruction offered to pupils in grades 1 to 12, inclusive. It  
            also requires the SBE to adopt content standards for PE. 


            Statute also requires school districts to administer an annual  
            physical fitness test, designated by the SBE, to all fifth,  
            seventh, and ninth graders annually. The physical fitness test  
            designated for California public school students is the  
            FITNESSGRAM, developed by The Cooper Institute. The test  
            assesses six major fitness areas, including aerobic capacity  
            (cardiovascular endurance), body composition (percentage of  
            body fat), abdominal strength and endurance, trunk strength  
            and flexibility, upper body strength and endurance, and  
            overall flexibility. 

           3)The PE content standards  , established pursuant to Chapter 943,  
            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  








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            to carry on a conversation comfortably during the activity."   
            The standards also state: "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 continuous laps, or bicycling  
            uphill. Vigorous-intensity physical activity may be intense  
            enough to result in a significant increase in heart and  
            respiration rate." 

           4)LEA challenges in addressing physical activity and PE  .  CSBA's  
            research is based on an online survey sent to 2,669 California  
            school board members.  The survey yielded 339 responses for a  
            response rate of 13%. The survey data included responses from  
            school districts and county offices of education (COEs) of  
            various sizes and income levels in every geographic region  
            throughout the state.  This survey asked board members to  
            identify important barriers and challenges in addressing  
            physical activity and PE instruction.  The research brief  
            states: "the three key barriers respondents identified as  
            'very significant' and 'somewhat significant' were impact on  
            the budget, limited time in a school day and competing  
            district/CO E priorities.  Additional barriers and challenges  
            that were either 'very significant' or 'somewhat significant'  
            for lower income districts/COEs were lack of parent/community  
            support (66 percent), lack of tools/resources available to  
            develop, implement and monitor policies and practices (60  
            percent), inclement weather conditions (58 percent) and lack  
            of student interest/engagement (54 percent)."

           5)The ASES program  .  In 2002, the voters approved Proposition  
            49, which expanded existing before and after school programs  
            and renamed them the ASES program. Proposition 49 has the  
            effect of requiring the state to allocate $550 million  
            annually for before and after school programs. State funding  
            for the ASES program is continuously appropriated and no  
            longer requires approval by the Legislature as part of the  
            annual budget act. The amount of additional funding pursuant  
            to Proposition 49 will be added to the Proposition 98 base in  
            future years. ASES, as modified by Proposition 49, has two  
            main goals: keeping students safe after school and improving  
            student academic outcomes. 
           
             Statute requires each component of a program to consist of two  
            elements: (a) an educational and literacy element and an  








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            educational enrichment element.  The educational enrichment  
            element may include fine arts, career technical education,  
            recreation, physical fitness, and prevention activities.  This  
            bill proposes to add a third element to a program component:  
            30 minutes per day of specific physical fitness activity.   
            There are approximately 4,000 elementary and middle schools  
            that provide an ASES program.  





           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916)  
          319-2081