Existing law describes the California Interscholastic Federation, provides the intent of the Legislature regarding its policies, and requires it to report to the Legislature and the Governor on its evaluation and accountability activities on or before January 1, 2016. Existing federal law, Title IX of the federal Education Amendments of 1972, prohibits sex discrimination in an educational institutions programs and activities.

This bill would require the California Interscholastic Federation, in consultation with the State Department of Education, to, no later than July 1, 2017, develop guidelines, procedures, and safety standards for the purpose of classifying competition cheer as an interscholastic sport, as specified. The bill would require the California Interscholastic Federation to seek a United States Department of Education Office for Civil Rights Title IX compliance designation for competition cheer, and would specify that competition cheer shall not be counted toward a schools Title IX compliance unless the United States Department of Educations Office for Civil Rights deems competition cheer compliant with its definition of a sport.

Existing law describes the California Interscholastic Federation, provides the intent of the Legislature regarding its policies, and requires it to report to the Legislature and the Governor on its evaluation and accountability activities on or before January 1, 2016. Existing federal law, Title IX of the federal Education Amendments of 1972, prohibits sex discrimination in an educational institutions programs and activities.

This bill would require the California Interscholastic Federation, in consultation with the State Department of Education, to, no later than July 1, 2017, develop guidelines, procedures, and safety standards for the purpose of classifying competition cheer as an interscholastic sport, as specified. The bill would require the California Interscholastic Federation to seek a United States Department of Education Office for Civil Rights Title IX compliance designation for competition cheer, and would specify that competition cheer shall not be counted toward a schools Title IX compliance unless the United States Department of Educations Office for Civil Rights deems competition cheer compliant with its definition of a sport.

Existing law describes the California Interscholastic Federation, provides the intent of the Legislature regarding its policies, and requires it to report to the Legislature and the Governor on its evaluation and accountability activities on or before January 1, 2016. Existing federal law, Title IX of the federal Education Amendments of 1972, prohibits sex discrimination in an educational institutions programs and activities.

This bill would require the California Interscholastic Federation, in consultation with the State Department of Education, to, no later than July 1, 2017, develop guidelines, procedures, and safety standards for the purpose of classifying competition cheer as an interscholastic sport, as specified. The bill would require the California Interscholastic Federation to seek a United States Department of Education Office for Civil Rights Title IX compliance designation for competition cheer, and would specify that competition cheer shall not be counted toward a schools Title IX compliance unless the United States Department of Educations Office for Civil Rights deems competition cheer compliant with its definition of a sport.

(1)Existing law describes the California Interscholastic Federation, provides the intent of the Legislature regarding its policies, and requires it to report to the Legislature and the Governor on its evaluation and accountability activities on or before January 1, 2016.

This bill would provide that it is the intent of the Legislature that, require the California Interscholastic Federation, in consultation with the State Department of Education, to, no later than January July 1, 2017, the California Interscholastic Federation, in consultation with the State Department of Education, develop guidelines, procedures, and safety standards for the purpose of classifying cheerleading competition cheer as an interscholastic sport. sport, as specified.

Existing law exempts a student, other than a nonimmigrant alien, as defined, from paying nonresident tuition at the California State University and the California Community Colleges if the student meets certain requirements. Existing law authorizes a community college district to report a student who is exempt from nonresident tuition as a full-time equivalent student for apportionment purposes.

This bill would make a nonsubstantive change to this provision.

 THIRD READING  

Bill No: AB 949

Author: Gonzalez (D), et al.

Amended: 5/6/15 in Assembly

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 7/1/15

AYES: Liu, Runner, Leyva, Mendoza, Monning, Pan, Vidak

NO VOTE RECORDED: Block, Hancock

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 77-1, 6/1/15 - See last page for vote

SUBJECT: Physical education: competition cheer

SOURCE: Author

DIGEST: This bill requires the California Interscholastic Federation to develop guidelines, procedures, and safety standards to classify competition cheer as an interscholastic sport.

ANALYSIS: Existing federal law, Title IX, requires local educational agencies to ensure that male and female students are provided equal opportunities to participate in interscholastic athletics programs consistent with Title IX (United States Code, Title 20 § 1681 et seq. and Code of Federal Regulations, Title 34, Part 106)

Existing state law:

1. Provides that the California Interscholastic Federation (CIF) is a voluntary organization consisting of school and school-related personnel with responsibility for administering interscholastic athletic activities in secondary schools. (Education Code § 33353)

2. Requires the California Department of Education (CDE) to have the following authority over interscholastic athletics:

1. The CDE may state that the policies of school districts and the CIF are in compliance with both state and federal law.
   
   

2. The CDE may require school districts or the CIF to adjust policies to be in compliance, but the CDE does not have the authority to determine the specific policy that a school district must adopt in order to comply with state or federal law.
   
   

3. The CDE is authorized to begin legal proceedings if a school district or the CIF does not change its policy.

This bill requires the CIF to develop guidelines, procedures, and safety standards to classify competition cheer as an interscholastic sport. Specifically, this bill:

1. Requires the CIF, in consultation with the CDE, to develop guidelines, procedures, and safety standards for the purpose of classifying competition cheer as an interscholastic sport that is consistent with the United States Department of Education Office for Civil Rights' (OCR) definition of a sport.
   
   

2. Requires the CIF to develop the guidelines, procedures and safety standards by July 1, 2017.
   
   

3. Requires the CIF to seek an OCR Title IX compliance designation for competition cheer.
   
   

4. Prohibits competition cheer from counting towards a school's Title IX compliance unless the OCR deems competition cheer compliant with its definition of a sport.
   
   

5. Defines “competition cheer” as a sport in which teams participate in direct, head-to-head competition with one another using an objective scoring system.
   
   

Comments

What is a "sport" under Title IX? In September 2008, the OCR issued a Dear Colleague Letter: Athletic Activities Counted for Title IX Compliance document, "to provide State educational agencies, local educational agencies, and postsecondary institutions with information to ensure that male and female students are provided equal opportunities to participate in intercollegiate and interscholastic athletics programs consistent with Title IX of the Education Amendments of 1972, 20 U.S.C §§ 1681 et seq., and its implementing regulations (34 C.F.R. Part 106). Specifically, this letter provides clarifying information to help institutions determine which intercollegiate or interscholastic athletic activities can be counted for the purpose of Title IX compliance; it does not represent a change in OCR’s policy under Title IX." [http://www2.ed.gov/about/offices/list/ocr/letters/colleague-20080917.html]

The letter outlined several factors to consider on a case-by-case evaluation of whether an activity can be counted as an intercollegiate or interscholastic sport for the purpose of Title IX compliance. OCR will consider factors including:

1. Program structure and administration.

2. Team preparation and competition.

3. Practice opportunities.

4. Competitive opportunities.

According to the federal OCR:

It is OCR’s policy to encourage compliance with the Title IX athletics regulations in a flexible manner that expands, rather than limits, student athletic opportunities. By disseminating this list of factors, OCR intends to provide institutions with information to include new sports in their athletics programs, such as those athletic activities not yet recognized by governing athletics organizations and those featured at the Olympic games, if they so choose. Expanding interscholastic and intercollegiate competitive athletic opportunities through new sports can benefit students by creating and stimulating student interest in athletics, taking advantage of athletic opportunities specific to a particular competitive region, and providing the opportunity for access to a wide array of competitive athletic activities.

