BP 6142.7 — Physical Education and Activity
Section: 6000 - Instruction
Status: Active
Adopted: 2016-05-10
Revised: 2021-04-22
Policy text
PHYSICAL EDUCATION AND ACTIVITY
The Governing Board recognizes the positive benefits of physical activity on student health, well-being, and academic achievement. The District shall provide all students the opportunity to be physically active on a regular basis through high-quality physical education instruction and may provide additional opportunities for physical activity throughout the school day. The District’s physical education and activity programs shall support the District’s coordinated student wellness program and encourage students’ lifelong fitness.
Physical education classes shall be conducted in the coeducational, inclusive manner prescribed by law. The district shall provide instruction in physical education that provides equal access and equal opportunities for participation for all students in grades 1-12 regardless of gender, gender expression, sexual orientation, and mental or physical disability**.**
The District’s physical education program shall provide a developmentally appropriate sequence of instruction aligned with the state’s model content standards and curriculum framework.
The district’s physical education program shall engage students in age-appropriate moderate to vigorous physical activity, as defined in the accompanying administrative regulation, including aerobic, muscle-strengthening, and bone-strengthening activities. The Superintendent or designee shall develop strategies to monitor the amount of moderate to vigorous physical activity that takes place in the physical education instructional program.
For grades 1-6, the overall course of study shall include an 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, exclusive of recesses and the lunch period.
For grades 9-12, the overall course of study shall include 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.
The Board shall approve the courses in grades 9-12 for which physical education credit may be granted.
Students with disabilities shall be provided instruction in physical education in accordance with their individualized education program or Section 504 accommodation plan.
During air pollution episodes, extreme weather, or other inclement conditions, physical education staff shall make appropriate adjustments to the program or shall seek alternative indoor space to enable students to participate in active physical education.
Staffing
Education Code 44258.3 authorizes the Board to assign any credentialed teacher to a departmentalized class in grades K-12 if the teacher has adequate knowledge of the subject to be taught based on criteria specified in Education Code 44258.3 anddistrict-adopted policies and procedures. Pursuant to 5 CCR 80046.1, a credentialed teacher may seek an added authorization to teach adapted physical education to students who are precluded from participating in a general education physical education program or a specially designed physical education program.
Physical education instruction shall be delivered by appropriately credentialed teachers who may be assisted by instructional aides, paraprofessionals, and/or volunteers.
The District shall provide physical education teachers with continuing professional development, including classroom management and instructional strategies designed to keep students engaged and active and to enhance the quality of physical education instruction and assessment.
Physical Fitness Testing
The Superintendent or designee shall annually administer the physical fitness test designated by the State Board of Education (FITNESSGRAM) to students in grades 5, 7, and 9.
Temporary Exemptions
The Superintendent or designee may grant a student a temporary exemption from physical education under either of the following conditions:
- The student is ill or injured and a modified program to meet
his/herstudent’s needs cannot be provided. - The student is enrolled for one-half time or less.
Two-Year Exemptions
With the student’s consent, the Superintendent or designee may exempt a student from physical education courses for any two years during grades 10-12 provided that the student has satisfactorily met at least five of the six standards of the FITNESSGRAM in grade 9.
Upon request by students and/or their parents/guardians, the Superintendent or designee may administer the FITNESSGRAM to students in grades 10-12 who need to pass the test in order to qualify for a two-year exemption from physical education courses.
Students in grades 10-12 who have been granted a two-year exemption shall be offered a variety of elective physical education courses of not less than 400 minutes each 10 school days.
Such students shall not be permitted to attend fewer total hours of courses and classes than they would have attended if enrolled in a physical education course.
Permanent Exemptions
The Superintendent or designee may grant a student a permanent exemption from physical education under any of the following conditions:
- The student is age 16 years or older and has been enrolled in grade 10 for one or more academic years. However, such a student shall not be permitted to attend fewer total hours of courses and classes than they would have attended if enrolled in a physical education course.
- The student is enrolled as a postgraduate student.
- The student is enrolled in a juvenile home, ranch, camp, or forestry camp school with scheduled recreation and exercise.
Other Exemptions
The Superintendent or designee may grant a student an exemption from physical education under the following special circumstances:
- When the student is in any of grades 10-12 and is excused for up to 24 clock hours inorder to participate in automobiledriver training. However, any such student shall attend a minimum of 7,000 minutes of physical education instruction during the school year.
- When the student is in any of grades 10-12, attends a regional occupational center or program, and, because of the travel time involved, would experience hardship to attend physical education courses. Any such student shall have a minimum school day of 180 minutes.
- When the student is in high school and is engaged in a regular school-sponsored interscholastic athletic program carried on wholly or partially after regular school hours.
Program Evaluation
The Superintendent or designee shall annually report to the Board each school’s FITNESSGRAM results for each applicable grade level. The Superintendent or designee may also report to the Board regarding the number of instructional minutes offered in physical education for each grade level, the number of two-year and permanent exemptions granted pursuant to Education Code 51241, and any other data agreed upon by the Board and the Superintendent or designee to evaluate program quality and the effectiveness of the District’s program in meeting goals for physical activity and student well-being.
Legal
EDUCATION CODE
220 Prohibition of discrimination
33126 School accountability report card
33350-33354 CDE responsibilities re: physical education 35256 School accountability report card
49066 Grades; physical education class
51210 Course of study, grades 1-6
51220 Course of study, grades 7-12
51223 Physical education, elementary schools
51241 Temporary, two-year or permanent exemption from physical education
51242 Exemption from physical education for athletic program participants
52316 Excuse from attending physical education classes
60800 Physical performance test
CODE OF REGULATIONS, TITLE 5
1040-1044 Physical performance test
1047-1048 Testing variations and accommodations
3051.5 Adapted physical education for individuals with exceptional needs
4600-4670 Uniform complaint procedures
10060 Criteria for high school physical education programs
80020 Additional assignment authorizations for specific credentials
80037 Designated subjects teaching credential; special teaching authorization in physical education
80046.1 Added authorization to teach adapted physical education
UNITED STATES CODE, TITLE 29
794 Rehabilitation Act of 1973, Section 504
UNITED STATES CODE, TITLE, 42
CODE OF FEDERAL REGULATIONS, TITLE 34
106.33 Nondiscrimination on the basis of sex; comparable facilities
106.34 Nondiscrimination on the basis of sex; access to classes and schools
300.108 Assistance to states for the education of children with disabilities; physical education
LEGAL OPINIONS
LEGAL DECISIONS
Doe v. Albany Unified School District (2010) 190 Cal.App.4th 668