BILL NUMBER: AB 200	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 16, 2011
	AMENDED IN ASSEMBLY  APRIL 12, 2011

INTRODUCED BY   Assembly Member Hayashi

                        JANUARY 27, 2011

   An act to add Chapter 11 (commencing with Section 9010) to Part 6
of Division 1 of Title 1 of the Education Code, relating to physical
education.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 200, as amended, Hayashi. Physical education: Health and
Fitness Award Program.
   Existing law requires school districts to include physical
education in the course of study for pupils in grades 1 to 12,
inclusive. Existing law requires the governing board of a school
district maintaining any of grades 5, 7, and 9 to administer the
physical performance test designated by the State Board of Education
to each pupil in those grades during the month of February, March,
April, or May.
   This bill would require the  State Board of Education
  state board  to establish the Health and Fitness
Award Program to recognize schools that conduct their physical
education courses pursuant to the model content standards and
demonstrate that increasing numbers of pupils enrolled in those
schools meet minimum standards on the physical performance test
designated by the state board. The Superintendent of Public
Instruction would be required to use currently collected data and
specified eligibility criteria to identify one school from each
legislative district in the state to receive recognition, which may
include, but would not be limited to, classification as a
distinguished school, being listed on a published public school honor
roll, and public commendations by the Governor and the Legislature.
 The Legislature would be required, to the extent that funds
are available, to recognize the schools identified by the
Superintendent.  The bill would require that private funds
be used to pay for all of the costs of implementing the program,
including the administrative costs of the State Department of
Education, and would authorize the Superintendent to receive
donations of private funds for purposes of implementing the program.
The bill would prohibit the state board from establishing the program
unless and until the Department of Finance certifies to the
Superintendent that private donations received by the state are
sufficient to implement the program.  The bill would also require
the state board to suspend the program if the private donations
received are insufficient to complete or continue program
implementation. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 11 (commencing with Section 9010) is added to
Part 6 of Division 1 of Title 1 of the Education Code, to read:
      CHAPTER 11.  HEALTH AND FITNESS AWARD PROGRAM


   9010.  This chapter shall be known and may be cited as the
Excellence in Health and Fitness Act of 2011.
   9011.  The Legislature finds and declares all of the following:
   (a) The department has reported that a majority of this state's
children are not physically fit.
   (b) Obesity in California's schools is reaching epidemic
proportions.
   (c) The federal Centers for Disease Control and Prevention have
identified physical education as an effective intervention in the
fight against childhood obesity.
   (d) Providing ongoing incentives to California's schools in order
to increase the physical fitness of pupils is a necessary systemic
solution to combating obesity and improving the overall education
performance of pupils.
   9012.  (a) The state board shall establish the Health and Fitness
Award Program to recognize schools that conduct their physical
education courses pursuant to the model content standards adopted
pursuant to Section 60605.2 and demonstrate that increasing numbers
of pupils enrolled in those schools meet minimum standards on the
physical performance test designated by the state board pursuant to
Section 60800.
   (b) The Superintendent shall use currently collected data and the
criteria described in subdivision (c) to identify one school from
each legislative district in the state to receive recognition, which
may include, but is not limited to, classification as a distinguished
school, being listed on a published public school honor roll, and
public commendations by the Governor and the Legislature. 
The Legislature, to the extent that funds are available, shall
recognize the schools identified by the Superintendent pursuant to
this subdivision.
   (c) The school in each legislative district with the highest
percentage of pupils who meet the minimum standards on the physical
performance test described in subdivision (a) is eligible to receive
recognition pursuant to subdivision (b). The Superintendent 
may develop additional criteria for recognition as he or she deems
appropriate   shall recommend, and the state board may
adopt, additional criteria by which schools may become eligible to
receive recognition   pursuant to subdivision (b)  .
   (d) Private funds shall be used to pay for all of the costs of
implementing the program, including the administrative costs of the
department. The Superintendent may receive donations of private funds
for purposes of implementing the program.
   (e) The state board shall  not  establish the
program described in this section  unless and until 
 once  the Department of Finance certifies to the
Superintendent that private donations received by the state are
sufficient to implement the program.  The state board shall
suspend the program if the Superintendent notifies the state board
that the amount of private donations is insufficient to complete or
continue program implementation.