CIF sports vs non-CIF sports. With the creation of competition cheer as a new interscholastic sport, participants in the sport will be governed by rules adopted by CIF, competition cheer coaches will be required to complete the same training as all other interscholastic coaches, and participants will be eligible for an exemption from physical education courses, like all other interscholastic sport participants.

Slippery slope? Statutes do not currently address specific sports or direct CIF to do anything other than report to the Legislature and Governor on its evaluation and accountability activities, by January 1, 2016. Does requiring CIF, through statute, to essentially designate competition cheer, and only competition cheer, as a sport set a precedent for adding one sport at a time?

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

SUPPORT: (Verified 7/14/15)

American Academy of Pediatrics

California Athletic Trainers Association

California Interscholastic Federation

California Medical Association

California Physical Therapy Association

California School Boards Association

Safe Kids San Diego

OPPOSITION: (Verified 7/14/15)

Fair Play for Girls

ARGUMENTS IN SUPPORT: According to the California Physical Therapy Association, this bill makes competitive cheer a sport and provides California students with much needed safety resources and regulations. Cheerleading injuries account for 65% of all major injuries in girl’s high school athletics according to the national Center for Catastrophic Sport Injury Research. Recognizing competitive cheerleading as a sport provides cheerleaders and cheerleading coaches with resources that CIF sanctioned sports receive. Having CIF standards ensures a certain level of coaching competency and skill, and provides California students the safety standards that are given to CIF sanctioned sports.

ARGUMENTS IN OPPOSITION: According to Fair Play for Girls, “although the initial impetus for the bill was to make cheerleading safer, we believe that simply designating cheerleading as a ‘sport’ does not achieve that goal. Moreover, we have serious Title IX concerns that have not been addressed; we believe this bill will result in schools counting cheerleaders as athletic participants for Title IX purposes without affording female students the structure and benefits of full-fledged sports.”

ASSEMBLY FLOOR: 77-1, 6/1/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Roger Hernández, Holden, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NOES: Harper

NO VOTE RECORDED: Irwin, Mayes

Prepared by: Lynn Lorber / ED. / (916) 651-4105

7/14/15 18:34:07

**** END ****

SENATE COMMITTEE ON EDUCATION

Senator Carol Liu, Chair

2015 - 2016 Regular

Bill No: AB 949

Subject: Physical education: competition cheer

SUMMARY

This bill requires the California Interscholastic Federation to develop guidelines, procedures, and safety standards to classify competition cheer as an interscholastic sport.

BACKGROUND

The California Interscholastic Federation (CIF) is a voluntary organization consisting of school and school-related personnel with responsibility for administering interscholastic athletic activities in secondary schools. (Education Code § 33353)

Existing law requires the California Department of Education (CDE) to have the following authority over interscholastic athletics:

1. The CDE may state that the policies of school districts and the CIF are in compliance with both state and federal law.
   
   

2. The CDE may require school districts or the CIF to adjust policies to be in compliance, but the CDE does not have the authority to determine the specific policy that a school district must adopt in order to comply with state or federal law.
   
   

3. The CDE is authorized to begin legal proceedings if a school district or the CIF does not change its policy.

Existing federal law, Title IX, requires local educational agencies to ensure that male and female students are provided equal opportunities to participate in interscholastic athletics programs consistent with Title IX (United States Code, Title 20 § 1681 et seq. and Code of Federal Regulations, Title 34, Part 106)

ANALYSIS

This bill requires the CIF to develop guidelines, procedures, and safety standards to classify competition cheer as an interscholastic sport. Specifically, this bill:

1. Requires the CIF, in consultation with the California Department of Education (CDE), to develop guidelines, procedures, and safety standards for the purpose of classifying competition cheer as an interscholastic sport that is consistent with the United States Department of Education Office for Civil Rights' definition of a sport.
   
   

2. Requires the California Interscholastic Federation (CIF) to develop the guidelines, procedures and safety standards by July 1, 2017.
   
   

3. Requires the CIF to seek a United States Department of Education Office of Civil Rights Title IX compliance designation for competition cheer.
   
   

4. Prohibits competition cheer from counting towards a school's Title IX compliance unless the Office of Civil Rights deems competition cheer compliant with its definition of a sport.
   
   

5. Defines “competition cheer” as a sport in which teams participate in direct, head-to-head competition with one another using an objective scoring system.

STAFF COMMENTS

1. Need for the bill. According to the author, “Cheerleading regulations are not included as an interscholastic sport under the California Department of Education’s jurisdiction. The lack of formal governance, standards and regulations has resulted in inconsistent safety and training of coaches. The recognition of cheerleading as an official sport will provide resources to cheerleading coaches and cheerleaders, consistent with other California Interscholastic Federation (CIF)-sanctioned sports. The benefits of having the same CIF standards will ensure a certain level of coaching competency and skill once safety guidelines are developed by the Department and CIF.”
   
   

2. What is a "sport" under Title IX? In September 2008, the US Department of Education Office of Civil Rights (OCR) issued a Dear Colleague Letter: Athletic Activities Counted for Title IX Compliance document, "to provide State educational agencies, local educational agencies, and postsecondary institutions with information to ensure that male and female students are provided equal opportunities to participate in intercollegiate and interscholastic athletics programs consistent with Title IX of the Education Amendments of 1972, 20 U.S.C §§ 1681 et seq., and its implementing regulations (34 C.F.R. Part 106). Specifically, this letter provides clarifying information to help institutions determine which intercollegiate or interscholastic athletic activities can be counted for the purpose of Title IX compliance; it does not represent a change in OCR’s policy under Title IX." http://www2.ed.gov/about/offices/list/ocr/letters/colleague-20080917.html
   
   The letter outlined several factors to consider on a case-by-case evaluation of whether an activity can be counted as an intercollegiate or interscholastic sport for the purpose of Title IX compliance, OCR will consider factors including:
   
   

1. Program structure and administration.

2. Team preparation and competition.

3. Practice opportunities.

4. Competitive opportunities.

According to the federal Office of Civil Rights (OCR):

It is OCR’s policy to encourage compliance with the Title IX athletics regulations in a flexible manner that expands, rather than limits, student athletic opportunities. By disseminating this list of factors, OCR intends to provide institutions with information to include new sports in their athletics programs, such as those athletic activities not yet recognized by governing athletics organizations and those featured at the Olympic games, if they so choose. Expanding interscholastic and intercollegiate competitive athletic opportunities through new sports can benefit students by creating and stimulating student interest in athletics, taking advantage of athletic opportunities specific to a particular competitive region, and providing the opportunity for access to a wide array of competitive athletic activities.

