(1)Existing law requires the adopted course of study for grades 1 to 6, inclusive, to include physical education for a total period of time of not less of than 200 minutes each 10 schools days, as specified, and requires the adopted course of study for grades 7 to 12, inclusive, to require all pupils to attend upon the courses of physical education for a total period of time of not less than 400 minutes each 10 schooldays, except as otherwise specifically exempted.

This bill would instead authorize the governing board of any school district maintaining any of grades 6 to 12, inclusive, to adopt a policy providing for an alternate term schedule for physical education courses if (A) pupils in grade 6 receive no less than 400 minutes of instruction every 10 days for a semester of not fewer than 18 weeks during the regular school year, for a total of 3,600 instructional minutes for the school year, and pupils in grades 7 to 12, inclusive, receive no less than 800 minutes of instruction every 10 days for semester of not fewer than 18 weeks during the regular school year, for a total of 7,200 instructional minutes for the school year, (B) the physical education program is aligned with the physical education framework adopted by the State Board of Education in that it provides a sequential, articulated, age-appropriate program, (C) the physical education program complies with regulations regarding the course of study requirements for high school physical education programs, as applicable, and (D) pupils are prepared for, and participate in, required physical performance testing, as specified.

(2)Existing law requires a pupil to complete designated coursework while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school, including, among others, the completion of 2 courses in physical education.

This bill would deem an alternate term schedule for physical education, as described above, as satisfying a physical education course requirement.

(3)This bill would incorporate additional changes to Section 51210 of the Education Code proposed by AB 1821 to be operative only if this bill and AB 1821 are enacted and this bill is enacted last.

(1)Existing law requires the adopted course of study for grades 1 to 6, inclusive, to include physical education for a total period of time of not less of than 200 minutes each 10 schools days, as specified, and requires the adopted course of study for grades 7 to 12, inclusive, to require all pupils to attend upon the courses of physical education for a total period of time of not less than 400 minutes each 10 schooldays, except as otherwise specifically exempted.

This bill would instead authorize the governing board of any school district maintaining any of grades 6 to 12, inclusive, to adopt a policy providing for an alternate term schedule for physical education courses if (A) pupils in grade 6 receive no less than 400 minutes of instruction every 10 days for a semester of not fewer than 18 weeks during the regular school year, for a total of 3,600 instructional minutes for the school year, and pupils in grades 7 to 12, inclusive, receive no less than 800 minutes of instruction every 10 days for semester of not fewer than 18 weeks during the regular school year, for a total of 7,200 instructional minutes for the school year, (B) the physical education program is aligned with the physical education framework adopted by the State Board of Education in that it provides a sequential, articulated, age-appropriate program, (C) the physical education program complies with regulations regarding the course of study requirements for high school physical education programs, as applicable, and (D) pupils are prepared for, and participate in, required physical performance testing, as specified.

(2)Existing law requires a pupil to complete designated coursework while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school, including, among others, the completion of 2 courses in physical education.

This bill would deem an alternate term schedule for physical education, as described above, as satisfying a physical education course requirement.

(3)This bill would incorporate additional changes to Section 51210 of the Education Code proposed by AB 1821 to be operative only if this bill and AB 1821 are enacted and this bill is enacted last.

(1)Existing law requires the adopted course of study for grades 1 to 6, inclusive, to include physical education for a total period of time of not less of than 200 minutes each 10 schools days, as specified, and requires the adopted course of study for grades 7 to 12, inclusive, to require all pupils to attend upon the courses of physical education for a total period of time of not less than 400 minutes each 10 schooldays, except as otherwise specifically exempted.

This bill would instead authorize the governing board of any school district maintaining any of grades 6 to 12, inclusive, to adopt a policy providing for an alternate term schedule for physical education courses if (A) pupils in grade 6 receive no less than 400 minutes of instruction every 10 days for a semester of not fewer than 18 weeks during the regular school year, for a total of 3,600 instructional minutes for the school year, and pupils in grades 7 to 12, inclusive, receive no less than 800 minutes of instruction every 10 days for semester of not fewer than 18 weeks during the regular school year, for a total of 7,200 instructional minutes for the school year, (B) the physical education program is aligned with the physical education framework adopted by the State Board of Education in that it provides a sequential, articulated, age-appropriate program, (C) the physical education program complies with regulations regarding the course of study requirements for high school physical education programs, as applicable, and (D) pupils are prepared for, and participate in, required physical performance testing, as specified.

(2)Existing law requires a pupil to complete designated coursework while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school, including, among others, the completion of 2 courses in physical education.

This bill would deem an alternate term schedule for physical education, as described above, as satisfying a physical education course requirement.

(1)Existing law requires the adopted course of study for grades 1 to 6, inclusive, to include physical education for a total period of time of not less of than 200 minutes each 10 schools days, as specified, and requires the adopted course of study for grades 7 to 12, inclusive, to require all pupils to attend upon the courses of physical education for a total period of time of not less than 400 minutes each 10 schooldays, except as otherwise specifically exempted.

This bill would instead authorize the governing board of any school district maintaining any of grades 6 to 12, inclusive, to adopt a policy providing for an alternate term schedule for physical education courses if (A) pupils in grade 6 receive daily periods of physical education of 70 to 90 minutes, inclusive, for at least one no less than 400 minutes of instruction every 10 days for a semester of not fewer than 18 weeks during the regular school year, for a total of 3,600 instructional minutes for the school year, and pupils in grades 7 to 12, inclusive, receive no less than 800 minutes of instruction every 10 days for semester of not fewer than 17 18 weeks during the regular school year, for a total of 7,200 instructional minutes for the school year, (B) the physical education program is aligned with the physical education framework adopted by the State Board of Education in that it provides a sequential, articulated, age-appropriate program, (C) the physical education program complies with regulations regarding the course of study requirements for high school physical education programs, as applicable, and (D) pupils are prepared for, and participate in, required physical performance testing, as specified.

(2)Existing law requires a pupil to complete designated coursework while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school, including, among others, the completion of 2 courses in physical education.

This bill would deem an alternate term schedule for physical education, as described above, as satisfying a physical education course requirement.

(1)Existing law requires the adopted course of study for grades 1 to 6, inclusive, to include physical education for a total period of time of not less of than 200 minutes each 10 schools days, as specified, and requires the adopted course of study for grades 7 to 12, inclusive, to require all pupils to attend upon the courses of physical education for a total period of time of not less than 400 minutes each 10 schooldays, except as otherwise specifically exempted.

This bill would instead authorize the governing board of any school district maintaining any of grades 6 to 12, inclusive, to adopt a policy providing for an alternate term schedule for physical education courses if (A) pupils receive daily periods of physical education of 70 to 90 minutes, inclusive, for at least one semester of not fewer than 17 weeks during the regular school year, for a total of 7,200 instructional minutes for the school year, (B) the physical education program is aligned with the physical education framework adopted by the State Board of Education in that it provides a sequential, articulated, age-appropriate program, (C) the physical education program complies with regulations regarding the course of study requirements for high school physical education programs, as applicable, and (D) pupils are prepared for, and participate in, required physical performance testing, as specified.

(2)Existing law requires a pupil to complete designated coursework while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school, including, among others, the completion of 2 courses in physical education.

This bill would deem an alternate term schedule for physical education, as described above, as satisfying a physical education course requirement.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2073

Author:(Quirk-Silva)

As Amended Ver:August 23, 2024

Majority vote

SUMMARY

Authorizes the governing board of a school district that maintains any of grades six to 12 to adopt a policy, as specified, providing for an alternate term schedule for physical education (PE) courses, which would be deemed to satisfy the requirements of minimum number of minutes of instruction in PE.

Senate Amendments

Add language to avoid conflicts with AB 1825 of this Session.

COMMENTS

Block schedules and physical education minutes. Current law requires all students to complete designated coursework requirements in physical education. In grades seven to 12, students must attend no less than 400 minutes of physical education every 10 schooldays, while grades one through six require no less than 200 minutes every ten schooldays.

