BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 200|
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                                 THIRD READING


          Bill No:  AB 200
          Author:   Hayashi (D)
          Amended:  8/16/11 in Senate
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  9-0, 6/22/11
          AYES:  Lowenthal, Alquist, Blakeslee, Hancock, Huff, Liu, 
            Price, Simitian, Vargas
          NO VOTE RECORDED:  Runner, Vacancy
           
          SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8
           
          ASSEMBLY FLOOR  :  57-18, 5/23/11 - See last page for vote


           SUBJECT  :    Health and Fitness Award Program

           SOURCE  :     State Superintendent of Public Instruction


           DIGEST  :    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.

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

          Existing law requires a minimum number of minutes of 
          physical education as follows:
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          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).  

          Existing 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) Web site, reported by school, county, 
          district and statewide.  

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

          Existing 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 five of the six standards of 
          the physical performance test administered in grade 9.  

          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 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 

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             school, being listed on a published public school honor 
             roll, and public commendations by the Governor and 
             Legislature.

          3. Requires the schools in each legislative district with 
             the highest percentage of pupils who meet the minimum 
             standards on the physical performance test to be 
             eligible to receive recognition pursuant to #2 above.

          4. Allows the SPI to recommend, and the SBE to adopt 
             additional criteria by which schools may become eligible 
             to receive recognition pursuant to #2 above.
             
          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. Requires the SBE to establish the award program once the 
             Department of Finance certifies to the SPI that private 
             donations received by the state are sufficient to 
             implement the program.

          7. Requires the SBE to suspend the program if the 
             Superintendent notifies the SBE that the amount of 
             private donations is insufficient to complete or 
             continue program implementation.

           Comments  

           Is legislation necessary  ?  The SBE and 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 CDE 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.
           
           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 

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          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?  

           Prior Legislation

           AB 2072 (Hayashi), 2007-08 Session, was nearly identical to 
          this bill.  (Held on Senate Appropriations Committee's 
          Suspense File)

          AB 2812 (Umberg), 2005-06 Session, was similar to this 
          bill.  (Held on Assembly Appropriations Committee's 
          Suspense File)

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

           SUPPORT  :   (Verified  8/16/11)

          State Superintendent of Public Instruction (source)
          California Association for Health, Physical Education, 
            Recreation and Dance
          California Medical Association
          California Optometric Association
          California Physical Therapy Association

           ARGUMENTS IN SUPPORT  :    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 

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          robust physical education program and provide opportunities 
          for physical activity throughout the day."


           ASSEMBLY FLOOR  :  57-18, 5/23/11
          AYES:  Alejo, Allen, Ammiano, Atkins, Beall, Block, 
            Blumenfield, Bonilla, Bradford, Brownley, Buchanan, 
            Butler, Charles Calderon, Campos, Carter, Cedillo, 
            Chesbro, Conway, Davis, Dickinson, Eng, Feuer, Fletcher, 
            Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Gatto, 
            Gordon, Hall, Harkey, Hayashi, Roger Hern�ndez, Hill, 
            Huber, Hueso, Huffman, Bonnie Lowenthal, Ma, Mendoza, 
            Mitchell, Monning, Nestande, Pan, Perea, V. Manuel P�rez, 
            Portantino, Skinner, Smyth, Solorio, Swanson, Torres, 
            Wieckowski, Williams, Yamada, John A. P�rez
          NOES:  Achadjian, Donnelly, Garrick, Grove, Hagman, 
            Halderman, Jeffries, Jones, Knight, Logue, Mansoor, 
            Miller, Morrell, Nielsen, Norby, Olsen, Silva, Valadao
          NO VOTE RECORDED:  Bill Berryhill, Cook, Gorell, Lara, 
            Wagner


          CPM:mw  8/17/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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