3. California Interscholastic Federation (CIF) sports vs non-CIF sports. With the creation of competition cheer as a new interscholastic sport, participants in the sport will be governed by rules adopted by CIF, competition cheer coaches will be required to complete the same training as all other interscholastic coaches, and participants will be eligible for an exemption from physical education courses, like all other interscholastic sport participants.
   
   

4. Slippery slope? Statutes do not currently address specific sports or direct CIF to do anything other than report to the Legislature and Governor on its evaluation and accountability activities, by January 1, 2016. Does requiring CIF, through statute, to essentially designate competition cheer, and only competition cheer, as a sport set a precedent for adding one sport at a time?
   
   

5. Fiscal impact. According to the Assembly Appropriations Committee, there are no additional costs for the California Department of Education for consultation with the CIF, which is not a state-funded entity.
   
   

6. Related and prior legislation.
   
   RELATED LEGISLATION
   
   SB 138 (Fuller, 2015) authorizes school districts to exempt high school students from physical education courses if the student is engaged in high school rodeo. SB 138 is scheduled to be heard by the Assembly Education Committee on July 8.
   
   PRIOR LEGISLATION
   
   AB 1893 (Hayashi, 2010) required all high school spirit activities (HSSA) coaches to have a valid certification in Cardiopulmonary resuscitation (CPR) and first aid, and established several requirements for HSSA coaches and students participating in HSSA including, requiring students to have an annual medical examination and receive proper training, and requiring HSSA coaches to develop an emergency plan. AB 1893 was never heard by the Assembly Education Committee.
   
   AB 351 (Salas, 2009) authorized the governing board of a school district that provides the following courses or programs to exempt any student participating in such a course or program from physical education and from the physical education high school graduation requirement: California Cadet Corps; Cheer team or Dance Team; Color guard or Drill team; Junior Reserve Officer Training Corps; Marching band. AB 351 failed passage in the Assembly Education Committee.

SUPPORT

California Athletic Trainers Association

California Interscholastic Federation

California Medical Association

California Physical Therapy Association

California School Boards Association

Safe Kids San Diego

OPPOSITION

Fair Play for Girls

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 949

Author:(Gonzalez)

As Amended Ver:May 6, 2015

Majority vote

SUMMARY: Would require the California Interscholastic Federation (CIF), in consultation with the State Department of Education, to develop guidelines, procedures, and safety standards for the purpose of classifying competition cheer as an interscholastic sport, as specified, no later than July 1, 2017. This bill would also require the CIF to seek a United States Department of Education Office for Civil Rights Title IX compliance designation for competition cheer, and would specify that competition cheer shall not be counted toward a school's Title IX compliance unless the United States Department of Education's Office for Civil Rights deems competition cheer compliant with its definition of a sport.

FISCAL EFFECT: According to the Assembly Appropriations Committee, there are no additional costs for the California Department of Education for consultation with the CIF, which is not a state-funded entity.

COMMENTS: This bill creates competition cheer as a new interscholastic sport governed by the CIF. With the creation of competition cheer as a new interscholastic sport, participants in the sport will be governed by rules adopted by CIF, competition cheer coaches will be required to complete the same training as all other interscholastic coaches, and participants will be eligible for an exemption from physical education courses, like all other interscholastic sport participants. It should be noted that competition cheer is different than sideline cheer. Competition cheer will be regulated like all other interscholastic sports, meaning that they will compete in regular direct competitions with other teams, and only compete during one season. Sideline cheer that you might see at football and basketball games is not competition cheer and will not be considered an interscholastic sport.

According to the author, this bill would create new safety guidelines for training and potentially spark changes in athletic department funding for cheer at California high schools. The recognition of cheer as an official sport will provide resources to cheer coaches and cheerleaders consistent with other CIF-sanctioned sports. The benefits of having the same CIF standards will ensure a certain level of coaching competency and skill once safety guidelines are developed by the California Department of Education and CIF. Incidents of cheer injuries – including fractures, spinal damage, head injuries, concussions and paralysis – have increased (as cheer has become more popular). According to the Consumer Product Safety Commission, in 2011, there were almost 37,000 emergency room visits for cheer injuries. Cheer injuries account for approximately 65% of all catastrophic injuries in girls' high school athletics, according to a recent report by the National Center for Catastrophic Sport Injury Research at the University of North Carolina. The medical field has recognized the dramatically increase popularity of cheer and injuries. The American Academy of Pediatrics issued a policy statement and The American Medical Association adopted the policy to consider cheer a sport because of its rigors and risks.

Please see Assembly Arts, Entertainment, Sports, Tourism, and Internet Media analysis for full discussion of the measure.

Analysis Prepared by: Dana Mitchell / A.,E.,S.,T., & I.M. / (916) 319-3450 FN: 0000528

Date of Hearing: May 27, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 949

Author:(Gonzalez) – As Amended Ver:May 6, 2015

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill:

1. Requires the California Interscholastic Federation (CIF), by July 1, 2017, and in consultation with the California Department of Education (CDE), to develop guidelines, procedures, and safety standards for the purpose of classifying competition cheer as an interscholastic sport.

2. Requires the CIF to seek a Title IX compliance designation for competition cheer from the U.S. Department of Education (USDE), and stipulates that competition cheer shall not count towards a school's Title IX compliance, unless the USDE deems it compliant with its definition of a sport.

FISCAL EFFECT:

No additional costs for CDE for consultation with the CIF, which is not a state-funded entity.

COMMENTS:

1. Purpose. With the creation of competition cheer as a new interscholastic sport, participants in the sport will be governed by rules adopted by CIF, competition cheer coaches will be required to complete the same training as all other interscholastic coaches, and participants will be eligible for an exemption from physical education courses, like all other interscholastic sport participants.

According to the author, AB 949 would create new safety guidelines for training and potentially spark changes in athletic department funding for cheer at California high schools. The recognition of cheer as an official sport will provide resources to cheer coaches and cheerleaders consistent with other CIF-sanctioned sports. The benefits of having the same CIF standards will ensure a certain level of coaching competency and skill once safety guidelines are developed by the Department and CIF.

2. Background. The CIF is an association of public, private and parochial secondary schools which was formally established in 1914. The CIF is authorized by state statute and is responsible for administering all high school athletic programs; including establishing rules for participation. According to the CIF website, more than 1,372 public and private high schools in California compete in the wide range of athletic activities administered by the CIF and organized under the direction of local school boards. In total, over 700,000 girls and boys throughout the state compete in more than 30 sports each year.