According to the author, approximately one in three high schools in California currently operates some form of alternative term schedule. In the 4x4 schedule, students attend four courses for 80-100 minutes every day over a nine-week (half-semester) term, then attend four additional courses for the second half of the semester. This schedule offers the opportunity to complete eight, rather than the more typical six, courses in a school year.

In order to avoid penalties from statutes that require PE every ten days, school districts that utilize a 4x4 schedule must apply for a waiver from the SBE every two years.

Waivers for block schedules have been approved for at least 40 years. According to the California Department of Education (CDE), the SBE adopted a waiver guidelines policy in July, 1984 (amended February, 1990 and June, 1999) to allow local educational agencies to seek flexibility in these requirements to accommodate block schedules when necessary.

SBE Policy Number 99-03 created criteria for the consideration and granting of two-year waiver requests of the physical education requirements. The intent of the policy is to ensure that students engage in consistent physical activity as required by statute, despite the fact that their school schedule does not allow for that activity in an instructional setting.

The SBE's High School Waiver Criteria include specified requirements, several of which are included as requirements in this bill. The CDE provides technical assistance for schools that apply for and receive a waiver. A school granted a waiver of EC Section 51222 in order to implement a block schedule is selected to be monitored each cycle as a part of the district's Categorical Program Monitoring (CPM) process. The CDE also reviews California Physical Fitness Test data for schools which request waivers, to determine improvement, or at minimum, maintenance, of students' levels of health-related fitness.

According to the Author

"As a teacher for over thirty years, I have witnessed firsthand the importance of physical education in shaping the lives of students. This legislation simplifies the process for schools to adopt alternative schedules for classes, ensuring that our young learners receive the physical activity they need without unnecessary obstacles. By promoting flexibility for school's academic schedules, we can boost student success, improve teacher morale, and strengthen our educational system."

Arguments in Support

The Los Angeles Unified School District writes, "Schools that operate alternative 'block' schedules, where students take fewer classes for longer periods of time each day for a quarter or a semester, are compelled to seek a state waiver from the requirement to offer PE regularly every ten days. Under these waivers, students attend the same number of annual minutes of PE as they would on a typical school schedule.

There are many benefits to block scheduling. The longer class periods allow for more in-depth learning in a single class period, and taking fewer classes at one time allows students to better focus on the coursework they are currently learning. Additionally, block scheduling allows students to pursue up to eight courses each year, instead of the six or seven courses that are common on a five-day school week schedule. This ability to take additional courses allows students greater flexibility to pursue electives and accelerate their learning.

Recognizing the benefits of block scheduling, districts across California have pursued and been granted State Board of Education waivers from the PE requirement on a regular basis since the 1980s. AB 2073 will allow schools to meet the annual required number of minutes of PE using a block schedule, while removing an unnecessary administrative burden."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

VOTES:

ASM EDUCATION: 7-0-0

YES: Muratsuchi, Addis, Alvarez, Bonta, Flora, Hoover, McCarty

ASM APPROPRIATIONS: 14-0-1

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua

ABS, ABST OR NV: Wendy Carrillo

ASSEMBLY FLOOR: 72-0-8

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Bains, Bauer-Kahan, Bennett, Berman, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

ABS, ABST OR NV: Arambula, Boerner, Bonta, Bryan, Cervantes, Megan Dahle, Essayli, Mathis

SENATE FLOOR: 40-0-0

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

UPDATED

VERSION: August 23, 2024

CONSULTANT: Tanya Lieberman / ED. / (916) 319-2087 FN: 0004872

 THIRD READING  

Bill No: AB 2073

Author: Quirk-Silva (D)

Amended: 8/23/24 in Senate

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 6/5/24

AYES: Newman, Jones, Cortese, Glazer, Gonzalez, Smallwood-Cuevas, Wilk

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 72-0, 4/18/24 (Consent) - See last page for vote

SUBJECT: Physical education courses: alternate term schedules

SOURCE: Los Angeles Unified School District

DIGEST:

This bill authorizes the governing board of a school district that maintains any of grades 6 to 12 to adopt a policy, as specified, providing for an alternate term schedule for physical education (PE) courses, which shall be deemed to satisfy the requirements of a course in PE.

Senate Floor Amendment of 8/23/24 adds, for the purposes of chaptering, the provisions of AB 1821 (Ramos, 2024).

ANALYSIS:

Existing law:

1. Requires the California Department of Education (CDE) to exercise general supervision over the courses of PE in the elementary and secondary schools of the state; advise school officials, school boards, and teachers in the development and improvement of their PE and activity programs; and investigate the work in PE in the public schools. (Education Code (EC) § 33352)
2. Requires all elementary students to receive a minimum of 200 minutes of PE instruction every ten school days. (EC § 51223)
3. Requires all pupils, except pupils excused or exempted, to be required to attend courses of PE for a total period of time of not less than 400 minutes each 10 schooldays. Requires that any pupil may be excused from PE classes during one of grades 10, 11, or 12 for not to exceed 24 clock hours in order to participate in automobile driver training. States that a pupil who is excused from PE classes to enroll in driver training to attend a minimum of 7,000 minutes of PE instruction during such school year. (EC § 51222)
4. Requires the adopted course of study for grades 1 to 6, inclusive, to include instruction, beginning in grade 1 and continuing through grade 6, in PE, with emphasis upon the physical activities for the pupils that may be conducive to health and vigor of body and mind, for a total period of time of not less than 200 minutes each 10 schooldays, excluding recesses and the lunch period. (EC § 51210)

This bill:

1. Authorizes the governing board of a school district that maintains any of grades 6 to 12 to adopt a policy providing for an alternate term schedule for PE courses, which shall be deemed to satisfy the requirements of a course in physical education, if all of the following are met:
2. For a pupil in grade 6, the pupil receives no less than 400 minutes of instruction every 10 days for a semester of not fewer than 18 weeks during the regular school year, for a total of 3,600 instructional minutes for the school year. However, if the pupils are in grades 7 to 12, the pupil receives no less than 800 minutes of instruction every 10 days for a semester of not fewer than 18 weeks during the regular school year, for a total of 7,200 instructional minutes for the school year.
3. The PE program is aligned with the PE Framework adopted by the state board in that it provides a sequential, articulated, age-appropriate program.
4. The PE program complies with the course of study requirements of high school PE programs, as applicable.
5. Pupils are prepared for, and participate in, the physical performance testing.
6. Includes, for the purposes of chaptering, the provisions of AB 1821 (Ramos, 2024).

Comments

1. Need for the bill. According to the author, “As a teacher for over thirty years, I have witnessed firsthand the importance of physical education in shaping the lives of students. This legislation simplifies the process for schools to adopt alternative schedules for classes, ensuring that our young learners receive the physical activity they need without unnecessary obstacles. By promoting flexibility for school’s academic schedules, we can boost student success, improve teacher morale, and strengthen our educational system.”

1. Physical Education. PE contributes significantly to every student’s health and well-being, and it is an instructional priority for California schools. Every student, regardless of disability, ethnicity, gender, native language, race, religion, or sexual orientation, is entitled to a high-quality PE program. PE is an integral part of the overall education program for every student and provides one of the few opportunities students have to develop the skills, knowledge, and confidence necessary to lead a physically active lifestyle. A high-quality PE program promotes an active lifestyle, improved health, motor skill development, and better cognitive performance. PE requirements and courses are different across different grade ranges.
2. Elementary School. Local governing boards of education select the curriculum for grades 1 through 6. PE from grades 1 through 6 should focus on physical activities promoting students' health and well-being. This instruction should be at least 200 minutes every ten school days, excluding recess and lunch periods. For students in grades 1 through 6, PE instruction should prioritize physical activities that contribute to the health and vitality of both body and mind, totaling at least 200 minutes every ten school days, excluding recesses and the lunch period. PE instruction in an elementary school covering grades 1 to 8 should be for a total period of not less than 200 minutes every ten school days, excluding recess and the lunch period.
3. Middle School and High School. Students in these grades must participate in physical activities conducive to the health and vigor of body and mind for a total period of not less than 400 minutes each ten school days. 
4. High School. Districts must offer a comprehensive PE course for students in grades 9 through 12. This course should cover a developmentally appropriate instruction sequence in eight specific content areas throughout the PE classes offered as part of the school’s curriculum. Although the law does not mandate that each class must cover all eight areas, it does require that the overall course of study for grades 9 through 12 encompasses instruction in all eight regions
   • Effects of physical activity on dynamic health;
   • Mechanics of body movement;
   • Aquatics;
   • Gymnastics and tumbling;
   • Individual and dual sports;
   • Rhythms and dance;
   • Team sports;
   • Combatives.

