2005 California Education Code Sections 33350-33354 Article 3. Educational Programs

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 State Department of Education 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 Coordinated Compliance Review indicates the actual number of
minutes of instruction in physical education actually provided by
each school district, for the purpose of determining whether each
school district is in compliance with the physical education
requirements of Sections 51210, 51220, 51222, and 51223.
   (c) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2007, deletes or extends
that date.
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 State Department of Education, 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 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.
   (b) 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, 2005.
  (c) This section shall remain in effect only until January 1, 2007,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2007, 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 State Department of Education 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, or 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, or
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 laws.
   (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, shall not be required to first file a
discrimination complaint with a school district, and 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
such 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,
or consortium, or the federation is not in compliance with state or
federal law in matters relating to interscholastic activities, and
the school district, association, or 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 shall not be construed or interpreted to 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 of
Education pursuant to Section 232 with regard to discrimination in
interscholastic athletics.
  (d) This section shall remain in effect only until January 1, 2007,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2007, deletes or extends that date.