BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  July 1, 2015


                           ASSEMBLY COMMITTEE ON EDUCATION


                              Patrick O'Donnell, Chair


          SB  
          138 (Fuller) - As Amended March 18, 2015


          SENATE VOTE:  36-0


          SUBJECT:  Physical education: exemption: high school rodeo.


          SUMMARY:  Authorizes the governing board of a school district to  
          exempt a four-year or senior high school pupil from attending  
          courses of physical education if the pupil is engaged in high  
          school rodeo carried on wholly or partially after regular school  
          hours.


          EXISTING LAW:   


          1)Requires, as a condition of graduation, pupils in grades 9 to  
            12 to complete two courses in physical education, unless  
            otherwise exempted.  (Education code section 51225.3)

          2)Authorizes the governing board of a school district to exempt  
            any four-year or senior high school pupil from attending  
            courses of physical education, if the pupil is engaged in a  
            regular school-sponsored interscholastic athletic program  
            carried on wholly or partially after regular school hours.   
            (Education code section 51242)








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          3)Requires pupils, except those exempted, to attend courses of  
            physical education for not less than 400 minutes each 10  
            schooldays.  Authorizes any pupil to be excused from physical  
            education classes during one of grades 10, 11, or 12 for 24  
            hours in order to participate in automobile driver training,  
            but specifies that pupil shall attend a minimum of 7,000  
            minutes of physical education instruction during such school  
            year.  (Education code section 51222)

          4)Authorizes the governing board of a school district or the  
            office of the county superintendent of schools to grant a  
            temporary exemption to a pupil from courses in physical  
            education, if the pupil is ill or injured and a modified  
            program to meet the needs of the pupil cannot be provided; or,  
            if the pupil is enrolled for one-half, or less, of the work  
            normally required of full-time pupils.  (Education code  
            section 51241)

          5)Authorizes the governing board of a school district or the  
            office of the county superintendent of schools, 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  
            to 12, inclusive, if the pupil has met satisfactorily at least  
            five of the six standards of the physical performance test  
            administered in grade 9, 10, 11 or 12.  (Education code  
            section 51241)

          6)Requires physical education to be offered to all pupils, and,  
            therefore, schools are required to provide adequate facilities  
            and instructional resources for that instruction.  (Education  
            code section 51241)

          7)Authorizes the governing board of a school district or the  
            office of the county superintendent to grant permanent  
            exemption from courses in physical education if the pupil  
            complies with any one of the following:

             a)   Is 16 years of age or older and has been enrolled in the  








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               grade 10 for one academic year or longer.
             b)   Is enrolled as a postgraduate pupil.
             c)   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.  (Education  
               code section 51241) 

          FISCAL EFFECT:  This bill is keyed non-fiscal.


          COMMENTS:  Existing law requires high school students to  
          complete two courses in physical education (PE) as a state  
          graduation requirement.  Existing law also authorizes school  
          governing boards to exempt students from this requirement in  
          specific instances.  This bill seeks to expand the ways that  
          students can be exempted from PE by authorizing school governing  
          boards to exempt students from PE for participating in private  
          rodeo associations that are not school sponsored.  The committee  
          should consider whether the existing two course physical  
          education requirement for high school graduation is important  
          for all students and whether students should be exempted from PE  
          for participation in private athletic organizations away from  
          school.


          According to the author, many schools choose to interpret  
          section 51242 to exempt pupils who play "traditional sports"  
          (i.e. football, soccer, volleyball, etc.) from required PE  
          classes.  Often times California High School Rodeo Association  
          (CHSRA) athletes are not included in this exemption.  SB 138  
          would simply make it clear that school boards  may  include high  
          school rodeo athletes in the list of potentially exempted PE  
          pupils, if that is a policy the school board chooses to  
          implement.  


          What are school districts currently doing?  There is not a  
          definitive source of information regarding what school districts  








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          are currently doing with regard to granting students exemptions  
          for the physical education graduation requirement.  Anecdotal  
          evidence suggests that some districts are granting PE exemptions  
          to students participating in school sponsored athletics when  
          that course is taught by a PE teacher; or, when that course is  
          taught by a PE teacher through independent study. Anecdotal  
          evidence also suggests that districts are exempting students  
          from PE courses for their participation in other school  
          sponsored interscholastic athletic activities that are not  
          governed by CIF. It appears that some schools have created  
          school sponsored Rodeo teams and are granting such exemptions  
          under existing law. With that in mind, it is unclear why this  
          bill is necessary.

          Is this bill necessary?   Current law authorizes schools to  
          exempt from physical education courses students who participate  
          in a "regular school-sponsored interscholastic athletic  
          program."  Education Code § 35179 defines "interscholastic  
          athletics" as policies, programs and activities that are  
          formulated or executed in conjunction with, or in contemplation  
          of, athletic contests between two or more schools, either public  
          or private.  The California Interscholastic Federation's (CIF)  
          website lists rodeo as a "non-CIF sport."  Standards, criteria,  
          or guidance do not exist regarding which sports may qualify for  
          an exemption.  School districts have great discretion in  
          determining which athletic programs qualify for an exemption.