Furthermore, the PE Model Content Standards for California Public Schools, High School Courses One and Two, provide a course model covering the topics mentioned above.

1. How Do Block Schedules Alter PE Minutes Compliance? Secondary schools traditionally have six to eight 40 to 55-minute classes per day. However, in a block schedule, classes are longer, ranging from 75 to 95 minutes, and students attend fewer daily classes. In a block schedule, students can take up to eight courses per year.

Some block schedules have a 4x4 block, where students take four courses daily for the first half of the school year and then switch to four classes for the second half. This type of schedule operates on a semester schedule, meaning students and teachers follow new schedules halfway through the year. By focusing on four classes at a time, students and teachers can provide deeper and more comprehensive instruction.

In an A/B or alternating block schedule, classes meet every other day for the academic year. This schedule still allows for some benefits of more extended class periods, such as building relationships and more interactive lessons. Still, students and teachers focus on eight classes throughout the year.

Some schools combine traditional and block schedules into a hybrid weekly schedule. Hybrid schedules provide similar benefits and challenges to alternating block schedules.

In addition, schools have many other schedule modifications, such as flex block, rotating block, and trimester schedules. Some schools add a flex block to the schedule to make time for advisory, intervention, or other student/school/district needs. A flex block typically lasts 30 minutes and can occur at the beginning, middle, or end of the day.

1. Waivers For PE Courses On Block Schedules Have Been Approved For At Least 40 Years. According to the CDE, the State Board of Education (SBE) adopted a waiver guidelines policy in July 1984. The policy was amended in February 1990 and June 1999 to allow local educational agencies to seek flexibility in meeting requirements to accommodate block schedules when necessary.

Policy 99-03 of the SBE established criteria for evaluating and approving requests to waive the two-year PE requirements. The policy aims to guarantee that students participate in regular physical activity as mandated by law, even if their school schedule doesn't permit it during regular instructional time.

The SBE's High School Waiver Criteria consist of specific requirements, some of which are also outlined in this bill.

1. The district provides evidence that the PE instructional program at each school(s) requesting the waiver, complies with federal and state statutes and regulations related to PE pertaining to the minutes requirement; provides instruction based on PE content standards; and is aligned with the PE Framework (sequential, articulated, age-appropriate instruction).
2. The district provides evidence that it has developed a PE professional development plan for teachers who deliver PE instruction at that school.
3. The district provides evidence that students are enrolled in PE courses for a minimum of 18 weeks in 80-90-minute daily class periods during the regular school year.
4. The district will monitor students' physical activity programs during weeks when they are not taking a PE course at school. The monitoring program will include holding students accountable for their participation in physical activity, guiding students in using exercise principles to design and complete their physical activity programs, and providing specific information about the monitoring program's design and delivery.
5. The district provides information demonstrating that the PE program in a senior or four-year high school complies with the California Code of Regulations, Title 5, Article 3.1, Section 10060.
6. The district provides information demonstrating that all eligible students are prepared for and participate in the physical performance testing specified in EC Section 60800.
7. The district has thoroughly examined the option of implementing alternate-day scheduling for PE instead of alternate-term scheduling.

The CDE provides technical assistance to schools that apply for and receive a waiver. If a school is granted a waiver of EC Section 51222 to implement a block schedule, it will be selected for monitoring as part of the district's categorical program monitoring process. Additionally, the CDE reviews California Physical Fitness Test data for schools that request a waiver, initially and upon renewal, to assess improvement or at least maintenance of students' health-related fitness levels.

Related/Prior Legislation

SB 78 (Torlakson, Chapter 459, Statutes of 2003) added fitness programs and clubs to the PE activities which K-12 districts are encouraged to offer and provides that PE test results may be provided to pupils orally.

SB 601 (Torlakson, Chapter 720, Statutes of 2007) enhanced the monitoring of local compliance with PE requirements while clarifying existing law relating to high school PE exemptions.

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

SUPPORT: (Verified 8/26/24)

Los Angeles Unified School District (source)
Fortuna Union High School District
Jefferson Union High School District
Oxnard Union High School District
PERK Advocacy

OPPOSITION: (Verified 8/26/24)

None received

ARGUMENTS IN SUPPORT: According to the Los Angeles Unified School District, “Under current law, schools are required to offer 400 minutes of PE every ten days to students in grades 7-12. Schools that operate alternative “block” schedules, where students take fewer classes for longer periods of time each day for a quarter or a semester, are compelled to seek a state waiver from the requirement to offer PE regularly every ten days. Under these waivers, students attend the same number of annual minutes of PE as they would on a typical school schedule. There are many benefits to block scheduling. The longer class periods allow for more in-depth learning in a single class period, and taking fewer classes at one time allows students to better focus on the coursework they are currently learning. Additionally, block scheduling allows students to pursue up to eight courses each year, instead of the six or seven courses that are common on a five-day school week schedule. This ability to take additional courses allows students greater flexibility to pursue electives and accelerate their learning. Recognizing the benefits of block scheduling, districts across California have pursued and been granted State Board of Education waivers from the PE requirement on a regular basis since the 1980s. AB 2073 will allow schools to meet the annual required number of minutes of PE using a block schedule, while removing an unnecessary administrative burden. For these reasons, Los Angeles Unified is pleased to sponsor AB 2073, and urges your “Aye” vote.”

ASSEMBLY FLOOR: 72-0, 4/18/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Bains, Bauer-Kahan, Bennett, Berman, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Arambula, Boerner, Bonta, Bryan, Cervantes, Megan Dahle, Essayli, Mathis

Prepared by: Kordell Hampton / ED. / (916) 651-4105

8/26/24 17:00:58

**** END ****

 THIRD READING 

Bill No: AB 2073

Author: Quirk-Silva (D)

Amended: 4/1/24 in Assembly

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 6/5/24

AYES: Newman, Jones, Cortese, Glazer, Gonzalez, Smallwood-Cuevas, Wilk

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 72-0, 4/18/24 (Consent) - See last page for vote

SUBJECT: Physical education courses: alternate term schedules

SOURCE: Los Angeles Unified School District

DIGEST:

This bill authorizes the governing board of a school district that maintains any of grades 6 to 12 to adopt a policy, as specified, providing for an alternate term schedule for physical education (PE) courses, which shall be deemed to satisfy the requirements of a course in PE.

ANALYSIS:

Existing law:

1. Requires the California Department of Education (CDE) to exercise general supervision over the courses of PE in the elementary and secondary schools of the state; advise school officials, school boards, and teachers in the development and improvement of their PE and activity programs; and investigate the work in PE in the public schools. (Education Code (EC) § 33352)
2. Requires all elementary students to receive a minimum of 200 minutes of PE instruction every ten school days. (EC § 51223)
3. Requires all pupils, except pupils excused or exempted, to be required to attend courses of PE for a total period of time of not less than 400 minutes each 10 schooldays. Requires that any pupil may be excused from PE classes during one of grades 10, 11, or 12 for not to exceed 24 clock hours in order to participate in automobile driver training. States that a pupil who is excused from PE classes to enroll in driver training to attend a minimum of 7,000 minutes of PE instruction during such school year. (EC § 51222)
4. Requires the adopted course of study for grades 1 to 6, inclusive, to include instruction, beginning in grade 1 and continuing through grade 6, in PE, with emphasis upon the physical activities for the pupils that may be conducive to health and vigor of body and mind, for a total period of time of not less than 200 minutes each 10 schooldays, excluding recesses and the lunch period. (EC § 51210)

This bill authorizes the governing board of a school district that maintains any of grades 6 to 12 to adopt a policy providing for an alternate term schedule for PE courses, which shall be deemed to satisfy the requirements of a course in physical education, if all of the following are met:

1. For a pupil in grade 6, the pupil receives no less than 400 minutes of instruction every 10 days for a semester of not fewer than 18 weeks during the regular school year, for a total of 3,600 instructional minutes for the school year. However, if the pupils are in grades 7 to 12, the pupil receives no less than 800 minutes of instruction every 10 days for a semester of not fewer than 18 weeks during the regular school year, for a total of 7,200 instructional minutes for the school year.
2. The PE program is aligned with the PE Framework adopted by the state board in that it provides a sequential, articulated, age-appropriate program.
3. The PE program complies with the course of study requirements of high school PE programs, as applicable.
4. Pupils are prepared for, and participate in, the physical performance testing.

