HomeMy WebLinkAboutMINUTES - 02282006 - C.39 TO-.' BOARD OF SUPERVISORS Contra
FROM: Supervisor John Gioia
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DATE: February 7, 2006 -^"�- _ .4
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SUBJECT: Support SB 362 (Torlakson) — Physical Education
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
SUPPORT SB 362 by Senator Tom Torlakson, a bill that would create a physical education
professional development program, decrease high school physical education exemptions, and
help students pass fitness testing.
BACKGROUND
Physical fitness and academic achievement are linked. A recent California
Department of Education study noted "a strong positive relationship between
physical fitness and academic achievement." The Journal of School Health noted
that the "short term cognitive benefits of physical activity during the school day
adequately compensate for time spent away from other academic areas." Clearly,
physical education supports both the intellectual as well as physical health and
growth of children.
SB 362 will assure that California students learn how to be physically active. By
enabling teacher training in the area of physical education and by eliminating high
school exemptions that take children out of physical education. SB 362 will
ensure that California students are successful academically as well as physically.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
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RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
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--ACTION OF BOARD ON D�7Ii./ C�� APPROVE AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT ) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED: .i 44644- 96fi' OVIAglo
CONTACT: -
8zpe9T JOHN
SWEETEN,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY
ADMINISTRATOR
CC: COUNTY ADMINISTRATOR
CLERK OF THE BOARD
BY DEPUTY
SB 362 Senate Bill - AMENDED Page 1 of 5
BILL NUMBER: SB 362 AMENDED
BILL TEXT
.AMENDED IN SENATE JANUARY 23, 2006
AMENDED IN SENATE JANUARY 17, 2006
AMENDED IN SENATE JANUARY 4, 2006
AMENDED IN SENATE MAY 4, 2005
AMENDED IN SENATE APRIL 13, 2005
INTRODUCED BY Senator Torlakson
FEBRUARY 17, 2005
An act to amend Sections 51222 and 51241 of, and to add Article
9.5 (commencing with Section 44620) to Chapter 3 of Part 25 to, the
Education Code, relating to physical education, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB .362, as amended, Torlakson Physical education.
(1) Existing law establishes various professional development and
training programs for certificated employees of local educational
agencies.
This bill would establish the Physical Education Professional
Development Program, to be administered by the Superintendent of
Public Instruction with the approval of the State Board of Education.
Under the program, a school district that maintains kindergarten or
any of grades 1 to 8, inclusive, would be eligible to apply for, and
to receive, and the Superintendent would be authorized to allocate,
a inaximum of $2,500, and a minimum of $2,000, of incentive
funding, upon the submission of a proposal, as specified, to provide
.training in physical education to no more than one teacher at the
school district, through professional development programs conducted
by institutions of higher education or by a provider of training
approved by the department. The bill would appropriate
$2,500,000 for these purposes
with $1,250,000 of that amount available for expenditure in
the 2006-07 fiscal year, and the other $1,250,0.00 available for
expenditure in the`.2007-08 fiscal year .
Existing law requires a pupil in grades 7 to 12, inclusive, to
attend physical education courses for no less than 400 minutes each
10 schooldays.
This bill would .define a physical education class as one in which
each pupil is required to actively participate.
Existing law permits a pupil in grade 10, 11, or 12 to be excused.
from physical education classes, as provided, in order to participate
in automobile driver training.
This bill would delete those provisions.
Existing law authorizes the governing board of a school district
and the office of the county superintendent of schools to grant a
permanent exemption from courses in physical education if the pupil
complies with one of several criteria, including, among others, that
the pupil is 16 years of age or older and has been enrolled in grade
10 for one academic year or longer.
This bill would delete that exemption with respect to a. pupil who
is 16 years of age or older and has been enrolled in grade 10 for one
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SB 362 Senate Bill - AMENDED Page 2 of 5
academic year or longer, and would make conforming changes.
Existing law, beginning on July 1, 2007, authorizes the governing
board of a school district or the office of the county superintendent
of schools to grant an exemption from courses in physical education
for 2 years, any time during grades 10 to 12, inclusive, to a pupil
who passes a physical performance test, as specified.
