6142.7
AR
Administrative Regulation
Physical Education And Activity
Definitions
Physical education is a sequential educational program that teaches students to understand and participate in regular physical activity that assists in developing and maintaining physical fitness throughout their lifetime, understand and improve their motor skills, enjoy using their skills and knowledge to establish a healthy lifestyle, and understand how their bodies work.
Physical activity is bodily movement that is produced by the contraction of skeletal muscle and that substantially increases energy expenditure, including exercise, sport, dance, and other movement forms.
Moderate physical activity is any activity which generally requires sustained, rhythmic movements and refers to a level of effort a healthy individual might expend while, for example, walking briskly, dancing, swimming, or bicycling on level terrain. A person should feel some exertion but should be able to carry on a conversation comfortably during the activity.
Vigorous physical activity is any activity which generally requires sustained, rhythmic movements and refers to a level of effort a healthy individual might expend while, for example, jogging, participating in high-impact aerobic dancing, swimming continuous laps, or bicycling uphill. Vigorous physical activity may be intense enough to result in a significant increase in heart and respiration rate.
Instructional Time
Instruction in physical education shall be provided for at least the following minimum period of time: (Education Code 51210, 51222, 51223)
1. For students in grades 1-6, 200 minutes each 10 school days, exclusive of recess and the lunch period
2. For students in grades 7-8 attending an elementary school, 200 minutes each 10 school days, exclusive of recess and the lunch period
3. For students in grades 7-8 attending a middle school or junior high school, 400 minutes each 10 school days
If the instructional minute requirement cannot be met during any 10-day period due to inclement weather, a school assembly, field trip, student assessment, or other circumstance, the school shall make up those minutes on another day in order to satisfy the instructional minute requirement.
The Superintendent or designee shall determine a method to document compliance with the required number of instructional minutes. Such documentation may include, but not be limited to, a master schedule, bell schedule, weekly schedule for each teacher providing physical education instruction, district calendar, teacher roster, or log for staff or students to record the number of physical education minutes completed.
Any complaint alleging noncompliance with the instructional minute requirement may be filed in accordance with the district's procedures in AR 1312.3 - Uniform Complaint Procedures. A complainant not satisfied with the district's decision may appeal the decision to the California Department of Education (CDE). If the district or CDE finds merit in a complaint, the district shall provide a remedy to all affected students and parents/guardians. (Education Code 51210, 51222, 51223; 5 CCR 4600-4670)
Monitoring Moderate to Vigorous Physical Activity
To monitor the amount of time students are engaged in moderate to vigorous physical activity, the Superintendent or designee may:
1. Develop methods to estimate the amount of time students spend in moderate to vigorous physical activity and the amount of time students are inactive during physical education classes
2. Provide physical education teachers with staff development, self-monitoring tools, stopwatches, and/or heart rate monitors to assist them in planning and assessing the level of activity in their classes
Physical Fitness Testing
During the annual assessment window between the months of February through May, students in grades 5 & 7shall be administered the physical fitness test designated by the State Board of Education (FITNESSGRAM). (Education Code 60800; 5 CCR 1041)
The Superintendent or designee may provide a make-up date for students who are unable to take the test based on absence or temporary physical restriction or limitations, such as students recovering from illness or injury. (5 CCR 1043)
On or before November 1 of each school year, the Superintendent may designate an employee to serve as the district's physical fitness test coordinator and so notify the test contractor. The test coordinator shall serve as the liaison between the district and CDE for all matters related to the physical fitness test. The duties shall be those specified in 5 CCR 1043.4, including, but not limited to: (5 CCR 1043.4)
1. Responding to correspondence and inquiries from the contractor in a timely manner and as provided in the contractor's instructions
2. Determining district and school site test and test material needs
3. Overseeing the administration of the physical fitness test to students
4. Overseeing the collection and return of all test data to the contractor
5. Ensuring that all test data are received from school test sites in sufficient time to satisfy the reporting requirements
6. Ensuring that all test data are sent to the test contractor by June 30 of each year
Students shall be provided with their individual results after completing the FITNESSGRAM. The test results may be provided in writing or orally as the student completes the testing, and shall be included in the student's cumulative record. (Education Code 60800; 5 CCR 1043.10, 1044)
Each student's test results shall also be provided to the student's parents/guardians.