3. Title IX of the Education Amendments of 1972 to the 1964 Civil Rights Act states that, "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance." Title IX applies to all aspects of educational opportunities, not just athletics.

Under existing case law, traditional cheer and competitive cheer are not classified as sports for Title IX purposes, though the Michigan High School Athletic Association has sought such recognition. The legal standing of competitive cheer in Michigan is unclear, however.

Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081

Date of Hearing: April 29, 2015

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

ABPCA Bill Id:AB 949

Author:(Gonzalez) – As Amended Ver:April 22, 2015

[This bill was double referred from the Committee on Arts, Entertainment, Sports, Tourism and Internet Media and was heard as it related to that committee's jurisdiction.]

SUBJECT: Physical education: competition cheer

SUMMARY: Requires the California Interscholastic Federation (CIF), in consultation with the California Department of Education (CDE), to develop guidelines, procedures, and safety standards for the purpose of classifying competition cheer as an interscholastic sport that is consistent with the Federal Department of Education Office of Civil Rights (OCR) definition of sport, by July 1, 2017.

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 (EC) 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. (EC 51242)

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. (EC 51222)

4. Establishes the CIF as a voluntary organization responsible for administering high school interscholastic athletics and sunsets this authorization on January 1, 2017.

5. Requires the CIF to report to the Legislature and Governor by January 1, 2016, on several specified goals and objectives, such as effectiveness of the governance structure, gender equity, health and safety, and economic viability.

6. Authorizes the California Department of Education (CDE) to determine if the policies of school districts and the CIF are in compliance with state and federal laws, as specified.

7. Prohibits discrimination based on sex and considers exclusion from the participation in, or denial of opportunity in athletic programs as discrimination.

8. Provides the following three ways an educational institution may be found to be providing equivalent athletic opportunities:

1. If interscholastic level participation opportunities for male and female pupils are provided in numbers substantially proportionate to their respective enrollments;

2. If the school district can show a history and continuing practice of program expansion that is demonstrably responsive to the developing interest and abilities of the members of the sex that have been and are underrepresented among interscholastic athletes; or

3. If the school district can demonstrate that the interest and abilities of the members of the sex that have been underrepresented among interscholastic athletes is fully and effectively accommodated by the present program, where, in the past, the school district was unable to show a continuing practice of program expansion.

EXISTING FEDERAL LAW provides that "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance." Title IX applies to all aspects of educational opportunities, not just athletics. (Title IX of the Education Amendments of 1972 to the 1964 Civil Rights Act)

FISCAL EFFECT: Unknown

COMMENTS: This bill creates competition cheer as a new interscholastic sport governed by the California Interscholastic Federation (CIF). With the creation of competition cheer as a new interscholastic sport, participants in the sport will be governed by rules adopted by CIF, competition cheer coaches will be required to complete the same training as all other interscholastic coaches, and participants will be eligible for an exemption from physical education courses, like all other interscholastic sport participants. The committee should note that competition cheer is different than sideline cheer. Competition cheer will be regulated like all other interscholastic sports, meaning that they will compete in regular direct competitions with other teams, and only compete during one season. Sideline cheer that you might see at football and basketball games is not competition cheer and will not be considered an interscholastic sport.

According to the author, AB 949 would create new safety guidelines for training and potentially spark changes in athletic department funding for cheer at California high schools. The recognition of cheer as an official sport will provide resources to cheer coaches and cheerleaders consistent with other California Interscholastic Federation (CIF)-sanctioned sports. The benefits of having the same CIF standards will ensure a certain level of coaching competency and skill once safety guidelines are developed by the Department and CIF. Incidents of cheer injuries – including fractures, spinal damage, head injuries, concussions and paralysis – have increased (as cheer has become more popular). According to the Consumer Product Safety Commission, in 2011, there were almost 37,000 emergency room visits for cheer injuries. Cheer injuries account for approximately 65% of all catastrophic injuries in girls’ high school athletics, according to a recent report by the National Center for Catastrophic Sport Injury Research at the University of North Carolina. The medical field has recognized the dramatically increase popularity of cheer and injuries. The American Academy of Pediatrics issued a policy statement and The American Medical Association adopted the policy to consider cheer a sport because of its rigors and risks.

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.

Competition cheer is not currently an interscholastic athletic program; is not authorized for an exemption from physical education; and, is not 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 in existing state law.

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:

1. Development of coaching philosophies consistent with the goals of the school, school district, and school district governing board.

2. Sport psychology.

3. Sport pedagogy.

4. Sport physiology including principles of training and the harmful effects associated with the use of steroids.

5. Sport management.

6. Training certification in CPR and first aid.

7. Knowledge of and adherence to statewide rules and regulations, as well as school regulations including, but not necessarily limited to, eligibility, gender equity, and discrimination.

8. 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.

Who is the CIF? The CIF is an association of public, private and parochial secondary schools which was formally established in 1914. The CIF is authorized by state statute and is responsible for administering all high school athletic programs; including establishing rules for participation.

In 1981, the Legislature delegated state oversight of high school athletics to local school district governing boards. That same legislation recognized the authority of the CIF, and allowed the local districts to join such associations.

According to the CIF website, more than 1,372 public and private high schools in California compete in the wide range of athletic activities administered by the CIF and organized under the direction of local school boards. In total, over 700,000 girls and boys throughout the state compete in more than 30 sports each year.

Title IX Concerns: Under existing case law traditional cheer and competitive cheer are not sports. The CIF Website refers readers to the following article from High School Today, entitled Cheerleading is not a sport: Can cheer and competitive cheer be considered? Wherein the writer opines, "There appears to be unanimous agreement across the country that cheer is not a sport as it relates to Title IX purposes. Cheer’s primary purpose from its origin centuries ago has been to support the athletic teams and to lead the crowd. Cheer teams can add the elements of gymnastics, dance and stunting, but the main goal of their existence does not change. With that being said, the confusion comes from the terms 'competitive cheer' and 'cheer.' If you enter 'Is cheer or cheer a sport?' in an Internet search, literally thousands of articles or opinion papers appear. An association or an outside organization can refer to cheer any way it desires, but there is only one organization that can determine if the athletes meet the definition of sport and be considered in the school’s proportionality count for equitable opportunities offered…. Unfortunately, too many interscholastic institutions have tried and failed to use cheer/competitive cheer/spirit numbers for proportionality without meeting all the criteria. Don’t be confused; the titles are not the problem, and the criteria and standards are not debatable."