Comments

1. Need for the bill. According to the author, “As a teacher for over thirty years, I have witnessed firsthand the importance of physical education in shaping the lives of students. This legislation simplifies the process for schools to adopt alternative schedules for classes, ensuring that our young learners receive the physical activity they need without unnecessary obstacles. By promoting flexibility for school’s academic schedules, we can boost student success, improve teacher morale, and strengthen our educational system.”

1. Physical Education. PE contributes significantly to every student’s health and well-being, and it is an instructional priority for California schools. Every student, regardless of disability, ethnicity, gender, native language, race, religion, or sexual orientation, is entitled to a high-quality PE program. PE is an integral part of the overall education program for every student and provides one of the few opportunities students have to develop the skills, knowledge, and confidence necessary to lead a physically active lifestyle. A high-quality PE program promotes an active lifestyle, improved health, motor skill development, and better cognitive performance. PE requirements and courses are different across different grade ranges.
2. Elementary School. Local governing boards of education select the curriculum for grades 1 through 6. PE from grades 1 through 6 should focus on physical activities promoting students' health and well-being. This instruction should be at least 200 minutes every ten school days, excluding recess and lunch periods. For students in grades 1 through 6, PE instruction should prioritize physical activities that contribute to the health and vitality of both body and mind, totaling at least 200 minutes every ten school days, excluding recesses and the lunch period. PE instruction in an elementary school covering grades 1 to 8 should be for a total period of not less than 200 minutes every ten school days, excluding recess and the lunch period.
3. Middle School and High School. Students in these grades must participate in physical activities conducive to the health and vigor of body and mind for a total period of not less than 400 minutes each ten school days. 
4. High School. Districts must offer a comprehensive PE course for students in grades 9 through 12. This course should cover a developmentally appropriate instruction sequence in eight specific content areas throughout the PE classes offered as part of the school’s curriculum. Although the law does not mandate that each class must cover all eight areas, it does require that the overall course of study for grades 9 through 12 encompasses instruction in all eight regions
   • Effects of physical activity on dynamic health;
   • Mechanics of body movement;
   • Aquatics;
   • Gymnastics and tumbling;
   • Individual and dual sports;
   • Rhythms and dance;
   • Team sports;
   • Combatives.

Furthermore, the PE Model Content Standards for California Public Schools, High School Courses One and Two, provide a course model covering the topics mentioned above.

1. How Do Block Schedules Alter PE Minutes Compliance? Secondary schools traditionally have six to eight 40 to 55-minute classes per day. However, in a block schedule, classes are longer, ranging from 75 to 95 minutes, and students attend fewer daily classes. In a block schedule, students can take up to eight courses per year.

Some block schedules have a 4x4 block, where students take four courses daily for the first half of the school year and then switch to four classes for the second half. This type of schedule operates on a semester schedule, meaning students and teachers follow new schedules halfway through the year. By focusing on four classes at a time, students and teachers can provide deeper and more comprehensive instruction.

In an A/B or alternating block schedule, classes meet every other day for the academic year. This schedule still allows for some benefits of more extended class periods, such as building relationships and more interactive lessons. Still, students and teachers focus on eight classes throughout the year.

Some schools combine traditional and block schedules into a hybrid weekly schedule. Hybrid schedules provide similar benefits and challenges to alternating block schedules.

In addition, schools have many other schedule modifications, such as flex block, rotating block, and trimester schedules. Some schools add a flex block to the schedule to make time for advisory, intervention, or other student/school/district needs. A flex block typically lasts 30 minutes and can occur at the beginning, middle, or end of the day.

1. Waivers For PE Courses On Block Schedules Have Been Approved For At Least 40 Years. According to the CDE, the State Board of Education (SBE) adopted a waiver guidelines policy in July 1984. The policy was amended in February 1990 and June 1999 to allow local educational agencies to seek flexibility in meeting requirements to accommodate block schedules when necessary.

Policy 99-03 of the SBE established criteria for evaluating and approving requests to waive the two-year PE requirements. The policy aims to guarantee that students participate in regular physical activity as mandated by law, even if their school schedule doesn't permit it during regular instructional time.

The SBE's High School Waiver Criteria consist of specific requirements, some of which are also outlined in this bill.

1. The district provides evidence that the PE instructional program at each school(s) requesting the waiver, complies with federal and state statutes and regulations related to PE pertaining to the minutes requirement; provides instruction based on PE content standards; and is aligned with the PE Framework (sequential, articulated, age-appropriate instruction).
2. The district provides evidence that it has developed a PE professional development plan for teachers who deliver PE instruction at that school.
3. The district provides evidence that students are enrolled in PE courses for a minimum of 18 weeks in 80-90-minute daily class periods during the regular school year.
4. The district will monitor students' physical activity programs during weeks when they are not taking a PE course at school. The monitoring program will include holding students accountable for their participation in physical activity, guiding students in using exercise principles to design and complete their physical activity programs, and providing specific information about the monitoring program's design and delivery.
5. The district provides information demonstrating that the PE program in a senior or four-year high school complies with the California Code of Regulations, Title 5, Article 3.1, Section 10060.
6. The district provides information demonstrating that all eligible students are prepared for and participate in the physical performance testing specified in EC Section 60800.
7. The district has thoroughly examined the option of implementing alternate-day scheduling for PE instead of alternate-term scheduling.

The CDE provides technical assistance to schools that apply for and receive a waiver. If a school is granted a waiver of EC Section 51222 to implement a block schedule, it will be selected for monitoring as part of the district's categorical program monitoring process. Additionally, the CDE reviews California Physical Fitness Test data for schools that request a waiver, initially and upon renewal, to assess improvement or at least maintenance of students' health-related fitness levels.

Related/Prior Legislation

SB 78 (Torlakson, Chapter 459, Statutes of 2003) added fitness programs and clubs to the PE activities which K-12 districts are encouraged to offer and provides that PE test results may be provided to pupils orally.

SB 601 (Torlakson, Chapter 720, Statutes of 2007) enhances the monitoring of local compliance with PE requirements while clarifying existing law relating to high school PE exemptions.

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

SUPPORT: (Verified 6/17/24)

Los Angeles Unified School District (source)
Fortuna Union High School District
Jefferson Union High School District
Oxnard Union High School District
PERK Advocacy

OPPOSITION: (Verified 6/17/24)

None received

ARGUMENTS IN SUPPORT: According to the Los Angeles Unified School District, “Under current law, schools are required to offer 400 minutes of PE every ten days to students in grades 7-12. Schools that operate alternative “block” schedules, where students take fewer classes for longer periods of time each day for a quarter or a semester, are compelled to seek a state waiver from the requirement to offer PE regularly every ten days. Under these waivers, students attend the same number of annual minutes of PE as they would on a typical school schedule. There are many benefits to block scheduling. The longer class periods allow for more in-depth learning in a single class period, and taking fewer classes at one time allows students to better focus on the coursework they are currently learning. Additionally, block scheduling allows students to pursue up to eight courses each year, instead of the six or seven courses that are common on a five-day school week schedule. This ability to take additional courses allows students greater flexibility to pursue electives and accelerate their learning. Recognizing the benefits of block scheduling, districts across California have pursued and been granted State Board of Education waivers from the PE requirement on a regular basis since the 1980s. AB 2073 will allow schools to meet the annual required number of minutes of PE using a block schedule, while removing an unnecessary administrative burden. For these reasons, Los Angeles Unified is pleased to sponsor AB 2073, and urges your “Aye” vote.”

