Bill Text: CA AB223 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Safe Body Art Act.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Vetoed) 2010-09-30 - Vetoed by Governor. [AB223 Detail]

Download: California-2009-AB223-Amended.html

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BILL NUMBER: AB 223	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 25, 2009

INTRODUCED BY   Assembly Members Ma and Lieu
   (Principal coauthor: Assembly Member Cook)

                        FEBRUARY 4, 2009

   An act to  amend Section 51222 of, and to add Sections
51230.1 and 51242.1 to   add Section 51230.1 to  ,
the Education Code, relating to physical education, and declaring the
urgency thereof, to take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 223, as amended, Ma. Physical education: Junior Reserve
Officers' Training Corps.
   Existing law provides that the governing board of any school
district maintaining a secondary school may establish in the school
courses in military science and tactics complying with the laws of
the United States made and provided with reference to Reserve
Officers' Training Corps units in educational institutions. 
Existing law also requires all pupils in grades 7 to 12, inclusive,
except those who are excused or exempted, as specified, to attend
courses of physical education for not less than 400 minutes each 10
school days. 
   This bill would make findings and declarations concerning the
value of Junior Reserve Officers' Training Corps (JROTC) programs.
This bill would require the San Francisco Board of Education to make
JROTC courses available to pupils under its jurisdiction in grades 9
to 12, inclusive.  This bill would also require the governing
board of a school district that establishes courses provided with
reference to Reserve Officers' Training Corps units in any secondary
school that it maintains to exempt any pupil engaged in an ROTC
course from attending courses of physical education and from
provisions that require that 2 courses in physical education be
completed in order to receive a diploma of graduation from high
school.  Because this bill would require  a  school
 districts  district  to provide a higher
level of service and to perform additional administrative tasks, this
bill would create a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature hereby finds and declares all of the
following:
   (a) The Junior Reserve Officers' Training Corps (JROTC) is a
leadership and citizenship program offered before, during, and after
school in public high schools that fosters character development,
pupil achievement, leadership skills, wellness and physical fitness,
and civic responsibility.
   (b) The mission of the JROTC program is "To Motivate Young People
to be Better Citizens."
   (c) Pupils and instructors in the JROTC program volunteer
thousands of community service hours to their schools and
communities.
   (d) Pupils of all genders, races, and sexual orientations
participate in the JROTC program. Openly gay, lesbian, bisexual, and
transgender pupils number among the cadets and cadet leadership
staff.
   (e) The JROTC program has been cited by program alumni, parents,
principals, counselors, and teachers as supporting at-risk high
school pupils.
   (f) Over 90 percent of JROTC program participants go on to
college.
   (g) In November 2008, the voters of the City and County of San
Francisco overwhelmingly passed Proposition V by nearly 55 percent
urging the San Francisco City Unified School District to support the
JROTC program by continuing to make it available to district pupils.
   (h) The JROTC curriculum contains a rigorous and intense physical
education component that motivates pupils toward a lifelong
commitment to physical fitness and health. 
  SEC. 2.    Section 51222 of the Education Code is
amended to read:
   51222.  (a) All pupils, except pupils excused or exempted pursuant
to Section 51241, 51242, or 51242.1 shall be required to attend upon
the courses of physical education for a total period of time of not
less than 400 minutes each 10 schooldays. Any pupil may be excused
from physical education classes during one of grades 10, 11, or 12
for not to exceed 24 clock hours in order to participate in
automobile driver training. A pupil who is excused from physical
education classes to enroll in driver training shall attend upon a
minimum of 7,000 minutes of physical education instruction during the
school year.
   (b) The governing board of each school district that maintains a
high school and that elects to exempt pupils from required attendance
in physical education courses pursuant to paragraph (1) or (2) or
both of subdivision (b) of Section 51241 shall offer those pupils so
exempted a variety of elective physical education courses of not less
than 400 minutes each 10 schooldays. 
   SEC. 3.   SEC. 2.   Section 51230.1 is
added to the Education Code, to read:
   51230.1.  Consistent with the authority afforded to the governing
board of any school under Section 51750, the San Francisco Board of
Education shall make Junior Reserve Officers' Training Corps (JROTC)
courses available to pupils under its jurisdiction in grades 9 to 12,
inclusive. 
  SEC. 4.    Section 51242.1 is added to the
Education Code, to read:
   51242.1.  The governing board of a school district, that
establishes leadership courses that comply with the laws of the
United States made and provided with reference to Junior Reserve
Officers' Training Corps (JROTC) units in educational institutions,
in any secondary school that the board maintains pursuant to Section
51750, shall exempt any pupil engaged in an ROTC course from
attending courses of physical education and from the requirements of
subparagraph (F) of paragraph (1) of subdivision (a) of Section
51225.3. 
   SEC. 5.   SEC. 3.   The Legislature
hereby finds and declares that due to unique circumstances relating
to the City and County of San Francisco, a general statute cannot be
made applicable within the meaning of Section 16 of Article IV of the
California Constitution.
   SEC. 6.   SEC. 4.   If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.
   SEC. 7.   SEC. 5.   This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
   In order to ensure that Junior Reserve Officers' Training Corps
continue in existence in the San Francisco City Unified School
District with as high a rate of pupil participation as possible, it
is necessary that this measure take effect immediately.