According to Title IX case law, it appears that sideline cheer and competitive cheer are not sports. The following cases offer guidance and the committee may note that cases regarding college athletics are relevant to the interpretation of Title IX at the primary and secondary school levels. From the Biediger case: Sideline Cheer and Competition cheer does “not qualify as a varsity sport for the purposes of Title IX, therefore, its members may not be counted as athletic participants under the statute…For an athletic opportunity to count under Title IX, it must be genuine, meaning that it must take place in the course of playing an actual ‘sport….To qualify the activity must allow an athlete to receive the same benefits and experience that she would receive if she played on another established varsity squad.” Biediger v. Quinnipiac Univ., 728 F. Supp. 2d 62, 91 (D. Conn. 2010) aff'd, 691 F.3d 85 (2d Cir. 2012).

Further, the Torres decision wherein it was held, “Primary purpose of . . . any cheer team, is to support athletic teams and the school at various athletic competitions . . . lack of competition against other teams or individuals excludes . . . [cheer] from being classified as a sporting team.” Torres v. University of Massachusetts, 2005 WL 5652770 (Mass. Super.)

What is a "sport" under Title IX? In September 2008, the US Department of Education Office of Civil Rights (OCR) issued a Dear Colleague Letter: Athletic Activities Counted for Title IX Compliance document, "to provide State educational agencies, local educational agencies, and postsecondary institutions with information to ensure that male and female students are provided equal opportunities to participate in intercollegiate and interscholastic athletics programs consistent with Title IX of the Education Amendments of 1972, 20 U.S.C §§ 1681 et seq., and its implementing regulations (34 C.F.R. Part 106)…Specifically, this letter provides clarifying information to help institutions determine which intercollegiate or interscholastic athletic activities can be counted for the purpose of Title IX compliance; it does not represent a change in OCR’s policy under Title IX."

The letter outlined several factors to consider on a case-by-case evaluation of whether an activity can be counted as an intercollegiate or interscholastic sport for the purpose of Title IX compliance, OCR will consider all of the following factors:

PROGRAM STRUCTURE AND ADMINISTRATION — Taking into account the unique aspects inherent in the nature and basic operation of specific sports, OCR considers whether the activity is structured and administered in a manner consistent with established intercollegiate or interscholastic varsity sports in the institution’s athletics program...

TEAM PREPARATION AND COMPETITION — Taking into account the unique aspects inherent in the nature and basic operation of specific sports, OCR considers whether the team prepares for and engages in competition in a manner consistent with established varsity sports in the institution’s intercollegiate or interscholastic athletics program, including:

1. Whether the practice opportunities (e.g., number, length and quality) are available in a manner consistent with established varsity sports in the institution’s athletics program; and

2. Whether the regular season competitive opportunities differ quantitatively and/or qualitatively from established varsity sports; whether the team competes against intercollegiate or interscholastic varsity opponents in a manner consistent with established varsity sports. When analyzing this factor, the following may be taken into consideration:

   1. Whether the number of competitions and length of play are predetermined by a governing athletics organization, an athletic conference, or a consortium of institutions;

   2. Whether the competitive schedule reflects the abilities of the team; and

   3. Whether the activity has a defined season; whether the season is determined by a governing athletics organization, an athletic conference, or a consortium.

   4. If pre-season and/or post-season competition exists for the activity, whether the activity provides an opportunity for student athletes to engage in the pre-season and/or post-season competition in a manner consistent with established varsity sports; for example, whether state, national and/or conference championships exist for the activity; and

   5. Whether the primary purpose of the activity is to provide athletic competition at the intercollegiate or interscholastic varsity levels rather than to support or promote other athletic activities. When analyzing this factor, the following may be taken into consideration:

1. Whether the activity is governed by a specific set of rules of play adopted by a state, national, or conference organization and/or consistent with established varsity sports, which include objective, standardized criteria by which competition must be judged;

2. Whether resources for the activity (e.g., practice and competition schedules, coaching staff) are based on the competitive needs of the team;

3. If post-season competition opportunities are available, whether participation in post-season competition is dependent on or related to regular season results in a manner consistent with established varsity sports; and

4. Whether the selection of teams/participants is based on factors related primarily to athletic ability.

"It is OCR’s policy to encourage compliance with the Title IX athletics regulations in a flexible manner that expands, rather than limits, student athletic opportunities. By disseminating this list of factors, OCR intends to provide institutions with information to include new sports in their athletics programs, such as those athletic activities not yet recognized by governing athletics organizations and those featured at the Olympic games, if they so choose. Expanding interscholastic and intercollegiate competitive athletic opportunities through new sports can benefit students by creating and stimulating student interest in athletics, taking advantage of athletic opportunities specific to a particular competitive region, and providing the opportunity for access to a wide array of competitive athletic activities."

Michigan High School Athletic Association. The Michigan High School Athletic Association (MHSAA) quotes this October 2001 letter from OCR and states that this documents OCR's determination that competitive cheer is a sport, “The material tends to support in several ways the characterization of MHSAA-sanctioned competitive cheer as a Title IX sport in that it specifies the season of sport, identifies the eligibility requirements and standardized judging criteria used by registered officials, notes the availability of some state and conference championships and scholarship monies, and certifies that this activity is recognized as a sport by MHSAA and interscholastic athletics conferences within Michigan.”

The letter further states, however, "In addition to the material you submitted, we recommend that before you conclude that competitive cheer in the state of Michigan generally satisfies the Title IX standards for sport, you look more closely at the actual operation of competitive cheer programs at your member schools and consider information from a broader selection of high school athletic programs. The following areas would be relevant for your consideration:

• Relationship of competitive cheer to high school athletics departments and other sports.

• Team selection, preparation and competition.

• Relationship between competitive and sideline cheer.

• Scholarships and recognition."

"Once you have collected this information, we would be happy to provide further technical assistance."

Since OCR made recommendations for further consideration by MHSAA, before MHSAA deemed competitive cheer a sport in compliance with Title IX, the legal standing of competitive cheer in Michigan is unclear. It is also unclear whether this will affect California's ability to create a new Cheer sport that is compliant with the Federal Office for Civil Rights definition of Sport under Title IX.

Definition of Competition Cheer and Title IX Compliance: Due to the long history and legal controversy surrounding sideline cheer and competitive cheer, the committee may wish to consider whether to change the name of the Competition cheer program to a name that hasn't already been deemed non-compliant with Title IX. Staff recommends the committee amend the bill to define Competition Cheer to mean a sport wherein teams participate in direct head to head competition with another team with an objective scoring system. This definition could help clarify that the intent of this bill is for CIF to create the new sport called Competition Cheer that is not sideline cheer, but an entirely new sport that is compliant with Title IX pursuant to OCR's definition of sport. The intent is for CIF to create a new sport called Competition Cheer, then seek compliance with Title IX pursuant to the OCR. Further staff recommends, the committee amend the bill to specify that CIF shall seek Title IX compliance with OCR, but until or unless that compliance has been achieved, schools shall not count Competition Cheer towards Title IX compliance.