This bill would require a governing board of a school district to
allow a pupil who fails the physical performance test to retake it
annually upon the request of the pupil, and would declare it is the
Legislature's intent that a pupil that fails the test be enrolled in
a physical education course designed to lead to that pupil's passage
of the test. By requiring school districts to perform additional
duties, the bill would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation:. yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) A lack of adequate physical activity and appropriate nutrition
has greatly contributed to the epidemic levels of obesity found in
California.
(b) Obesity is a key risk factor associated with a number of
health problems including heart disease, diabetes, some .cancers,
hypertension, gallbladder disease, musculoskeletal disorders, and
mental health.
(c) According to the State Department of Health Services, the
costs of obesity in California are estimated to equal more than $21.7
billion in health care costs, workers' compensation costs, and lost
productivity.
(d) According to the State Department of Education, healthy,
active, and well nourished children are more likely to attend school
and are more prepared and motivated to learn.
(e) Healthy children are also more likely to grow up to be healthy
adults and are less likely to develop costly and harmful health
problems.
(f) California's youth have the potential to advance the
generational change necessary for reversing and preventing the
devastating consequences of such an epidemic.
(g) Physical education can provide necessary physical activity
while motivating a child to maintain healthy eating habits and to
engage in regular physical activity as an aspect of one's lifestyle.
(h) The State Board of Education has recently adopted content
standards for physical education, and, to the extent resources are
available, it is the intent of the Legislature to provide physical
education teachers with appropriate training that aligns with these
standards.
SEC. 2. Article 9.5 (commencing with Section 4462.0) is added to
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SB 362 Senate Bill - AMENDED Page 3 of 5
Chapter 3 of Part 25 of the Education Code, to read:
Article 9.5. The Physical Education Professional Development
Program
44620. (a) The Physical Education Professional Development
Program is hereby established, and shall be administered by the
Superintendent with the approval of the State Board of Education.
(b) It is the intent of the Legislature in enacting this article
to provide professional development in physical education for no more
than one teacher at each local educational agency that maintains
kindergarten or any of grades 1 to 8, inclusive.
(c) This program is intended -to serve teachers employed in public
schools for the purpose of teaching physical education to pupils in
kindergarten or any of grades 1 to 8, inclusive.
44621. As a condition of receipt of funds under the program, a
local educational agency shall submit to the State Board of Education
a certified assurance, signed by the appropriate local educational
agency official and approved by the governing body of the agency,
that contains its proposal that clearly demonstrates that the local
educational agency's training curriculum was approved by the state
board or that the local educational agency contracted with a provider
whose training curriculum was approved by the state board.
44622. The State Board of Education shall only approve training
curriculum that is consistent with state-adopted physical education
model content standards and with physical education curriculum
frameworks for kindergarten and grades 1 to 8, inclusive, that are
adopted by the state board.
44623. A local educational agency may receive —inija-tea
a maximum of two thousand five hundred dollars
($2,500) , and r;f1ess t;;aR a
minimum of two thousand dollars ($2,000) for the training of
the teacher who receives professional development on physical
education under the program.
44624 . The sum of two million five
hundred thousand dollars ($2,500,000) is hereby appropriated
from the General Fund to the department for purposes of the program.
Of the amount appropriated, the sum of
one million two hundred fifty thousand dollars ($1,250,000) is
available for expenditure in the 2006-07 fiscal year, and the sum of
one million two hundred fifty thousand
dollars ($1,250,000) is available for expenditure in the
2007-08 fiscal year.
44625. The State Board shall authorize the Superintendent to
prepare, and the state board shall adopt, regulations. for the
implementation and monitoring of the program.
SEC. 3. Section 51222 of the Education Code is amended to read:
51222. (a) A pupil, except a pupil excused or exempted pursuant
to Section 51241, shall be required to attend a physical education
class for a total period of time of not less than 400 minutes each 10
schooldays. A physical education class is one in which each pupil is
required to actively::participate.
(b) The governing;;board of a school district that maintains a high
school and that elects to exempt a pupil from required attendance in
physical education classes pursuant to subdivision (b) of Section
51241. shall offer that pupil a variety of elective physical education
classes of not less than 400 minutes each 10 schooldays.
SEC. 4 . Section 5.1241 of the Education Code, as amended by Section
. 2 of Chapter 459 of the Statutes of 2003, is amended to read:
51241. (a) The governing board of a school district or the office
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SB 362 Senate Bill - AMENDED Page 4 of 5
of the county superintendent of schools of a county may grant
temporary exemption to a pupil from courses in physical education, if
the pupil is either of the following:
(1) Ill or injured and a modified program to meet the needs of the
.pupil cannot be provided.