The Superintendent or designee shall report the aggregate results of the FITNESSGRAM in the annual school accountability report card required by Education Code 33126 and 35256. (Education Code 60800)
Testing Variations
All students may be administered the FITNESSGRAM with the following test variations: (5 CCR 1047)
1. Extra time within a testing day
2. Test directions that are simplified or clarified
All students may have the following test variations if they are regularly used in the classroom: (5 CCR 1047)
1. Audio amplification equipment
2. Separate testing for individual students provided that the student(s) are directly supervised by the test examiner
3. Manually Coded English or American Sign Language to present directions for test administration
Students with a physical disability and students who are physically unable to take all of the test shall undergo as much of the test as their physical condition will permit. (Education Code 60800; 5 CCR 1047)
Students with disabilities may be provided the following accommodations if specified in their individualized education program (IEP) or Section 504 plan: (5 CCR 1047)
1. Administration of the test at the most beneficial time of day to the student after consultation with the test contractor
2. Administration of the test by a test examiner to the student at home or in the hospital
3. Any other accommodation specified in the student's IEP or Section 504 plan for the physical fitness test
Identified English learners may be allowed the following additional test variations if regularly used in the classroom: (5 CCR 1048)
1. Separate testing with other English learners, provided that the student(s) are directly supervised by the test examiner
2. Test directions translated into their primary language, and the opportunity to ask clarifying questions about the test directions in their primary language
Additional Opportunities for Physical Activity
The Superintendent or designee shall implement strategies for increasing opportunities for physical activity outside the physical education program, which may include, but not be limited to:
1. Training recess, lunch, and before- and after-school supervisors on methods to engage students in moderate to vigorous physical activity
2. Encouraging teachers to incorporate physical activity into the classroom
3. Establishing extracurricular activities that promote physical activity, such as school clubs, intramural athletic programs, dance performances, community service, special events, and competitions
4. Incorporating opportunities for physical activity into before- or after-school programs and/or child care and development programs
5. Exploring opportunities for joint use of facilities or grounds in order to provide adequate space for students and community members to engage in recreational activities
6. Developing business partnerships to maximize resources for physical activity equipment and programs
7. Developing programs to encourage and facilitate walking, bicycling, or other active transport to and from school
Legal & Management References
State
5 CCR 10060 - Criteria for high school physical education programs
5 CCR 1040-1043.10 - Physical performance test
5 CCR 1047-1048 - Testing variations and accommodations
5 CCR 3051.5 - Adapted physical education for individuals with exceptional needs
5 CCR 4600-4670 - Uniform complaint procedures
5 CCR 4900-4965 - Nondiscrimination in elementary and secondary educational programs receiving state or federal financial assistance
5 CCR 80020 - Additional assignment authorizations for specific credentials
5 CCR 80037 - Designated subjects teaching credential; special teaching authorization in physical education
5 CCR 80046.1 - Added authorization to teach adapted physical education
Ed. Code 220 - Prohibition of discrimination
Ed. Code 221.5 - Equal opportunity
Ed. Code 33126 - School accountability report card
Ed. Code 33350-33355 - CDE responsibilities regarding physical education
Ed. Code 35256 - School Accountability Report Card
Ed. Code 44250-44277 - Credentials and assignment of teachers
Ed. Code 49062 - Student records
Ed. Code 49066 - Grades; change of grade; physical education grade
Ed. Code 51210 - Course of study for grades 1-6