ASSEMBLY FLOOR: 72-0, 4/18/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Bains, Bauer-Kahan, Bennett, Berman, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Arambula, Boerner, Bonta, Bryan, Cervantes, Megan Dahle, Essayli, Mathis

Prepared by: Kordell Hampton / ED. / (916) 651-4105

6/20/24 16:49:38

**** END ****

 CONSENT  

Bill No: AB 2073

Author: Quirk-Silva (D)

Amended: 4/1/24 in Assembly

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 6/5/24

AYES: Newman, Jones, Cortese, Glazer, Gonzalez, Smallwood-Cuevas, Wilk

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 72-0, 4/18/24 (Consent) - See last page for vote

SUBJECT: Physical education courses: alternate term schedules

SOURCE: Los Angeles Unified School District

DIGEST:

This bill authorizes the governing board of a school district that maintains any of grades 6 to 12 to adopt a policy, as specified, providing for an alternate term schedule for physical education (PE) courses, which shall be deemed to satisfy the requirements of a course in PE.

ANALYSIS:

Existing law:

1. Requires the California Department of Education (CDE) to exercise general supervision over the courses of PE in the elementary and secondary schools of the state; advise school officials, school boards, and teachers in the development and improvement of their PE and activity programs; and investigate the work in PE in the public schools. (Education Code (EC) § 33352)
2. Requires all elementary students to receive a minimum of 200 minutes of PE instruction every ten school days. (EC § 51223)
3. Requires all pupils, except pupils excused or exempted, to be required to attend courses of PE for a total period of time of not less than 400 minutes each 10 schooldays. Requires that any pupil may be excused from PE classes during one of grades 10, 11, or 12 for not to exceed 24 clock hours in order to participate in automobile driver training. States that a pupil who is excused from PE classes to enroll in driver training to attend a minimum of 7,000 minutes of PE instruction during such school year. (EC § 51222)
4. Requires the adopted course of study for grades 1 to 6, inclusive, to include instruction, beginning in grade 1 and continuing through grade 6, in PE, with emphasis upon the physical activities for the pupils that may be conducive to health and vigor of body and mind, for a total period of time of not less than 200 minutes each 10 schooldays, excluding recesses and the lunch period. (EC § 51210)

This bill authorizes the governing board of a school district that maintains any of grades 6 to 12 to adopt a policy providing for an alternate term schedule for PE courses, which shall be deemed to satisfy the requirements of a course in physical education, if all of the following are met:

1. For a pupil in grade 6, the pupil receives no less than 400 minutes of instruction every 10 days for a semester of not fewer than 18 weeks during the regular school year, for a total of 3,600 instructional minutes for the school year. However, if the pupils are in grades 7 to 12, the pupil receives no less than 800 minutes of instruction every 10 days for a semester of not fewer than 18 weeks during the regular school year, for a total of 7,200 instructional minutes for the school year.
2. The PE program is aligned with the PE Framework adopted by the state board in that it provides a sequential, articulated, age-appropriate program.
3. The PE program complies with the course of study requirements of high school PE programs, as applicable.
4. Pupils are prepared for, and participate in, the physical performance testing.

Comments

1. Need for the bill. According to the author, “As a teacher for over thirty years, I have witnessed firsthand the importance of physical education in shaping the lives of students. This legislation simplifies the process for schools to adopt alternative schedules for classes, ensuring that our young learners receive the physical activity they need without unnecessary obstacles. By promoting flexibility for school’s academic schedules, we can boost student success, improve teacher morale, and strengthen our educational system.”

1. Physical Education. PE contributes significantly to every student’s health and well-being, and it is an instructional priority for California schools. Every student, regardless of disability, ethnicity, gender, native language, race, religion, or sexual orientation, is entitled to a high-quality PE program. PE is an integral part of the overall education program for every student and provides one of the few opportunities students have to develop the skills, knowledge, and confidence necessary to lead a physically active lifestyle. A high-quality PE program promotes an active lifestyle, improved health, motor skill development, and better cognitive performance. PE requirements and courses are different across different grade ranges.
2. Elementary School. Local governing boards of education select the curriculum for grades 1 through 6. PE from grades 1 through 6 should focus on physical activities promoting students' health and well-being. This instruction should be at least 200 minutes every ten school days, excluding recess and lunch periods. For students in grades 1 through 6, PE instruction should prioritize physical activities that contribute to the health and vitality of both body and mind, totaling at least 200 minutes every ten school days, excluding recesses and the lunch period. PE instruction in an elementary school covering grades 1 to 8 should be for a total period of not less than 200 minutes every ten school days, excluding recess and the lunch period.
3. Middle School and High School. Students in these grades must participate in physical activities conducive to the health and vigor of body and mind for a total period of not less than 400 minutes each ten school days. 
4. High School. Districts must offer a comprehensive PE course for students in grades 9 through 12. This course should cover a developmentally appropriate instruction sequence in eight specific content areas throughout the PE classes offered as part of the school’s curriculum. Although the law does not mandate that each class must cover all eight areas, it does require that the overall course of study for grades 9 through 12 encompasses instruction in all eight regions
   • Effects of physical activity on dynamic health;
   • Mechanics of body movement;
   • Aquatics;
   • Gymnastics and tumbling;
   • Individual and dual sports;
   • Rhythms and dance;
   • Team sports;
   • Combatives.

Furthermore, the PE Model Content Standards for California Public Schools, High School Courses One and Two, provide a course model covering the topics mentioned above.

1. How Do Block Schedules Alter PE Minutes Compliance? Secondary schools traditionally have six to eight 40 to 55-minute classes per day. However, in a block schedule, classes are longer, ranging from 75 to 95 minutes, and students attend fewer daily classes. In a block schedule, students can take up to eight courses per year.

Some block schedules have a 4x4 block, where students take four courses daily for the first half of the school year and then switch to four classes for the second half. This type of schedule operates on a semester schedule, meaning students and teachers follow new schedules halfway through the year. By focusing on four classes at a time, students and teachers can provide deeper and more comprehensive instruction.

In an A/B or alternating block schedule, classes meet every other day for the academic year. This schedule still allows for some benefits of more extended class periods, such as building relationships and more interactive lessons. Still, students and teachers focus on eight classes throughout the year.

Some schools combine traditional and block schedules into a hybrid weekly schedule. Hybrid schedules provide similar benefits and challenges to alternating block schedules.

In addition, schools have many other schedule modifications, such as flex block, rotating block, and trimester schedules. Some schools add a flex block to the schedule to make time for advisory, intervention, or other student/school/district needs. A flex block typically lasts 30 minutes and can occur at the beginning, middle, or end of the day.

1. Waivers For PE Courses On Block Schedules Have Been Approved For At Least 40 Years. According to the CDE, the State Board of Education (SBE) adopted a waiver guidelines policy in July 1984. The policy was amended in February 1990 and June 1999 to allow local educational agencies to seek flexibility in meeting requirements to accommodate block schedules when necessary.

Policy 99-03 of the SBE established criteria for evaluating and approving requests to waive the two-year PE requirements. The policy aims to guarantee that students participate in regular physical activity as mandated by law, even if their school schedule doesn't permit it during regular instructional time.

The SBE's High School Waiver Criteria consist of specific requirements, some of which are also outlined in this bill.

1. The district provides evidence that the PE instructional program at each school(s) requesting the waiver, complies with federal and state statutes and regulations related to PE pertaining to the minutes requirement; provides instruction based on PE content standards; and is aligned with the PE Framework (sequential, articulated, age-appropriate instruction).
2. The district provides evidence that it has developed a PE professional development plan for teachers who deliver PE instruction at that school.
3. The district provides evidence that students are enrolled in PE courses for a minimum of 18 weeks in 80-90-minute daily class periods during the regular school year.
4. The district will monitor students' physical activity programs during weeks when they are not taking a PE course at school. The monitoring program will include holding students accountable for their participation in physical activity, guiding students in using exercise principles to design and complete their physical activity programs, and providing specific information about the monitoring program's design and delivery.
5. The district provides information demonstrating that the PE program in a senior or four-year high school complies with the California Code of Regulations, Title 5, Article 3.1, Section 10060.
6. The district provides information demonstrating that all eligible students are prepared for and participate in the physical performance testing specified in EC Section 60800.
7. The district has thoroughly examined the option of implementing alternate-day scheduling for PE instead of alternate-term scheduling.