(2) Enrolled .for one-half, or less, of the course work normally
required of full-time pupils.
(b) The governing board of a school district or the office of the
county superintendent of schools may, with the consent of a pupil,
grant the pupil exemption from courses in physical education for two
years any time during grades 10 to 12, inclusive.
(c) The governing board of a school district or the office of the
county superintendent of schools may grant permanent exemption from
courses in physical education if the pupil complies with any one of
the following:
(1) Is enrolled as a postgraduate pupil.
(2) Is enrolled in a juvenile home, ranch, camp, or forestry camp
school where pupils are scheduled for recreation and exercise
pursuant to the requirements of Section 4346 of Title 15 of the
California Code of Regulations.
(d) A pupil exempted under subdivision (b) may not be permitted to .
attend fewer total hours of courses and classes if he or she elects
not to enroll in a physical education course than he or she would
have attended if he or she had elected to enroll in a physical
education course.
(e) Notwithstanding any other law, the governing board of a school
district may administer to pupils in grades 10 to 12, inclusive, the
physical performance test required in 9th grade pursuant to Section
60800.
(f) This section shall remain. in effect only until June 30, 2007,
and as of that date is repealed, unless .a later enacted statute, that
is enacted before June 30, 2007, deletes .or extends that date.
SEC. 5. Section 51241 of the Education Code, as added by Section 3
of Chapter 459 of the Statutes of 2003, is amended to read:
51241. (a) The governing board of a school district or the office
of the county superintendent of schools of a county may grant
temporary exemption to a pupil from courses in physical education, if.
the pupil is either of the following:
(1) Ill or injured and a modified program to meet the needs of the
pupil cannot be provided.
(2) Enrolled for one-half, or less, of the work normally required
of full-time pupils.
(b) (1) The governing board of a school district or the office of
the county superintendent of schools may, with the consent of a
pupil, if the pupil has passed the physical performance test
administered in the 9th grade pursuant to Section 60800, grant the
pupil. exemption from courses in physical education for two years any
time during grades 10 to 12, inclusive.
(2) Pursuant to Sections 51210, 51220, and 51222, physical
education is required to be offered to all pupils, and schools are,
therefore, required to provide adequate facilities and "instructional
resources for that instruction. In this regard, paragraph (1) shall
be implemented in a manner that does not create a new program or
impose a higher level of service on a local educational agency.
Paragraph (1) does not mandate any overall increase in staffing or
instructional time because, pursuant to subdivision (d) , pupils are
not permitted to attend fewer total hours of class if they do not
enroll in physical education. Paragraph (1) does not mandate any new
costs because any additional physical education instruction that a
local educational agency provides may be accomplished during the
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SB 362 Senate Bill - AMENDED Page 5 of 5
existing instructional day, with existing facilities. Paragraph (1)
does not prevent a local educational agency from implementing any
other temporary or permanent exemption authorized by this section.
(c) The governing board of a school district or the office of the
county superintendent of schools may grant permanent exemption from.
courses in physical education if the pupil complies with either of
the following:
(1) Is enrolled as a postgraduate pupil.
(2) Is enrolled in a juvenile home, ranch, camp, or forestry camp
school where pupils are scheduled for recreation and exercise
pursuant to the requirements of Section 4346 of Title 15 of the
California Code of Regulations.
(d) A pupil exempted under paragraph (1) of subdivision (b) may
not attend fewer total hours of courses and classes if he or she
elects not to enroll in a physical education course than he or she
would have attended if he or she had elected to enroll in a physical
education course.
(e) Notwithstanding any other law, the governing board of a school
district shall give a pupil in grades 10 to 12, inclusive, who fails
to pass the physical performance test required in 9th grade pursuant
to Section 60800 the opportunity, annually and upon the request of
the pupil, to retake the test. A pupil who passes this physical
performance test in any of grades 10 to 12, inclusive, is eligible
for an exemption pursuant to subdivision (b) .
(f) It is the intent of the Legislature that a pupil who fails to
pass the physical performance test required by Section 60800 and who
is otherwise required to enroll in a course of physical education
shall be enrolled in a physical education course designed to lead to
that pupil's passage of the physical performance test..
(g) This section shall become operative on July 1, 2007.
SEC. 6. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
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