Outstanding concerns, safety of unregulated cheer activities: The author remains concerned about the health and safety standards for those disciplines of cheer which are not to be regulated as CIF recognized sports. Pointing to studies which demonstrate that even sideline cheer can be dangerous when performed under unsafe condition (such as tumbling and pyramid practice on asphalt concrete surfaces), the author wishes to continue exploring ways to make the entire spectrum of cheer as safe as the proposed new sport of Competition Cheer will be.

Committee Amendments: Staff recommends the following amendments:

1. Define Competition Cheer to mean a sport wherein teams participate in direct head to head competition with another team, with an objective scoring system.

2. Specify that CIF shall seek Title IX compliance with OCR, but until or unless that compliance has been achieved, schools shall not count Competition Cheer towards Title IX compliance.

Previous Legislation: AB 351 (Salas), of 2009, which failed passage in Assembly, would have authorized 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: California Cadet Corps; Cheer team or Dance Team; Color guard or Drill team; Junior Reserve Officer Training Corps; Marching band.

AB 1646 (Hayashi), of 2010, which was held in Assembly Appropriations Committee, would have amended the existing California High School Coaching Education and Training (CHSCET) program to require coaches be trained in a basic understanding of the signs and symptoms of specified injuries, including those related to the head and neck.

AB 1647 (Hayashi), of 2010, which was vetoed by the Governor, would have established certification and training requirements for athletic trainers, and prohibited individuals from calling themselves athletic trainers unless they met specified requirements.

AB 1893 (Hayashi), of 2010, which was held in Assembly Education Committee, would have require beginning July 1, 2011, all high school spirit activities (HSSA) coaches to have a valid certification in CPR and first aid and, establishes several requirements for HSSA coaches and pupils including, but not limited to requiring pupils participating in HSSA to have an annual medical examination and receive proper training, and requiring HSSA coaches to develop an emergency plan.

REGISTERED SUPPORT / OPPOSITION:

Support

(Previous Version)

California Interscholastic Federation

California Athletic Trainers Association

Opposition

(Previous Version)

An Individual

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

Date of Hearing: April 21, 2015

ASSEMBLY COMMITTEE ON ARTS, ENTERTAINMENT, SPORTS, TOURISM, AND INTERNET MEDIA

Ian Charles Calderon, Chair

ABPCA Bill Id:AB 949

Author:(Gonzalez) – As Amended Ver:March 26, 2015

AS PROPOSED TO BE AMENDED

SUBJECT: Physical education: cheerleading.

SUMMARY: Would require the California Interscholastic Federation (CIF), in consultation with the state Department of Education (department), to develop guidelines, procedures, and safety standards for the purpose of classifying competition cheer as an interscholastic sport that is compliant with the Federal Department of Education Office of Civil Rights (OCR) definition of sport, by July 1, 2017.

EXISTING LAW:

1. Requires, as a condition of graduation, pupils in grades 9 to 12 to complete 2 courses in physical education, unless otherwise exempted.

2. 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.

3. 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.

4. Establishes the CIF as a voluntary organization responsible for administering high school interscholastic athletics and sunsets this authorization on January 1, 2017.

5. Requires the CIF to report to the Legislature and Governor by January 1, 2016, on several specified goals and objectives, such as effectiveness of the governance structure, gender equity, health and safety, and economic viability.

6. Authorizes the California Department of Education (CDE) to determine if the policies of school districts and the CIF are in compliance with state and federal laws, as specified.

7. Prohibits discrimination based on sex and considers exclusion from the participation in, or denial of opportunity in athletic programs as discrimination.

8. Provides the following three ways an educational institution may be found to be providing equivalent athletic opportunities:

1. If interscholastic level participation opportunities for male and female pupils are provided in numbers substantially proportionate to their respective enrollments;

1. If the school district can show a history and continuing practice of program expansion that is demonstrably responsive to the developing interest and abilities of the members of the sex that have been and are underrepresented among interscholastic athletes; or

2. If the school district can demonstrate that the interest and abilities of the members of the sex that have been underrepresented among interscholastic athletes is fully and effectively accommodated by the present program, where, in the past, the school district was unable to show a continuing practice of program expansion.

EXISTING FEDERAL LAW provides that "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance." (Title IX of the Education Amendments of 1972 to the 1964 Civil Rights Act".

Title IX applies to all aspects of educational opportunities, not just athletics.

FISCAL EFFECT: Unknown

COMMENTS:

1. Bill is being heard as proposed to be amended in mock-up form. Amendments will be adopted in the Education Committee due to policy hearing deadline time constraints and double referral.

2. Author's Statement of need for legislation

According to the author, "AB 949 would create new safety guidelines for training and potentially spark changes in athletic department funding for cheerleading at California high schools. The recognition of cheerleading as an official sport will provide resources to cheerleading coaches and cheerleaders consistent with other California Interscholastic Federation (CIF)-sanctioned sports. The benefits of having the same CIF standards will ensure a certain level of coaching competency and skill once safety guidelines are developed by the Department and CIF.

"Traditional cheerleading was predominantly male in the early days, mainly consisting of tow-touch jumps, splits and clapping. Today, cheerleaders are mostly athletic females. Cheerleading has evolved significantly into a physically demanding competitive sport of its own. Cheerleading is as athletic and potentially dangerous as other sports, as cheer athletes perform gymnastic–style backflips, lifting and throwing team members, jumps, pyramid building and risky dance moves that are often performed on hard surfaces.

"Incidents of cheerleading injuries – including fractures, spinal damage, head injuries, concussions and paralysis – have increased (as cheer has become more popular). According to the Consumer Product Safety Commission, in 2011, there were almost 37,000 emergency room visits for cheerleading injuries. Cheerleading injuries account for approximately 65 percent of all catastrophic injuries in girls’ high school athletics, according to a recent report by the National Center for Catastrophic Sport Injury Research at the University of North Carolina.

"The medical field has recognized the dramatically increase popularity of cheerleading and injuries. The American Academy of Pediatrics issued a policy statement and The American Medical Association adopted the policy to consider cheerleading a sport because of its rigors and risks.

"AB 949’s designation of cheerleading as a sport will afford it consistent minimum safety resources and regulations. Equally as important, it means capturing cheerleading injury data.

This bill will have the responsible parties – California Department of Education and the California Interscholastic Federation – collaborate and develop higher consistence safety standards for cheerleaders."

3. Who is the CIF?

The CIF is an association of public, private and parochial secondary schools which was formally established in 1914. The CIF is authorized by state statute and is responsible for administering all high school athletic programs; including establishing rules for participation.

In 1981, the Legislature delegated state oversight of high school athletics to local school district governing boards. That same legislation recognized the authority of the CIF, and allowed the local districts to join such associations.

