California Assembly Bill AB351 Latest Draft

 BILL NUMBER: AB 351AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 2, 2009 AMENDED IN ASSEMBLY APRIL 14, 2009 AMENDED IN ASSEMBLY MARCH 24, 2009 INTRODUCED BY Assembly Members Salas and Ma (Coauthor: Assembly Member Duvall) FEBRUARY 19, 2009 An act to amend Section 51222 of, and to add Section 51242.1 to, the Education Code, relating to physical  education, and declaring the urgency thereof, to take effect immediately   education  . LEGISLATIVE COUNSEL'S DIGEST AB 351, as amended, Salas. Physical education.  (1) Existing   Existing  law requires all pupils who are not otherwise exempt to attend courses in physical education for a total period of time of not less than 400 minutes each 10 schooldays. This bill would authorize the governing board of a school district to exempt any high school pupil from courses in physical education if the pupil participates in California Cadet Corps, cheer team or dance team, color guard or drill team, Junior Reserve Officer Training Corps, or marching band as part of the regular  course of study or regular  school-sponsored extracurricular activities. The bill would  specify minimum standards for the physical education substitute courses, require that a certificated employee teach the course of study or sponsor the activity, and  make other technical and clarifying changes.  (2) This bill would declare that it is to take effect immediately as an urgency statute.  Vote:  2/3   majority  . Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 51222 of the Education Code is amended to read: 51222. (a) All pupils, except pupils excused or exempted pursuant to Sections 51241, 51242, and 51242.1, shall be required to attend courses in physical education for a total period of time of not less than 400 minutes each 10 schooldays. Any pupil may be excused from physical education classes during one of grades 10, 11, or 12 for a time period less than 24 hours in order to participate in automobile driver training. A pupil who is excused from physical education classes to enroll in driver training shall attend a minimum of 7,000 minutes of physical education instruction during that school year. (b) The governing board of each school district that maintains a high school and that elects to exempt pupils from required attendance in physical education courses pursuant to paragraph (1) or (2), or both, of subdivision (b) of Section 51241 shall offer those exempted pupils a variety of elective physical education courses of not less than 400 minutes each 10 schooldays. SEC. 2. Section 51242.1 is added to the Education Code, to read: 51242.1.  (a)    The governing board of a school district that provides the following courses or programs as part of the regular course of study or as part of the regular school-sponsored extracurricular activities may exempt any high school pupil  participating in   who has completed  such a course or program from courses in physical education:  (a)   (1)  California Cadet Corps.  (b)   (2)  Cheer team or dance team.  (c)   (3)  Color guard or drill team.  (d)   (4)  Junior Reserve Officer Training Corps.  (e)   (5)  Marching band.  (b) Any course or program that qualifies high school pupils for the exemption in subdivision (a) shall include not less than 400 minutes of the physical education substitution each 10 school days, and shall support a course of study that includes at least seven of the eight physical education content areas: effects of physical activity upon dynamic health; mechanics of body movement; aquatics; gymnastics and tumbling; individual and dual sports; rhythms and dance; team sports, and combatives.   (c) Any regular course of study for which a high school pupil receives course credit and which qualifies her or him for the exemption in subdivision (a) shall be taught by a certificated employee of the school district.   (d) Any regular school-sponsored extracurricular activity that qualifies a high school pupil for the exemption in subdivision (a) shall have a certificated employee of the school district serve as the sponsor of the activity at the schoolsite.   (e) A pupil shall meet satisfactorily at least five of the six standards of the physical performance test administered pursuant to subdivision (e) of Section 51241 or Section 60800 in grade 9 or 10 to continue to be eligible in grades 11 and 12 for an exemption pursuant to subdivision (a).   SEC. 3.   This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order for pupils to avail themselves of the physical education exemptions specified in this act as soon as possible, it is necessary that this act take effect immediately.