The CDE provides technical assistance to schools that apply for and receive a waiver. If a school is granted a waiver of EC Section 51222 to implement a block schedule, it will be selected for monitoring as part of the district's categorical program monitoring process. Additionally, the CDE reviews California Physical Fitness Test data for schools that request a waiver, initially and upon renewal, to assess improvement or at least maintenance of students' health-related fitness levels.

Related/Prior Legislation

SB 78 (Torlakson, Chapter 459, Statutes of 2003) added fitness programs and clubs to the PE activities which K-12 districts are encouraged to offer and provides that PE test results may be provided to pupils orally.

SB 601 (Torlakson, Chapter 720, Statutes of 2007) enhances the monitoring of local compliance with PE requirements while clarifying existing law relating to high school PE exemptions.

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

SUPPORT: (Verified 6/17/24)

Los Angeles Unified School District (source)
Fortuna Union High School District
Jefferson Union High School District
Oxnard Union High School District
PERK Advocacy

OPPOSITION: (Verified 6/17/24)

None received

ARGUMENTS IN SUPPORT: According to the Los Angeles Unified School District, “Under current law, schools are required to offer 400 minutes of PE every ten days to students in grades 7-12. Schools that operate alternative “block” schedules, where students take fewer classes for longer periods of time each day for a quarter or a semester, are compelled to seek a state waiver from the requirement to offer PE regularly every ten days. Under these waivers, students attend the same number of annual minutes of PE as they would on a typical school schedule. There are many benefits to block scheduling. The longer class periods allow for more in-depth learning in a single class period, and taking fewer classes at one time allows students to better focus on the coursework they are currently learning. Additionally, block scheduling allows students to pursue up to eight courses each year, instead of the six or seven courses that are common on a five-day school week schedule. This ability to take additional courses allows students greater flexibility to pursue electives and accelerate their learning. Recognizing the benefits of block scheduling, districts across California have pursued and been granted State Board of Education waivers from the PE requirement on a regular basis since the 1980s. AB 2073 will allow schools to meet the annual required number of minutes of PE using a block schedule, while removing an unnecessary administrative burden. For these reasons, Los Angeles Unified is pleased to sponsor AB 2073, and urges your “Aye” vote.”

ASSEMBLY FLOOR: 72-0, 4/18/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Bains, Bauer-Kahan, Bennett, Berman, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Arambula, Boerner, Bonta, Bryan, Cervantes, Megan Dahle, Essayli, Mathis

Prepared by: Kordell Hampton / ED. / (916) 651-4105

6/19/24 11:53:19

**** END ****

SENATE COMMITTEE ON EDUCATION

Senator Josh Newman, Chair

2023 - 2024 Regular

Bill No: AB 2073 Hearing Date: June 5, 2024

Subject: Physical education courses: alternate term schedules.

SUMMARY

This bill authorizes the governing board of a school district that maintains any of grades 6 to 12 to adopt a policy, as specified, providing for an alternate term schedule for physical education (PE) courses, which shall be deemed to satisfy the requirements of a course in PE.

BACKGROUND

Existing Law:

Education Code (EC)

1. Requires the California Department of Education (CDE) to exercise general supervision over the courses of PE in the elementary and secondary schools of the state; advise school officials, school boards, and teachers in the development and improvement of their PE and activity programs; and investigate the work in PE in the public schools. (EC § 33352)
2. Requires all elementary students to receive a minimum of 200 minutes of PE instruction every ten school days. (EC § 51223)
3. Requires all pupils, except pupils excused or exempted, to be required to attend courses of PE for a total period of time of not less than 400 minutes each 10 schooldays. Requires that any pupil may be excused from PE classes during one of grades 10, 11, or 12 for not to exceed 24 clock hours in order to participate in automobile driver training. States that a pupil who is excused from PE classes to enroll in driver training to attend a minimum of 7,000 minutes of PE instruction during such school year. (EC § 51222)
4. Requires the adopted course of study for grades 1 to 6, inclusive, to include instruction, beginning in grade 1 and continuing through grade 6, in PE, with emphasis upon the physical activities for the pupils that may be conducive to health and vigor of body and mind, for a total period of time of not less than 200 minutes each 10 schooldays, excluding recesses and the lunch period. (EC § 51210)

ANALYSIS

This bill:

1. This bill authorizes the governing board of a school district that maintains any of grades 6 to 12 to adopt a policy providing for an alternate term schedule for PE courses, which shall be deemed to satisfy the requirements of a course in physical education, if all of the following are met:
   1. For a pupil in grade 6, the pupil receives no less than 400 minutes of instruction every 10 days for a semester of not fewer than 18 weeks during the regular school year, for a total of 3,600 instructional minutes for the school year. However, if the pupils are in grades 7 to 12, the pupil receives no less than 800 minutes of instruction every 10 days for a semester of not fewer than 18 weeks during the regular school year, for a total of 7,200 instructional minutes for the school year.
   2. The PE program is aligned with the PE Framework adopted by the state board in that it provides a sequential, articulated, age-appropriate program.
   3. The PE program complies with the course of study requirements of high school PE programs, as applicable.
   4. Pupils are prepared for, and participate in, the physical performance testing.

STAFF COMMENTS

1. Need for the bill. According to the author, “As a teacher for over thirty years, I have witnessed firsthand the importance of physical education in shaping the lives of students. This legislation simplifies the process for schools to adopt alternative schedules for classes, ensuring that our young learners receive the physical activity they need without unnecessary obstacles. By promoting flexibility for school’s academic schedules, we can boost student success, improve teacher morale, and strengthen our educational system.”

1. Physical Education. PE contributes significantly to every student’s health and well-being, and it is an instructional priority for California schools. Every student, regardless of disability, ethnicity, gender, native language, race, religion, or sexual orientation, is entitled to a high-quality PE program. PE is an integral part of the overall education program for every student and provides one of the few opportunities students have to develop the skills, knowledge, and confidence necessary to lead a physically active lifestyle. A high-quality PE program promotes an active lifestyle, improved health, motor skill development, and better cognitive performance. PE requirements and courses are different across different grade ranges.
2. Elementary School

Local governing boards of education select the curriculum for grades 1 through 6. PE from grades 1 through 6 should focus on physical activities promoting students' health and well-being. This instruction should be at least 200 minutes every ten school days, excluding recess and lunch periods. For students in grades 1 through 6, PE instruction should prioritize physical activities that contribute to the health and vitality of both body and mind, totaling at least 200 minutes every ten school days, excluding recesses and the lunch period. PE instruction in an elementary school covering grades 1 to 8 should be for a total period of not less than 200 minutes every ten school days, excluding recess and the lunch period.

1. Middle School and High School:

Students in these grades must participate in physical activities conducive to the health and vigor of body and mind for a total period of not less than 400 minutes each ten school days. 

1. High School:

Districts must offer a comprehensive PE course for students in grades 9 through 12. This course should cover a developmentally appropriate instruction sequence in eight specific content areas throughout the PE classes offered as part of the school’s curriculum. Although the law does not mandate that each class must cover all eight areas, it does require that the overall course of study for grades 9 through 12 encompasses instruction in all eight regions.

• • Effects of physical activity on dynamic health;
  • Mechanics of body movement;
  • Aquatics;
  • Gymnastics and tumbling;
  • Individual and dual sports;
  • Rhythms and dance;
  • Team sports;
  • Combatives.

Furthermore, the PE Model Content Standards for California Public Schools, High School Courses One and Two, provide a course model covering the topics mentioned above.

1. How Do Block Schedules Alter PE Minutes Compliance? Secondary schools traditionally have six to eight 40 to 55-minute classes per day. However, in a block schedule, classes are longer, ranging from 75 to 95 minutes, and students attend fewer daily classes. In a block schedule, students can take up to eight courses per year.

Some block schedules have a 4x4 block, where students take four courses daily for the first half of the school year and then switch to four classes for the second half. This type of schedule operates on a semester schedule, meaning students and teachers follow new schedules halfway through the year. By focusing on four classes at a time, students and teachers can provide deeper and more comprehensive instruction.