According to the CIF website, currently, more than 1,372 public and private high schools in California compete in the wide range of athletic activities administered by the CIF and organized under the direction of local school boards. In total, over 700,000 girls and boys throughout the state compete in more than 30 sports each year.

4. Title IX concerns: Under existing case law traditional cheerleading is not a sport.

The CIF Website refers readers to the following article from High School Today, entitled Cheerleading is not a sport: Can cheer and competitive cheer be considered? Wherein the writer opines,

"There appears to be unanimous agreement across the country that cheerleading is not a sport as it relates to Title IX purposes. Cheerleading’s primary purpose from its origin centuries ago has been to support the athletic teams and to lead the crowd. Cheerleading teams can add the elements of gymnastics, dance and stunting, but the main goal of their existence does not change. With that being said, the confusion comes from the terms 'competitive cheer' and 'cheer.' If you enter 'Is cheerleading or cheer a sport?' in an Internet search, literally thousands of articles or opinion papers appear. An association or an outside organization can refer to cheerleading any way it desires, but there is only one organization that can determine if the athletes meet the definition of sport and be considered in the school’s proportionality count for equitable opportunities offered…. Unfortunately, too many interscholastic institutions have tried and failed to use cheer/competitive cheer/spirit numbers for proportionality without meeting all the criteria. Don’t be confused; the titles are not the problem, and the criteria and standards are not debatable."

According to Title IX case law, cheer is not a sport. The following cases offer guidance and the committee may note that cases regarding college athletics are relevant to the interpretation of Title IX at the primary and secondary school levels. From the Biediger case:

Cheerleading does “not qualify as a varsity sport for the purposes of Title IX, therefore, its members may not be counted as athletic participants under the statute…For an athletic opportunity to count under Title IX, it must be genuine, meaning that it must take place in the course of playing an actual ‘sport….To qualify the activity must allow an athlete to receive the same benefits and experience that she would receive if she played on another established varsity squad.” Biediger v. Quinnipiac Univ., 728 F. Supp. 2d 62, 91 (D. Conn. 2010) aff'd, 691 F.3d 85 (2d Cir. 2012).

They also draw the committee's attention to the Torres decision wherein it was held, “Primary purpose of . . . any cheerleading team, is to support athletic teams and the school at various athletic competitions . . . lack of competition against other teams or individuals excludes . . . [cheer] from being classified as a sporting team.” Torres v. University of Massachusetts, 2005 WL 5652770 (Mass. Super.)

5. What is a "sport" under Title IX?

In September 2008, the US Department of Education Office of Civil Rights issued a Dear Colleague Letter: Athletic Activities Counted for Title IX Compliance document, "to provide State educational agencies, local educational agencies, and postsecondary institutions with information to ensure that male and female students are provided equal opportunities to participate in intercollegiate and interscholastic athletics programs consistent with Title IX of the Education Amendments of 1972, 20 U.S.C §§ 1681 et seq., and its implementing regulations (34 C.F.R. Part 106)…Specifically, this letter provides clarifying information to help institutions determine which intercollegiate or interscholastic athletic activities can be counted for the purpose of Title IX compliance; it does not represent a change in OCR’s policy under Title IX."

The letter outlined several factors to consider on a case-by-case evaluation of whether an activity can be counted as an intercollegiate or interscholastic sport for the purpose of Title IX compliance, OCR will consider all of the following factors:

a) PROGRAM STRUCTURE AND ADMINISTRATION — Taking into account the unique aspects inherent in the nature and basic operation of specific sports, OCR considers whether the activity is structured and administered in a manner consistent with established intercollegiate or interscholastic varsity sports in the institution’s athletics program...

b) TEAM PREPARATION AND COMPETITION — Taking into account the unique aspects inherent in the nature and basic operation of specific sports, OCR considers whether the team prepares for and engages in competition in a manner consistent with established varsity sports in the institution’s intercollegiate or interscholastic athletics program, including:

1. Whether the practice opportunities (e.g., number, length and quality) are available in a manner consistent with established varsity sports in the institution’s athletics program; and

2. Whether the regular season competitive opportunities differ quantitatively and/or qualitatively from established varsity sports; whether the team competes against intercollegiate or interscholastic varsity opponents in a manner consistent with established varsity sports;

3. When analyzing this factor, the following may be taken into consideration:

4. Whether the number of competitions and length of play are predetermined by a governing athletics organization, an athletic conference, or a consortium of institutions;

5. Whether the competitive schedule reflects the abilities of the team; and

6. Whether the activity has a defined season; whether the season is determined by a governing athletics organization, an athletic conference, or a consortium.

7. If pre-season and/or post-season competition exists for the activity, whether the activity provides an opportunity for student athletes to engage in the pre-season and/or post-season competition in a manner consistent with established varsity sports; for example, whether state, national and/or conference championships exist for the activity; and

c) Whether the primary purpose of the activity is to provide athletic competition at the intercollegiate or interscholastic varsity levels rather than to support or promote other athletic activities.

1. When analyzing this factor, the following may be taken into consideration:

2. Whether the activity is governed by a specific set of rules of play adopted by a state, national, or conference organization and/or consistent with established varsity sports, which include objective, standardized criteria by which competition must be judged;

3. Whether resources for the activity (e.g., practice and competition schedules, coaching staff) are based on the competitive needs of the team;

4. If post-season competition opportunities are available, whether participation in post-season competition is dependent on or related to regular season results in a manner consistent with established varsity sports; and

5. Whether the selection of teams/participants is based on factors related primarily to athletic ability.

"It is OCR’s policy to encourage compliance with the Title IX athletics regulations in a flexible manner that expands, rather than limits, student athletic opportunities. By disseminating this list of factors, OCR intends to provide institutions with information to include new sports in their athletics programs, such as those athletic activities not yet recognized by governing athletics organizations and those featured at the Olympic games, if they so choose. Expanding interscholastic and intercollegiate competitive athletic opportunities through new sports can benefit students by creating and stimulating student interest in athletics, taking advantage of athletic opportunities specific to a particular competitive region, and providing the opportunity for access to a wide array of competitive athletic activities."

6. Michigan High School Athletic Association (MHSAA) may provide model of competition cheer to address Title IX concerns.

According to information provided by the author, the sport of competition cheer has been adopted in other states, and at least one state, Michigan, has received a letter from OCR which declares their sport of competition cheer to meet Title IX standards. On their website, the MHSAA states the following regarding competition cheer:

"In 1994, the MHSAA welcomed the sport of Competitive Cheer to the list of many sports that are offered end-of-season MHSAA tournament competition.

