Article 3 - Educational Programs

California Education Code — §§ 33350-33355

Sections (8)

Amended by Stats. 2003, Ch. 459, Sec. 1. Effective January 1, 2004.

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

Enacted by Stats. 1976, Ch. 1010.

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

§ 33352

Amended by Stats. 2019, Ch. 497, Sec. 45. (AB 991) Effective January 1, 2020.

(a)The department shall exercise general supervision over the courses of physical education in the 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 paragraph (7) of subdivision (a) 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 51223.

(4)Conducts physical fitness testing of pupils as required pursuant to Chapter 6 (commencing with Section 60800) of Part 33 of Division 4.

(5)Includes the results of physical fitness testing of pupils in the school accountability report card as required pursuant to subparagraph (B) 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 website of the department.

§ 33353

Amended by Stats. 2023, Ch. 366, Sec. 1. (AB 1327) Effective January 1, 2024.

(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 (Division 10 (commencing with Section 7920.000) 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 appropriate policy committees of the Legislature and the Governor on its evaluation and accountability activities undertaken pursuant to this section on or before January 1, 2023, and on or before January 1 every seven years thereafter. 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 federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et

seq.).

(E) Health and safety of pupils, coaches, officials, and spectators, including, but not limited to, racial discrimination, harassment, or hazing.

(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 submit a 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).

(3)(A) Upon receiving a report from the California Interscholastic Federation pursuant to paragraph (1), the appropriate policy committees of the Legislature shall hold a joint hearing at which the California Interscholastic Federation shall testify and members of the public shall be encouraged to testify on information in the report, including, but not limited to, the information required in paragraph (1).

(B)During years in which the California Interscholastic Federation is not required to submit a report to the Legislature and the Governor pursuant to paragraph (1), it shall, at the request of the appropriate policy committees of the Legislature, make itself available for hearings regarding the information in paragraph (1).

(c)(1) (A) (i) On or before January 1, 2025, the department shall develop, in consultation with relevant stakeholders, a standardized incident form to track racial discrimination, harassment, or hazing

that occurs at high school sporting games or sporting events, and annually report the information from completed incident forms as statewide totals on the department’s internet website.

(ii) The information reported by the department pursuant to clause (i) shall be provided on an aggregated basis and in a manner that does not disclose any personally identifying information.

(B) The standardized incident form shall include a category for the basis of the complaint and shall include information on how to report a hate incident or hate crime through the Civil Rights Department’s CA vs. Hate Resource Line and Network.

(2)(A) On or before April 1, 2025, a local educational agency that

participates in the California Interscholastic Federation shall post on their internet website the standardized incident form developed by the department pursuant to paragraph (1) and shall include information on how to submit a completed incident form to the local educational agency.

(B)A local educational agency that participates in the California Interscholastic Federation shall, upon request by the department, submit information related to any completed standardized incident forms received by the local educational agency.

(C)The department may share completed incident forms it has collected from a local educational agency with the California Interscholastic Federation to assist the California Interscholastic Federation with preparation of the report required pursuant to subdivision

(b).

(3)A completed incident form is a public record pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and is subject to all applicable exemptions from public disclosure under that act in order to protect the confidentiality of pupil and school personnel records and information.

(d)For purposes of this section, the following definitions apply:

(1)“Hazing” means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, that is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. “Hazing” does not include athletic events or school-sanctioned events.

(2)“Local

educational agency” means a school district, county office of education, or charter school.

§ 33353.5

Amended by Stats. 1991, Ch. 617, Sec. 3.

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.

§ 33353.7

Amended by Stats. 2016, Ch. 86, Sec. 57. (SB 1171) Effective January 1, 2017.

(a)No later than July 1, 2017, the California Interscholastic Federation, in consultation with the department, shall develop guidelines, procedures, and safety standards for the purpose of classifying competition cheer as an interscholastic sport that is consistent with the United States Department of Education’s Office for Civil Rights’ definition of a sport.

(b)For purposes of this section, “competition cheer” means a sport in which teams participate in direct, head-to-head competition with one another using an objective scoring system.

(c)The California Interscholastic Federation shall seek a United States Department of Education Office for Civil Rights Title IX compliance designation for

competition cheer. Competition cheer shall not be counted toward a school’s Title IX compliance unless the United States Department of Education’s Office for Civil Rights deems competition cheer compliant with its definition of a sport.

§ 33354

Amended by Stats. 2007, Ch. 130, Sec. 61. Effective January 1, 2008.

(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.

§ 33355

Amended by Stats. 2025, Ch. 67, Sec. 47. (AB 1170) Effective January 1, 2026.

(a)(1) On or before January 1, 2026, the department, in consultation with relevant stakeholders and experts, shall compile, and post on the department’s internet website, standardized guidelines specifying temperature thresholds or index ratings that trigger modifications to pupil physical activities during extreme weather conditions. The standardized guidelines shall consider relevant factors, including, but not limited to, pupil ages, harmful duration of exposure to extreme weather conditions, overall pupil safety, and available mitigation measures.

(2)The department, in consultation with relevant stakeholders and experts, may use existing resources or frameworks, or both, about temperature thresholds or index ratings that trigger

modifications to pupil physical activities during extreme weather conditions to meet the requirements of paragraph (1), including, but not limited to, the State Department of Public Health’s Health Guidance for Schools on Sports and Strenuous Activities During Extreme Heat, the National Weather Service’s HeatRisk forecast tool, and the guidelines established by the California Interscholastic Federation pursuant to Section 35179.8.

(b)(1) On or before July 1, 2026, each local educational agency shall develop, adopt, and implement weather protocols for extreme weather conditions.

(2)The weather protocols shall incorporate the standardized guidelines compiled by the department pursuant to subdivision (a) and shall detail the specific measures to be taken during extreme weather conditions, including, but not limited to, all of the following:

(A)Clear criteria for determining when weather conditions are considered extreme weather conditions and warrant modification or cessation of outdoor physical activities.

(B)Procedures for monitoring weather forecasts and alerts to anticipate extreme weather conditions.

(C)Protocols for communicating with staff, pupils, and parents or guardians regarding changes to outdoor activities due to extreme weather conditions.

(D)Designation of indoor alternative activities that can be safely conducted during extreme weather conditions.

(E)Training for staff members on recognizing signs of weather-related distress in pupils and appropriate response measures.

(F)Coordination with relevant local agencies and experts to ensure timely access to weather-related information and resources.

(3)The weather protocols shall be annually reviewed, evaluated, and, if necessary, updated to incorporate best practices and address any emerging concerns or challenges, and to reflect changes in weather patterns, advances in safety practices, and feedback from stakeholders.

(c)Commencing January 1, 2026, the department shall provide technical assistance to local educational agencies in the implementation of their weather protocols.

(d)Interscholastic athletic programs administered by the California Interscholastic Federation, including their associated practices and games, shall comply with the guidelines established pursuant

to Section 35179.8.

(e)For purposes of this section, the following definitions apply:

(1)“Extreme weather conditions” means occurrences of unusually severe weather conditions, including, but not limited to, periods of extreme heat, excessive precipitation, and floods, that may pose significant harm to pupils.

(2)“Local educational agency” means a school district, county office of education, or charter school.

(3)“Physical activity” means physical education classes, sports, and athletic practices and games sponsored by a local educational agency, except for those relating to an interscholastic athletic program administered by the California Interscholastic Federation.

(f)The

implementation of this section is subject to an appropriation being made for purposes of this section in the annual Budget Act or another statute.