In an A/B or alternating block schedule, classes meet every other day for the academic year. This schedule still allows for some benefits of more extended class periods, such as building relationships and more interactive lessons. Still, students and teachers focus on eight classes throughout the year.

Some schools combine traditional and block schedules into a hybrid weekly schedule. Hybrid schedules provide similar benefits and challenges to alternating block schedules.

In addition, schools have many other schedule modifications, such as flex block, rotating block, and trimester schedules. Some schools add a flex block to the schedule to make time for advisory, intervention, or other student/school/district needs. A flex block typically lasts 30 minutes and can occur at the beginning, middle, or end of the day.

Waivers For PE Courses On Block Schedules Have Been Approved For At Least 40 Years. According to the CDE, the State Board of Education (SBE) adopted a waiver guidelines policy in July 1984. The policy was amended in February 1990 and June 1999 to allow local educational agencies to seek flexibility in meeting requirements to accommodate block schedules when necessary.

Policy 99-03 of the SBE established criteria for evaluating and approving requests to waive the two-year PE requirements. The policy aims to guarantee that students participate in regular physical activity as mandated by law, even if their school schedule doesn't permit it during regular instructional time.

The SBE's High School Waiver Criteria consist of specific requirements, some of which are also outlined in this bill.

1. The district provides evidence that the PE instructional program at each school(s) requesting the waiver, complies with federal and state statutes and regulations related to PE pertaining to the minutes requirement; provides instruction based on PE content standards; and is aligned with the PE Framework (sequential, articulated, age-appropriate instruction).
2. The district provides evidence that it has developed a PE professional development plan for teachers who deliver PE instruction at that school.
3. The district provides evidence that students are enrolled in PE courses for a minimum of 18 weeks in 80-90-minute daily class periods during the regular school year.
4. The district will monitor students' physical activity programs during weeks when they are not taking a PE course at school. The monitoring program will include holding students accountable for their participation in physical activity, guiding students in using exercise principles to design and complete their physical activity programs, and providing specific information about the monitoring program's design and delivery.
5. The district provides information demonstrating that the PE program in a senior or four-year high school complies with the California Code of Regulations, Title 5, Article 3.1, Section 10060.
6. The district provides information demonstrating that all eligible students are prepared for and participate in the physical performance testing specified in EC Section 60800.
7. The district has thoroughly examined the option of implementing alternate-day scheduling for PE instead of alternate-term scheduling.

The CDE provides technical assistance to schools that apply for and receive a waiver. If a school is granted a waiver of EC Section 51222 to implement a block schedule, it will be selected for monitoring as part of the district's categorical program monitoring process. Additionally, the CDE reviews California Physical Fitness Test data for schools that request a waiver, initially and upon renewal, to assess improvement or at least maintenance of students' health-related fitness levels.

1. Related Legislation.

SB 78 (Torlakson and Ortiz, Chapter 459, Statutes of 2003) adds fitness programs and clubs to the PE activities which K-12 districts are encouraged to offer and provides that PE test results may be provided to pupils orally.

SB 601 (Torlakson, Chapter 720, Statutes of 2007) enhances the monitoring of local compliance with PE requirements while clarifying existing law relating to high school PE exemptions.

SUPPORT

Los Angeles Unified School District (Sponsor)

Jefferson Union High School District

Oxnard Union High School District

PERK Advocacy

OPPOSITION

None received

-- END --

Date of Hearing: April 10, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2073

Author:(Quirk-Silva) – As Amended Ver:April 1, 2024

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

SUMMARY:

This bill authorizes a school, if certain conditions are met, to use an alternate schedule to satisfy physical education (P.E.) course requirements for students.

Specifically, this bill allows a school serving students in grades six to 12 to adopt a policy for an alternate schedule to satisfy P.E. course requirements. For the sixth grade, students each are to receive at least 400 minutes of instruction over 10 days for a semester, for a total of 3,600 minutes per school year. For students grades seven through 12, students each are to receive at least 800 minutes of instruction every 10 days for a semester, for a total of 7,200 minutes of instruction per school year. The bill requires these P.E. programs to adhere to certain requirements, including the use the state’s P.E. framework and that students prepare for and participate in physical performance testing.

FISCAL EFFECT:

1. Potential General Fund (GF) cost savings to the extent the State Board of Education (SBE) will be required to process fewer waivers of P.E. course requirements as a result of this bill.
2. Potential Proposition 98 GF administrative cost savings to schools who otherwise would have requested a waiver of P.E. course requirements every two years absent this bill.

COMMENTS:

1. Purpose. According to the sponsor of this bill, Los Angeles Unified School District:

Schools that operate alternative ‘block’ schedules, where students take fewer classes for longer periods of time each day for a quarter or a semester, are compelled to seek a state waiver from the requirement to offer PE regularly every ten days. Under these waivers, students attend the same number of annual minutes of PE as they would on a typical school schedule… Recognizing the benefits of block scheduling, districts across California have pursued and been granted State Board of Education waivers from the PE requirement on a regular basis since the 1980s. AB 2073 will allow schools to meet the annual required number of minutes of PE using a block schedule, while removing an unnecessary administrative burden.

1. Background. Current law requires every student to complete certain coursework in P.E. In grades seven to 12, each student must attend at least 400 minutes of P.E. every 10 schooldays, while each student in grades one through six must attend at least 200 minutes every 10 schooldays.

According to the author, some middle and high schools in California organize courses for students using “block” schedules. One purpose of block scheduling is to allow students to complete more courses in a semester than they would under a traditional schedule. While block schedules vary, a common block schedule allows a student to attend four courses for 80 to 100 minutes every day for the first semester, and then attend four additional courses for 80 to 100 minutes every day for the second semester. This schedule allows a student to complete eight courses in a school year rather than the typical six courses.

Block scheduling, however, can make it difficult for students to meet the state’s P.E. course requirements because, under this model, students often take a given course only for one semester, while state law requires students attend a certain number of minutes of P.E. every 10 days throughout the entire school year. Currently, to avoid penalties, schools who cannot meet the state’s P.E. course requirements must apply for and be granted a waiver of P.E. requirements from SBE every two years. The waiver includes various stipulations and CDE provides technical assistance and oversight to schools that apply for and receive a waiver.

This bill allows a school to adopt a policy to satisfy P.E. course requirements rather than applying for a waiver every two years. The bill contains some of the same stipulations and oversight mechanisms of the existing waiver system. In addition, schools still are required to provide P.E. to students for the same number of minutes as under current law, but the minutes can be provided every ten days for a semester, rather than the entire year.

Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081

Date of Hearing: March 20, 2024

ASSEMBLY COMMITTEE ON EDUCATION

Al Muratsuchi, Chair

ABPCA Bill Id:AB 2073 (

Author:Quirk-Silva) – As Introduced Ver:February 5, 2024

SUBJECT: Physical education courses: alternate term schedules

SUMMARY: Permits secondary schools to meet the requirement that students be provided a minimum number of minutes of physical education through block schedules, as specified. Specifically, this bill:

1. Permits the governing board of a school district that maintains any of grades 6 to 12, inclusive, to adopt a policy providing for an alternate term schedule for physical education courses, which is deemed to satisfy the requirement that students be required to attend upon the courses of physical education for a total period of time of not less than 400 minutes every 10 schooldays, if all of the conditions are met:
2. Students receive daily periods of physical education of 70 to 90 minutes, inclusive, for at least one semester of not fewer than 17 weeks during the regular school year, for a total of 7,200 instructional minutes for the school year;
3. The physical education program is aligned with the physical education framework adopted by the State Board of Education (SBE) in that it provides a sequential, articulated, age-appropriate program;
4. The physical education program complies with the course of study requirements of high school physical education programs; and
5. Students are prepared for, and participate in, the physical performance testing required under current law.