"The introduction of Competitive Cheer as a member school recognized sport has allowed school administrators their first opportunity to participate in the development and review process for safety rules and the competition format. This opportunity provides assurance that Competitive Cheer will meet safety guidelines appropriate for the participants as well as include the elements and characteristics necessary to be a positive sport offering within member school athletic programs.

"The sport format was created by Michigan cheer coaches and athletic administrators with the purpose of providing consistent rules from week to week and from team to team with the sport season. The format allows teams to perform all aspects of cheer techniques and styles and it is designed to encourage athleticism. Competitive Cheer meets the criteria of a sport provided by the Office of Civil Rights in the U.S. Department of Education. Such criteria includes contracting a coach who conducts practices to teach and train athletes for competition, having a schedule of meets, having a win-loss record, following rules of a sport, participating in contest that are officiated, receiving school varsity recognition and potentially league/conference recognition.

"Competitive Cheer does not replace nor is it intended to conflict with game cheerleading squads. Competitive Cheer teams condition, practice and prepare solely for competition while sideline/game cheerleading squads’ main objective is to leave cheers for school sports fans and to promote good sportsmanship for all involved. A sideline/game cheerleading squad provides a unique opportunity for its participants as well as the school teams and spectators it benefits."

7. Required training for Interscholastic Athletic Coaches would be mandated for Competition Cheer coaches under proposed amendments. Interscholastic athletic coaches (coaches of the programs recognized as sports by the CIF) are required to complete a mandatory training program under existing state law either offered by the school district or the California Interscholastic Federation. 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.

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 discrimination.

h) Sound planning and goal setting. (Education Code Section 35179.1)

Currently CIF offers training programs to high school coaches who receive a certificate upon course completion (typically an eight hour class). To date more than 60,000 coaches have taken the training, which costs approximately $60 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.

California Code of Regulations, Title 5, Section 5593, requires school districts to ensure that temporary athletic team coaches are knowledgeable and competent in the following areas: Care and prevention of athletic injuries; basic first aid and emergency procedure; coaching techniques; rules and regulations in the athletic activity being coached; and, child or adolescent psychology for the appropriate grade level. Temporary athletic team coaches can demonstrate their competency in these areas in a number of ways, including but not limited to, completing a college-level course on the topic, completing an in-service training by the district or county office of education, or demonstration of prior experience in the topic area. The regulations also allow a school district superintendent to waive compliance with any one or more of the competencies provided that the person is enrolled in a program leading to acquisition of a competency. Until the competencies are met, the prospective coach shall serve under the immediate supervision of a fully qualified temporary athletic team coach.

8. Opposition concerns are addressed with proposed amendments.

The prior version of this measure contained three elements, each of which engendered some form of opposition; the first was classifying cheerleading as an interscholastic sport without defining which discipline of cheer was included (e.g. mascots, song leaders, sideline cheer or stunt). The issue with this provision is discussed in Comment 2 above, as the courts and community of women's athletics do not consider all aspects of cheer to be sports. By defining "Cheer" to mean competition cheer which is compliant with the federal OCR definition of sport; the author has addressed this concern.

The second provision of the prior version which drew opposition was the requirement that the department grant school districts discretion to allow participants in cheerleading to satisfy their physical education course study by participation in cheer (broadly defined). The concerns about this provision are discussed in Comments 2 above, and -- below and center on allowing school related "activities" to be treated equally as "sports". The proposed amendment addresses this issue by expressly defining the scope of cheer under the bill to be "Competition" cheer, which would be recognized as an interscholastic competitive sport. As noted under Existing Law, school districts may allow student participants in recognized sports an exemption from physical education. The scope of the district's discretion under the existing law would be limited to students competing in competition cheer as now amended.

The final concern was raised by the former version of the bill requiring the CIF to develop guidelines, procedures and safety standards for cheerleading, which was too broadly defined under the prior version. As discussed in Comment 2 above, cheer is a broad descriptor for many activities which are not currently defined as sports. The concern with this provision is that the CIF is expert in the regulation and establishment of fair play standards for existing sports; however they are not adept at creating a new sport from whole cloth, which the prior version of this measure would have them do. For instance, there is no competitive model currently for team mascots, who most often perform skits. By amending the scope of the bill to the emerging sport of Competition Cheer, the CIF has an existing sport and set of regulations to model and adapt to California's unique needs.

9. Outstanding concerns, safety of unregulated cheer activities.

The author remains concerned about the health and safety standards for those disciplines of cheer which are not to be regulated as CIF recognized sports. Pointing to studies which demonstrate that even sideline cheer can be dangerous when performed under unsafe condition (such as tumbling and pyramid practice on asphalt concrete surfaces), the author wishes to continue exploring ways to make the entire spectrum of cheer as safe and well regulated as the proposed new sport of Competition Cheer will be.

10. Prior related legislation.

a) AB 351 (Salas), of 2009, would have authorized 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: California Cadet Corps; Cheer team or Dance Team; Color guard or Drill team; Junior Reserve Officer Training Corps; Marching band.

The Assembly Education Committee contained the following in their analysis of that measure, "Physical Education Content Standards & Framework. State regulation specifies that school districts shall judge the quality of a high school physical education program based upon whether or not the course of study provides for instruction in each of the following 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 combative for boys.

According to the Physical Education Framework for California Public Schools, Pre-Publication Version, September 15, 2008, 'Marching band, cheerleading, and ROTC also offer students opportunities to be physically active. These elective courses do not prepare students to meet grade- or course-level standards in physical education and do not follow the high school course of study established by California Code of Regulation, Title 5, Section 10060. Although these courses are appropriate for elective course credit, they are not appropriate for physical education course credit.'"

AB 351 failed passage in Assembly.

b) AB 1646 (Hayashi), of 2010, would have amended the existing California High School Coaching Education and Training (CHSCET) program to require coaches be trained in a basic understanding of the signs and symptoms of specified injuries, including those related to the head and neck. Held in Assembly Appropriations Committee.

c) AB 1647 (Hayashi), of 2010, would have established certification and training requirements for athletic trainers, and prohibited individuals from calling themselves athletic trainers unless they met specified requirements. Vetoed.

d) AB 1893 (Hayashi), of 2010, which have require beginning July 1, 2011, all high school spirit activities (HSSA) coaches to have a valid certification in CPR and first aid and, establishes several requirements for HSSA coaches and pupils including, but not limited to requiring pupils participating in HSSA to have an annual medical examination and receive proper training, and requiring HSSA coaches to develop an emergency plan. Held in Assembly Education Committee.

11. Double-referral: Should this bill pass out of this committee, it will be re-referred to the Assembly Committee on Education.

REGISTERED SUPPORT / OPPOSITION:

Support

(Prior version)

California Interscholastic Federation

California Medical Association

None on file for this version

Opposition

None on file for this version

Analysis Prepared by: Dana Mitchell / A.,E.,S.,T., & I.M. / (916) 319-3450