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SB-750 Pupils: physical education.(2007-2008)

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SB750:v98#DOCUMENT

Amended  IN  Senate  April 16, 2007

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Senate Bill
No. 750


Introduced  by  Senator Florez

February 23, 2007


An act to amend Section 51225.3 Sections 51225.3 and 51241 of the Education Code, relating to pupils.


LEGISLATIVE COUNSEL'S DIGEST


SB 750, as amended, Florez. Pupils: physical education.
(1) Existing law requires a pupil to complete specified courses in order to graduate from high school, including 2 year-long courses in physical education. Existing law provides for the grant of temporary exemption from courses in physical education for specified reasons, including if the student is ill or injured and a modified program cannot be provided.
This bill would require a pupil to complete 4 year-long courses in physical education in order to graduate from high school, thereby imposing a state-mandated local program. The bill would specify when a medical exemption from physical education would be appropriate.
(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: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 51225.3 of the Education Code is amended to read:

51225.3.
 (a) Commencing with the 1988–89 school year, no pupil shall receive a diploma of graduation from high school who, while in grades 9 to 12, inclusive, has not completed all of the following:
(1) At least the following numbers of courses in the subjects specified, each course having a duration of one year, unless otherwise specified.
(A) Three courses in English.
(B) Two courses in mathematics.
(C) Two courses in science, including biological and physical sciences.
(D) Three courses in social studies, including United States history and geography; world history, culture, and geography; a one-semester course in American government and civics, and a one-semester course in economics.
(E) One course in visual or performing arts or foreign language. For the purposes of satisfying the requirement specified in this subparagraph, a course in American Sign Language shall be deemed a course in foreign language.
(F)  Four courses in physical education, unless the pupil has been exempted pursuant to the provisions of this code.
(2) Other coursework as the governing board of the school district may by rule specify.
(b) The governing board, with the active involvement of parents, administrators, teachers, and pupils, shall adopt alternative means for pupils to complete the prescribed course of study that may include practical demonstration of skills and competencies, supervised work experience or other outside school experience, career technical education classes offered in high schools, courses offered by regional occupational centers or programs, interdisciplinary study, independent study, and credit earned at a postsecondary institution. Requirements for graduation and specified alternative modes for completing the prescribed course of study shall be made available to pupils, parents, and the public.

SEC. 2.

 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 one of the following:
(1) Ill or injured and a modified program to meet the needs of the pupil cannot be provided. A medical exemption from physical education would be appropriate when the nature of the disability or illness is so severe that the physical education needs of the student cannot be met by a credentialed adapted physical education specialist, and participation in physical education will not enhance the student’s quality of life because life-sustaining interventions supersede the pupil’s physical education needs.
(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 of a county 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 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 a county schools may grant permanent exemption from courses in physical education if the pupil complies with any one of the following:
(1) Is 16 years of age or older and has been enrolled in the 10th grade for one academic year or longer.
(2) Is enrolled as a postgraduate pupil.
(3) 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) or paragraph (1) of subdivision (c) 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 may also administer to pupils in grades 10 to 12, inclusive, the physical performance test required in 9th grade pursuant to Section 60800. 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) This section shall become operative on July 1, 2007.

SEC. 2.SEC. 3.

 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.