Last Updated on July 28, 2022 by Michelle Ball
By Michelle Ball, Sacramento California Expulsion, Special Education, sports/CIF, College, Education and School Attorney/Lawyer for Students since 1995
Did you dread exercise as a student or did you long to run and play kickball during math or English instruction? It seems that the time allotted for Physical Education (PE) has dwindled over the years, but California students still have a right to receive PE in school on a daily basis (unless exempted).
Why There are PE Minimums for Students
PE may seem like an obvious need: of course students should be taught baseball, basketball, how to run fast or just play with a team. It is not as obvious as you may think.
Rather than ramp up PE minutes to fight student obesity and get fit students, America chose other routes, such as attacking sugary drinks and blaming fast food, while at the same time physical education classes and student’s activity levels dwindled over time. COVID didn’t help.
Physical Education Minutes Are Mandated By Law
With the crisis of deteriorating schools, dwindling test scores and America falling behind the world in education, physical education (PE) classes became something easy to cut out of school curriculums. However, PE is written into California state law as a mandatory part of student educations
PE Minutes Determined by Grade Level
In first through sixth grades, California Education Code 51210 (7) requires 200 minutes every 10 school days: twenty minutes a day. A parent even filed suit on the school physical education issue when his school district cut PE minutes to 120 minutes every 10 days in Doe v. Albany Unified School District. The parent won, and the court of appeal validated §51210 and its PE mandate.
For students in seventh through twelfth grades, the amount is even higher, with a 400 minute every 10 day requirement outlined in California Education Code 51222.
PE Minute Exceptions
If a student physical fitness test is passed in grade 9, a student may be exempted for up to 2 years of PE in tenth through twelfth grades (Ed Code 51241). However, alternative physical education elective classes must be made available if the student is not going to participate in traditional PE.
Students may get out of some PE hours to engage in Drivers Education (Education Code 51222), if they are involved in sports (Education Code 51242), if they attend school less than half the normal time, if they have a physical disability (Education Code 51241) and perhaps for other reasons.
Minimum PE Minutes Required to Graduate
The legal minimum for graduation from high school is two PE courses (see Education Code 51225.3).
Complaints on Physical Education Minutes
Issues with the amount of physical education minutes given to students may be submitted to the school district via the uniform complaint Procedure.
Have you checked whether your child’s school is meeting these legal minimums? If not, an investigation into the school situation may be needed.
Student rights and education lawyer Michelle Ball can help students with uniform complaints, curriculum, and PE issues. As a student attorney in Sacramento, Michelle Ball may become involved in issues in Roseville, Auburn, Galt, Long Beach, Rancho Cucamonga, Chula Vista, Los Angeles, San Francisco, and many other locations.
[originally written November 7, 2013]
Education Attorney for Students
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Please see my disclaimer. This is legal information, not legal advice and no attorney-client relationship is formed by this posting. This blog may not be reproduced without permission from the author and proper attribution of authorship. This blog may not reflect the current state of the law.