          Slippery slope?  Does authorizing participation in a private  
          rodeo association to qualify as an exemption from physical  
          education set a precedent for adding other non-school sponsored  
          sports?  If participation in a private rodeo association  
          qualifies for a PE exemption, should participation in private  
          ballet lessons at a studio also qualify for such an exemption?   
          The committee should consider whether participation in other  
          private athletic groups should qualify a student for such an  
          exemption from PE, or whether PE is important for all students  
          and exemptions should be narrowly crafted and limited to school  
          sponsored sports. 









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          What are Interscholastic Athletic Programs?  According to the  
          CIF, the following sports qualify as interscholastic athletic  
          programs: basketball, cross country, football, golf, track and  
          field, volleyball, wrestling, soccer, tennis, badminton,  
          baseball, field hockey, gymnastics, lacrosse, skiing,  
          snowboarding, softball, swimming and diving, and water polo.  

          Rodeo is not currently an interscholastic athletic program  
          governed by the bylaws of the CIF.  Therefore, the coaches and  
          instructors for these programs are currently not required to  
          complete the mandatory coaches training or fingerprinting  
          requirements in existing state law.  Anecdotal evidence suggests  
          that schools can create a locally governed school-sponsored  
          rodeo team and if they do so in the same manner as other  
          interscholastic athletic teams, may exempt pupils from PE for  
          participating in the rodeo team under the school sponsored  
          interscholastic athletic program exemption.

          Training for Interscholastic Athletic Coaches.  Interscholastic  
          athletic coaches are required to complete a mandatory training  
          program under existing state law either offered by the school  
          district or the CIF.  Interscholastic athletic coaches are  
          required to participate in the California High School Coaching  
          Education and Training Program and the Legislature has expressed  
          its intent that the program emphasize the following components:
             a)   Development of coaching philosophies consistent with the  
               goals of the school, school district, and school district  
               governing board.
             b)   Sport psychology. 
             c)   Sport pedagogy.
             d)   Sport physiology including principles of training and  
               the harmful effects associated with the use of steroids.
             e)   Sport management.
             f)   Training certification in CPR and first aid, including  
               concussion training.
             g)   Knowledge of and adherence to statewide rules and  
               regulations, as well as school regulations including, but  
               not necessarily limited to, eligibility, gender equity, and  








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               discrimination.
             h)   Sound planning and goal setting. (EC 35179.1)

          Currently CIF offers training programs to high school coaches  
          who receive a certificate upon course completion (typically a  
          six to eight hour class).  To date more than 117,000 coaches  
          have taken the training, which costs approximately $50 per  
          person.  Some school districts pay for the program while others  
          require the coach to pay for it.  The completed certificate is  
          transferable between school districts. 

          It is unclear if rodeo coaches are uniformly hired by school  
          districts like other coaches.  If coaches for these programs are  
          not hired by the district, they may not be required to  
          demonstrate their qualifications or be subject to the  
          requirements listed above.  The committee should consider what  
          qualifications these coaches should have if students will be  
          given an exemption from PE coursework requirements in exchange  
          for their participation in these programs. 

          Liability Concerns: If school districts begin to grant  
          exemptions from PE courses for participation in private rodeo  
          associations, will school districts be accepting the liability  
          of student injury during those activities?  For instance, if a  
          student takes riding lessons at a barn 10 miles from school, and  
          earns an exemption from PE for that activity, will the district  
          be liable when a student is thrown from a horse during that  
          activity? Likewise, if a student rides their horse at their  
          house after school unsupervised, should that qualify for an  
          exemption from PE, and would the district be open to liability  
          if the student is hurt since they are being exempt from PE for  
          that activity?

          Existing Exemptions.  Current law authorizes school governing  
          boards to exempt students from the required 400 minutes of  
          physical education every 10 days, if they engage in regular  
          school-sponsored interscholastic athletic programs.  Both the  
          400 minute PE requirement and the exemption for athletic  
          programs were added to the Education code on April 30, 1977.   








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          While other specific exemptions to the PE requirements have been  
          added since 1977, none have specifically exempted a student from  
          taking PE if they are participating in other ongoing physical  
          activities away from school.  Why is it important to exempt  
          students from PE for participating in rodeo, especially when  
          exemptions like this have not been added to the Education code  
          in nearly 38 years?

