SECTIONS 33350-33354 - California Statutes

EDUCATION CODE

SECTION 33350-33354

33350. The State Department of Education shall do all of the
following:
(a) Adopt rules and regulations that it deems necessary and proper
to secure the establishment of courses in physical education in the
elementary and secondary schools.
(b) Compile or cause to be compiled and printed a manual in
physical education for distribution to teachers in the public schools
of the state.
(c) Encourage school districts offering instruction in
kindergarten and any of grades 1 to 12, inclusive, to the extent that
resources are available, to provide quality physical education that
develops the knowledge, attitudes, skills, behavior, and motivation
needed to be physically active and fit for life; to provide daily
recess periods for elementary school pupils, featuring time for
unstructured but supervised play; to provide extracurricular physical
activity and fitness programs and physical activity and fitness
clubs; and to encourage the use of school facilities for physical
activity and fitness programs offered by the school, public park and
recreation districts, or community-based organizations outside of
school hours.

33351. The Department of Education may employ the necessary expert
and clerical assistants in order to carry out the provisions of this
article.

33352. (a) The department shall exercise general supervision over
the courses of physical education in elementary and secondary schools
of the state; advise school officials, school boards, and teachers
in the development and improvement of their physical education and
activity programs; and investigate the work in physical education in
the public schools.
(b) The department shall ensure that the data collected through
the categorical program monitoring indicates the extent to which each
school within the jurisdiction of a school district or county office
of education does all of the following that are applicable to the
school:
(1) Provides instruction in physical education for a total period
of time of not less than 200 minutes each 10 schooldays to pupils in
grades 1 to 6, inclusive, as required pursuant to subdivision (g) of
Section 51210.
(2) Provides instruction in physical education for a total period
of time of not less than 400 minutes each 10 schooldays to pupils in
grades 7 to 12, inclusive, as required pursuant to subdivision (a)
of Section 51222.
(3) Provides instruction in physical education for a total period
of time of not less than 200 minutes each 10 schooldays to pupils in
an elementary school maintaining grades 1 to 8, inclusive, as
required pursuant to Section 51233.
(4) Conducts physical fitness testing of pupils as required
pursuant to Chapter 6 (commencing with Section 60800) of Part 33.
(5) Includes the results of physical fitness testing of pupils in
the school accountability report card as required pursuant to
subparagraph (C) of paragraph (1) of subdivision (b) of Section
33126.
(6) Offers pupils exempted from required attendance in physical
education courses pursuant to paragraph (1) of either subdivision (b)
or (c) of Section 51241 a variety of elective physical education
courses of not less than 400 minutes every 10 schooldays.
(7) Provides a course of study in physical education to pupils in
any of grades 9 to 12, inclusive, that includes a developmentally
appropriate sequence of instruction, including the effects of
physical activity upon dynamic health, the mechanics of body
movement, aquatics, gymnastics and tumbling, individual and dual
sports, rhythms and dance, team sports, and combatives.
(8) Provides instruction in physical education to pupils that
provides equal opportunities for participation regardless of gender.
(9) Provides instruction in physical education to pupils in any of
grades 1 to 12, inclusive, by physical education teachers who hold
appropriate teaching credentials issued by the Commission on Teacher
Credentialing.
(c) The department annually shall do both of the following:
(1) Submit a report to the Governor and the Legislature that
summarizes the data collected through categorical program monitoring
regarding the items described in paragraphs (1) to (9), inclusive, of
subdivision (b).
(2) Post a summary of the data collected through categorical
program monitoring regarding the items described in paragraphs (1) to
(9), inclusive, of subdivision (b) on the Internet Web site of the
department.