EXISTING LAW:

1. Requires that all students in grades 7 to 12 attend courses of physical education for a total period of time of not less than 400 minutes every 10 schooldays. Authorizes students to be excused from physical education classes during one of grades 10, 11, or 12, not to exceed 24 hours, in order to participate in automobile driver training.  Requires a student who is excused from physical education classes to enroll in driver training to attend a minimum of 7,000 minutes of physical education instruction during such school year. (Education Code (EC) 51222)
2. Requires that instruction in physical education in an elementary school maintaining any of grades 1 to 8, inclusive, be for a total period of time of not less than 200 minutes each 10 schooldays, exclusive of recesses and the lunch period. (EC 51223)
3. Establishes that, as part of the course of study for grades 1 to 6, includes physical education, with emphasis upon the physical activities for the students that may be conducive to health and vigor of body and mind, for a total period of time of not less than 200 minutes each 10 schooldays, excluding recesses and the lunch period. (EC 51210)
4. Authorizes the governing board of a school district that maintains a junior high school or high school to schedule classes so that each pupil attends classes for at least 1,200 minutes during any five-schooldays period or 2,400 minutes during any 10-schoolday period. (EC 46160)
5. Authorizes the governing board of a school district or a county board of education, on a districtwide or countywide basis or on behalf of one or more of its schools or programs, after a public hearing on the matter, to request the SBE to waive all or part of any section of the EC or any regulation adopted by the SBE that may be waived. Specifies sections of the EC which may not be waived. (EC 33050)
6. Authorizes the SBE to waive provisions of the EC, except specified provisions, and except in cases in which it specifically finds any of the following:
7. The educational needs of the students are not adequately addressed;
8. The waiver affects a program that requires the existence of a schoolsite council and the schoolsite council did not approve the request;
9. The appropriate councils or advisory committees, including bilingual advisory committees, did not have an adequate opportunity to review the request and the request did not include a written summary of any objections to the request by the councils or advisory committees;
10. Pupil or school personnel protections are jeopardized;
11. Guarantees of parental involvement are jeopardized;
12. The request would substantially increase state costs; and
13. The exclusive representative of employees, if any, was not a participant in the development of the waiver. (EC 33051)

FISCAL EFFECT: Unknown

COMMENTS:

Need for the bill. The author states, “As a teacher for over thirty years, I have witnessed firsthand the importance of physical education in shaping the lives of students. This legislation simplifies the process for schools to adopt alternative schedules for classes, ensuring that our young learners receive the physical activity they need without unnecessary obstacles. By promoting flexibility for school’s academic schedules, we can boost student success, improve teacher morale, and strengthen our educational system.”

Block schedules and physical education minutes. Current law requires all students to complete designated coursework requirements in physical education. In grades 7 to 12, students must attend no less than 400 minutes of physical education every ten schooldays, while grades one through six require no less than 200 minutes every ten schooldays.

According to the author, approximately one in three high schools in California currently operate some form of alternative term schedule. In the 4x4 schedule, students attend four courses for 80-100 minutes every day over a 9-week (half-semester) term, then attend four additional courses for the second half of the semester. This schedule offers the opportunity to complete eight, rather than the more typical six, courses in a school year.

In order to avoid penalties from statutes that require P.E. every ten days, school districts that utilize a 4x4 schedule must apply for a waiver from the SBE every two years.

Waivers for block schedules have been approved for at least 40 years. According to the CDE, the SBE adopted a waiver guidelines policy in July, 1984 (amended February, 1990 and June, 1999) to allow local educational agencies to seek flexibility in these requirements to accommodate block schedules when necessary.

SBE Policy Number 99-03 created criteria for the consideration and granting of two-year waiver requests of the physical education requirements. The intent of the policy is to ensure that students engage in consistent physical activity as required by statute, despite the fact that their school schedule does not allow for that activity in an instructional setting.

The SBE’s High School Waiver Criteria include the following requirements, several of which are included as requirements in this bill:

1. The district provides evidence that the physical education instructional program at each school(s) requesting the waiver, complies with federal and state statutes and regulations related to physical education pertaining to the minutes requirement; provides instruction based on physical education content standards; and is aligned with the Physical Education Framework (sequential, articulated, age-appropriate instruction).
2. The district provides evidence that it has developed a physical education professional development plan for teachers who deliver instruction in physical education at that school(s).
3. The district provides evidence that students are enrolled in courses of physical education fora minimum of 18 weeks in 80-90 minute daily class periods during the regular school year.
4. The district describes a method by which it will monitor students’ maintenance of a personal physical activity program during the weeks the student is not participating in a physical education course at that school. The monitoring program shall include: student accountability for their participation in physical activity; guidance for students in using the principles of exercise to design and complete their physical activity program; and specific information regarding the design and delivery of the monitoring program.
5. The district provides information that demonstrates the physical education program (in a senior or four-year high school) complies with California Code of Regulations, Title 5, Article 3.1, Section 10060.
6. The district provides information that demonstrates that all eligible students are prepared for and participate in the physical performance testing as specified in EC Section 60800.
7. The district provides evidence that alternate day scheduling for physical education rather than alternate term scheduling has been thoroughly investigated. Include reasons why alternate day block scheduling (A/B block schedule which meets the statute for physical education minutes) will not work.

The CDE provides technical assistance for schools that apply for and receive a waiver. A school granted a waiver of EC Section 51222 in order to implement a block schedule is selected to be monitored each cycle as a part of the district’s Categorical Program Monitoring (CPM) process. The CDE also reviews California Physical Fitness Test data for school(s) which request a waiver, initially and on request for renewal of the waiver, to determine improvement, or at minimum, maintenance, of students’ levels of health-related fitness.

Block scheduling popular in high schools. According to research on the topic (Rickard, 2005), block scheduling began as a reform initiative began in the 1970s to redistribute the allocation of time in secondary schools:

This form of class scheduling in high schools, typically known as block scheduling, has been configured in different formats, including the 4 x 4 and AB formats. Under the AB format, students attend classes for approximately 95 minutes on alternate days, while on the 4 x 4 format students attend the same four blocked classes each day for 90 consecutive days once per year.

According to Rettig and Canady (1999), about one of three high schools have adopted some form of block scheduling, with certain states, such as North Carolina, having as many as 75% of its high schools using block scheduling (North Carolina Department of Public Instruction, 1999). Proponents of block scheduling claim benefits for students and teachers.

Can physical education be taught as effectively as on a block schedule? According to two studies provided by the author, with proper strategies, teachers using the longer periods block scheduling provides create greater opportunities in the learning and application of knowledge, development of physical body and neuromuscular skills, and the acquisition of attitudes, appreciation, and values (Trilling, 1997), and P.E. teachers report reduced stress levels, a decline in student absenteeism and tardiness, and reduced student behavior problems after changing to block scheduling from a traditional format (Rikard, 2024).

Recommended Committee amendments. Staff recommends that this bill be amended to align the minute requirements for 6^th grade block schedules (which differ from the minute requirements for grades 7-12) with current minute requirements for that grade, by requiring that a student in 6^th grade receive no less than 400 minutes of instruction every 10 days for a semester of not fewer than 18 weeks during the regular school year, for a total of 3,600 instructional minutes for the school year.

Arguments in support. The Los Angeles Unified School District writes, “Schools that operate alternative ‘block’ schedules, where students take fewer classes for longer periods of time each day for a quarter or a semester, are compelled to seek a state waiver from the requirement to offer PE regularly every ten days. Under these waivers, students attend the same number of annual minutes of PE as they would on a typical school schedule.

There are many benefits to block scheduling. The longer class periods allow for more in-depth learning in a single class period, and taking fewer classes at one time allows students to better focus on the coursework they are currently learning. Additionally, block scheduling allows students to pursue up to eight courses each year, instead of the six or seven courses that are common on a five-day school week schedule. This ability to take additional courses allows students greater flexibility to pursue electives and accelerate their learning.

Recognizing the benefits of block scheduling, districts across California have pursued and been granted State Board of Education waivers from the PE requirement on a regular basis since the 1980s. AB 2073 will allow schools to meet the annual required number of minutes of PE using a block schedule, while removing an unnecessary administrative burden.”

REGISTERED SUPPORT / OPPOSITION:

Support

Fortuna Union High School District
Jefferson Union High School District
Los Angeles Unified School District

Opposition

None on file

Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087