Ed. Code 51220 - Course of study for grades 7-12
Ed. Code 51222 - Physical education; instructional minutes
Ed. Code 51223 - Physical education; elementary schools
Ed. Code 51225.3 - High school graduation requirements
Ed. Code 51240.5 - Physical education; accommodation for religious fasting
Ed. Code 51241 - Temporary two-year or permanent exemption from physical education
Ed. Code 51242 - Exemption from physical education for athletic program participants
Ed. Code 52316 - Excuse from attending physical education classes; regional occupational center/program
Ed. Code 60800 - Physical performance test
Federal
29 USC 794 - Rehabilitation Act of 1973; Section 504
34 CFR 106.33 - Nondiscrimination on the basis of sex; comparable facilities
34 CFR 106.34 - Nondiscrimination on the basis of sex; access to classes and schools
34 CFR 300.108 - Assistance to states for the education of children with disabilities; physical education
42 USC 1758b - Local wellness policy
Management Resources
Attorney General Opinion - 53 Ops.Cal.Atty.Gen. 230 (1970)
California Department of Education Publication - Physical Education Framework for California Public Schools, Kindergarten Through Grade 12, 2009
California Department of Education Publication - Physical Education Model Content Standards for California Public Schools, Kindergarten Through Grade 12, January 2005
CDC Publication - School Health Index (SHI): A Self-Assessment and Planning Guide, Middle/High School, 2017
CDC Publication - School Health Index (SHI): A Self-Assessment and Planning Guide, Elementary School, 2017
Commission on Teacher Credentialing Publication - The Administrator's Assignment Manual, 2019
Court Decision - Doe v. Albany Unified School District (2010) 190 Cal.App.4th 668
CSBA Publication - Active Bodies, Active Minds: Physical Activity and Academic Achievement, Fact Sheet, February 2010
CSBA Publication - Maximizing Opportunities for Physical Activity During the School Day, Fact Sheet, November 2009
CSBA Publication - Maximizing Opportunities for Physical Activity Through Joint Use of Facilities, Policy Brief, February 2010
CSBA Publication - Moderate to Vigorous Physical Activity in Physical Education to Improve Health and Academic Outcomes, Fact Sheet, November 2009
CSBA Publication - Monitoring for Success: A Guide for Assessing and Strengthening Student Wellness Policies, rev. 2012
CSBA Publication - Physical Education and California Schools, Policy Brief, October 2007
CSBA Publication - Student Wellness: A Healthy Food and Physical Activity Policy Resource Guide, 2012
U.S. Dept. of Health & Human Services Publication - Physical Activity Guidelines for Americans, 2nd Edition, October 2018
Website - CSBA District and County Office of Education Legal Services
Website - California Project LEAN (Leaders Encouraging Activity and Nutrition)
Website - Healthy People 2010
Website - President's Council on Sports, Fitness and Nutrition
Website - U.S. Department of Health and Human Services
Website - National Association for Sport and Physical Education
Website - Commission on Teacher Credentialing
Website - CSBA
Website - Centers for Disease Control and Prevention
Website - California Healthy Kids Resource Center
Website - California Department of Education
Cross References
1240 AR Volunteer Assistance
1312.3 AR Uniform Complaint Procedures
1330.1 BP Joint Use Agreements
3514 AR Environmental Safety
4112.2 AR Certification
4112.21 AR Interns
4113 AR Assignment
4115 AR Evaluation/Supervision
4127 BP Temporary Athletic Team Coaches
4131 AR Staff Development
4222 BP Teacher Aides/Paraprofessionals
4227 BP Temporary Athletic Team Coaches
4231 BP Staff Development
4327 BP Temporary Athletic Team Coaches
5030 BP Student Wellness
5125 AR Student Records
5141.23 AR Asthma Management
5141.4 AR Child Abuse Prevention And Reporting
5142 AR Safety
5142.2 AR Safe Routes To School Program
5145.3 AR Nondiscrimination/Harassment
5148.2 AR Before/After School Programs
6011 BP Academic Standards
6142.8 AR Comprehensive Health Education
6143 AR Courses Of Study
6145.5 AR Student Organizations And Equal Access
6159 AR Individualized Education Program
6162.5 BP Student Assessment
6177 BP Summer Learning Programs
6179 AR Supplemental Instruction
7110 BP Facilities Master Plan