33353. (a) The California Interscholastic Federation is a voluntary
organization that consists of school and school-related personnel
with responsibility for administering interscholastic athletic
activities in secondary schools. It is the intent of the Legislature
that the California Interscholastic Federation, in consultation with
the department, implement the following policies:
(1) Give the governing boards of school districts specific
authority to select their athletic league representatives.
(2) Require that all league, section, and state meetings
affiliated with the California Interscholastic Federation be subject
to the notice and hearing requirements of the Ralph M. Brown Act
(Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of
Title 5 of the Government Code).
(3) Establish a neutral final appeals body to hear complaints
related to interscholastic athletic policies.
(4) Provide information to parents and pupils regarding the state
and federal complaint procedures for discrimination complaints
arising out of interscholastic athletic activities.
(5) Comply with the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code), and in doing so, as a third party recipient of
pupil and school personnel information, be afforded the same public
records disclosure exemptions as are afforded to school districts, in
order to protect the confidentiality of pupil and school personnel
records and information.
(b) (1) The California Interscholastic Federation shall report to
the Legislature and the Governor on its evaluation and accountability
activities undertaken pursuant to this section on or before January
1, 2010. This report shall include, but not be limited to, the goals
and objectives of the California Interscholastic Federation with
regard to, and the status of, all of the following:
(A) The governing structure of the California Interscholastic
Federation, and the effectiveness of that governance structure in
providing leadership for interscholastic athletics in secondary
schools.
(B) Methods to facilitate communication with agencies,
organizations, and public entities whose functions and interests
interface with the California Interscholastic Federation.
(C) The quality of coaching and officiating, including, but not
limited to, professional development for coaches and athletic
administrators, and parent education programs.
(D) Gender equity in interscholastic athletics, including, but not
limited to, the number of male and female pupils participating in
interscholastic athletics in secondary schools, and action taken by
the California Interscholastic Federation in order to ensure
compliance with Title IX of the Education Amendments of 1972 (20
U.S.C. Sec. 1681 et seq.).
(E) Health and safety of pupils, coaches, officials, and
spectators.
(F) The economic viability of interscholastic athletics in
secondary schools, including, but not limited to, the promotion and
marketing of interscholastic athletics.
(G) New and continuing programs available to pupil-athletes.
(H) Awareness and understanding of emerging issues related to
interscholastic athletics in secondary schools.
(2) It is the intent of the Legislature that the California
Interscholastic Federation accomplish all of the following:
(A) During years in which the California Interscholastic
Federation is not required to report to the Legislature and the
Governor pursuant to paragraph (1), it shall hold a public comment
period relating to that report at three regularly scheduled
federation council meetings per year.
(B) Annually allow public comment on the policies and practices of
the California Interscholastic Federation at a regularly scheduled
federation council meeting.
(C) Require sections of the California Interscholastic Federation
to allow public comment on the policies and practices of the
California Interscholastic Federation and its sections, and the
report required pursuant to paragraph (1), at each regularly
scheduled section meeting.
(D) Engage in a comprehensive outreach effort to promote the
public hearings described in subparagraphs (A) and (C).
(c) This section shall become inoperative on January 1, 2012,
unless a later enacted statute, that is enacted before January 1,
2012, deletes or extends that date.

33353.5. The California Interscholastic Federation shall not
transact insurance as defined in Section 35 of the Insurance Code,
nor shall the federation endorse any insurance programs.

33354. (a) The department shall have the following authority over
interscholastic athletics:
(1) The department may state that the policies of school
districts, of associations or consortia of school districts, and of
the California Interscholastic Federation, concerning interscholastic
athletics, are in compliance with both state and federal law.
(2) (A) If the department states that a school district, an
association, consortium of school districts, or the California
Interscholastic Federation is not in compliance with state or federal
law, the department may require the school district, association,
consortium, or the federation to adjust its policy so that it is in
compliance. However, the department shall not have authority to
determine the specific policy that a school district must adopt in
order to comply with state and federal law.
(B) Notwithstanding any other provision of law, a complainant from
a public school who wishes to file a discrimination complaint
pursuant to the regulations adopted for the purpose of implementing
Section 261 based on interscholastic activities conducted by an
association, a consortium of school districts, or by the California
Interscholastic Federation, is not required to first file a
discrimination complaint with a school district, but may file an
initial discrimination complaint directly with the department, and
the department shall have the authority to specify, with regard to a
specific discrimination complaint, the administrative remedies that
an association, a consortium of school districts, or the California
Interscholastic Federation must provide in order to comply with state
or federal law.
(3) If the department states that a school district, association,
consortium, or the federation is not in compliance with state or
federal law in matters relating to interscholastic activities, and
the school district, association, consortium, or the federation does
not change its policy in order to comply with these laws, the
department may commence with appropriate legal proceedings against
the California Interscholastic Federation, the school district or
against school districts that are members of the California
Interscholastic Federation or the association or consortium that the
department states is in noncompliance. In a legal proceeding, the
court shall determine the matter de novo. The department may make
recommendations for appropriate remedies in these proceedings.
(b) This section does not limit the discretion of local governing
boards, or voluntary associations formed or maintained pursuant to
subdivision (b) of Section 35179, in any policy, program, or activity
that is in compliance with state and federal law.
(c) The state law with which the policies of school districts,
associations, or consortia of school districts, and of the California
Interscholastic Federation, concerning interscholastic athletics,
are required to comply, in accordance with this section, includes,
but is not limited to, any regulations issued by the state board
pursuant to Section 221.1 with regard to discrimination in
interscholastic athletics.