          Physical Education vs. Physical Activity.  Is physical education  
          the same as physical activity?  Is physical activity the goal of  
          physical education?  According to the National Association for  
          Sport and Physical Education, the unique goals of physical  
          education are the development of physical competence (movement  
          skills), health-related fitness, cognitive understanding (of the  
          principles of physical activity), and a positive attitude toward  
          physical activity.  Physical activity is generally considered to  
          be a broad term used to describe all forms of large muscle  
          movements including sports, dance, games, work, lifestyle  
          activities, and exercise for fitness.  The committee should  
          consider whether the goal of physical education is physical  
          activity, or if the goal of physical education is broader.  
          
          Why is Physical Education important?  According to a letter  
          authored by Superintendent O'Connell and State Board President  
          Johnson included in the Physical Education Model Content  
          Standards, "Physical education significantly contributes to  
          students' well-being; therefore, it is an instructional priority  
          for California schools and an integral part of our students'  
          educational experience.  High-quality physical education  
          instruction contributes to good health, develops fundamental and  
          advanced motor skills, improves students' self-confidence, and  
          provides opportunities for increased levels of physical fitness  
          that are associated with high academic achievement.  The  
          Physical Education Model Content Standards for California Public  
          Schools, Kindergarten Through Grade Twelve affirms the standing  
          of physical education; rigor is essential to achievement, and  
          participation is not the same as education." 

          Arguments in Support.  Oakdale High School supports the bill and  








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          states, "Oakdale High School has been recognizing Rodeo as a  
          sport since 1994.  It is my understanding that a great deal of  
          time and research went into the implementation of establishing a  
          rodeo team at Oakdale High.  First, it is important to note that  
          all student members of CHSRA are covered with medical insurance  
          provided when annual membership dues are paid.  Students are  
          covered at sanctioned events through the State and National  
          liability clauses at no cost to the school district.  That seems  
          to be one of the biggest concerns of a school district that may  
          be considering recognizing rodeo as a school sport.

          Oakdale High School has been effectively providing its rodeo  
          athletes with the same scholastic privileges that other athletes  
          get.  For example, rodeo is considered a spring sport allowing  
          students to earn up to five credits of PE per year.   Students  
          may also earn the block letter after completing one year of  
          rodeo.  There are general team qualification guidelines that  
          must be met in order for students to earn the credit and letter.  
           Students must remain in good academic standing and compete at  
          80 percent of the sanctioned rodeos for the year."

          Arguments in Opposition.  The California Teachers Association  
          (CTA) opposes the bill and states, "Rodeo is a supplementary  
          extracurricular physical activity beyond the core  
          standards-based physical education curriculum.  Legislating  
          exemptions from physical education for any specific physical  
          activity, such as rodeo sets a significant precedent  
          contributing to the erosion of the current state mandates for  
          physical education and the comprehensive health of California's  
          6.2 million K-12 students.  For the optimum health of our  
          students, CTA opposes exempting high school students who  
          participate in the extracurricular activity of rodeo from a  
          school district's physical education curriculum standards and  
          state mandates for physical education."

          Committee Amendments: The committee should consider amending the  
          bill to simply clarify existing law by deleting the contents of  
          this bill and stating: "A pupil may be exempted from physical  
          education pursuant to Section 51242, for participation in a  








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          locally developed school sponsored interscholastic athletic  
          program, that is not administered by the California  
          Interscholastic Federation, if that school sponsored  
          interscholastic athletic program is in compliance with laws  
          pertaining to athletic programs, including, but not limited to,  
          coaches training and fingerprinting requirements for activity  
          supervisors, pursuant to Sections 35179.1, 35179.7, 49020-49024,  
          and 49032."  
           
          Related legislation: AB 351 (Salas) from 2009, which was  
          re-referred and held in the Assembly Education Committee, would  
          have authorized, as an urgency measure, the governing board of a  
          school district that provides the following courses or programs  
          to exempt any pupil participating in such a course or program  
          from attending courses of physical education (PE) and from the  
          physical education high school graduation requirement: 
          1)California Cadet Corps.
          2)Cheer team or Dance Team. 
          3)Color guard or Drill Team.
          4)Junior Reserve Officer Training Corps.
          5)Marching band. 

          AB 533 (Hayashi) from 2009, which was held in the Assembly  
          Appropriations Committee, would have added new requirements to  
          the California High School Coaching Education and Training  
          Program for training on recognizing and managing the signs and  
          symptoms of potentially catastrophic injuries; emergency action  
          planning; communicating effectively with 911 emergency services;  
          and, required high school sports coaches to complete a coaching  
          education program by December 31, 2010.  

          REGISTERED SUPPORT / OPPOSITION:




          Support










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          California Circuit Finals Rodeo


          California High School Rodeo Association


          California Horse Council


          Oakdale High School


          Professional Rodeo Cowboys Association


          Two Individuals




          Opposition


          American Heart Association


          American Stroke Association


          California Association for Health, Physical Education,  
          Recreation and Dance


          California Teachers Association


          SHAPE America










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          Numerous Individuals




          Analysis Prepared by:Chelsea Kelley / ED. / (916)  
          319-2087