BILL ANALYSIS                                                                                                                                                                                                    �






                         SENATE COMMITTEE ON EDUCATION
                             Alan Lowenthal, Chair
                           2011-2012 Regular Session
                                        

          BILL NO:       AB 200
          AUTHOR:        Hayashi
          AMENDED:       April 12, 2011
          FISCAL COMM:   Yes            HEARING DATE:  June 22, 2011
          URGENCY:       No             CONSULTANT:Lynn Lorber

           SUBJECT  :  Health and Fitness Award Program.
          
           SUMMARY  

          This bill establishes the Health and Fitness Award Program 
          for the purpose of recognizing schools that have 
          standards-aligned physical education courses and increase 
          the numbers of pupils that meet the minimum standards on 
          the physical performance test.

           BACKGROUND  

          The State Board of Education (SBE) adopted physical 
          education model content standards (K-12) in January 2005.

          Current law requires a minimum number of minutes of 
          physical education as follows:

          1)   For elementary schools, 200 minutes every 10 
               schooldays (3 hours and 20 minutes every two weeks).

          2)   For junior high or middle schools and high schools, 
               400 minutes each 10 schooldays (6 hours and 40 minutes 
               every two weeks).  
               (Education Code � 51222 and � 51223)

          Current law requires schools to give a physical fitness 
          test to students in grades 5, 7, and 9.  Students are to be 
          given their individual results after the test, and school 
          districts are required to report the aggregate results in 
          their annual School Accountability Report Card.  Test 
          results are posted on the California Department of 
          Education's (CDE) website, reported by school, county, 
          district and statewide.  (EC � 60800)





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          The SBE designated the Fitnessgram as the required physical 
          performance test.  

          Current law authorizes a school district of county office 
          of education, with the consent of a pupil, to grant a pupil 
          an exemption from courses in physical education for two 
          years any time during grades 10-12 if the pupil has 
          satisfactorily met at least 5 of the 6 standards of the 
          physical performance test administered in grade 9.  (EC � 
          51241)
           
          ANALYSIS
           
           This bill  establishes the Health and Fitness Award Program 
          for the purpose of recognizing schools that have 
          standards-aligned physical education courses and increase 
          the numbers of pupils that meet the minimum standards on 
          the physical performance test.  Specifically, this bill:

          1)   Requires the State Board of Education (SBE) to 
               establish the Health and Fitness Award Program to 
               recognize schools that conduct their physical 
               education courses pursuant to model content standards, 
               and demonstrate that increasing numbers of pupils meet 
               minimum standards on the physical performance test.

          2)   Requires the Superintendent of Public Instruction 
               (SPI) to use currently collected data and criteria 
               (specified below) to identify one school from each 
               legislative district 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 Legislature.

          3)   Requires the Legislature, to the extent that funds are 
               available, to recognize the schools identified by the 
               SPI.

          4)   Establishes the criteria by which the SPI is to 
               identify schools for recognition as follows:

               a)        The school in each legislative district with 
                    the highest percentage of pupils who meet the 
                    minimum standards on the physical performance 
                    test.




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               b)        Any additional criteria developed by the 
                    SPI.

          5)   Requires private funds to be used for all of the costs 
               of implementing the award program, and authorizes the 
               SPI to receive donations of private funds.

          6)   Prohibits the SBE from establishing the award program 
               unless and until the Department of Finance certifies 
               to the SPI that private donations received by the 
               state are sufficient to implement the program.

           STAFF COMMENTS  

           1)   Purpose of the bill  .  According to the author, "Only 
               30% of children and 15% of teens get the recommended 
               60 minutes of physical activity every day.  This 
               deficiency appears to be the result of numerous 
               factors, including inadequate monitoring of physical 
               education programs, lack of consistency across 
               programs, and disparities among schools.  In 
               California, despite the fact that state law clearly 
               articulates the minimal requirements for physical 
               education in grades K-12, in a recent survey among 
               teachers, a full 72% of elementary school teachers and 
               22% of secondary school teachers indicated that 
               students were not meeting this requirement.  It is 
               imperative that schools support a robust physical 
               education program and provide opportunities for 
               physical activity throughout the day."

           2)   Is legislation necessary ?  The State Board of 
               Education (SBE) and the Superintendent of Public 
               Instruction (SPI) currently have sufficient discretion 
               to establish an awards program of any kind.  For 
               example, the California Superintendents' Challenge was 
               launched in 2003 as a coordinated effort between the 
               California Department of Education and the California 
               Task Force on Youth and Workplace Wellness.  Its 
               purpose was to annually recognize exemplary nutrition 
               and physical activity policies developed and 
               implemented by school districts and offices of 
               education in an effort to address California's growing 
               childhood obesity epidemic. 





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           3)   Distinguished school awards  .  The California School 
               Recognition Program includes the California 
               Distinguished School Award.  In order to be invited to 
               apply for Distinguished School honors, schools must 
               meet a variety of eligibility criteria including 
               designated federal and state accountability measures 
               based on No Child Left Behind Adequate Yearly Progress 
               and the Academic Performance Index requirements.  This 
               bill allows schools to be identified as distinguished 
               schools based on physical education courses and 
               performance of pupils on the physical performance 
               test.  Is it appropriate for schools to be classified 
               as a distinguished school based on physical education 
               rather than core academics?  

           4)   Fiscal impact  .  According to the Assembly 
               Appropriations Committee analysis, this bill would 
               impose General Fund cost pressure, likely less than 
               $100,000, to the Superintendent of Public Instruction 
               and the Legislature.

           5)   Prior legislation  .  AB 2072 (Hayashi, 2008) was nearly 
               identical to this bill and was held on the Senate 
               Appropriations Committee's suspense file.

          AB 2812 (Umberg, 2006) was similar to this bill and was 
               held on the Assembly Appropriations Committee's 
               suspense file.

           SUPPORT  

          California Association for Health, Physical Education, 
          Recreation and Dance
          California Medical Association
          California Optometric Association
          California Physical Therapy Association
          Superintendent of Public Instruction
           
          OPPOSITION

           None on file.