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Q and A Regarding HS PE Exemptions

Questions and Answers Regarding Exempting High School Students from Physical Education Courses and changes to these exemptions due to Senate Bill 78 (effective July 1, 2007) and Senate Bill 601 (effective January 1, 2008).
How often should high school students be participating in physical education courses?

“All pupils, except pupils excused or exempted pursuant to Section 51241, shall be required to attend upon the courses of physical education for a total period of time of not less than 400 minutes each 10 schooldays.” [Education Code (EC) Section 51222 (a)]

All students in grades seven to twelve inclusive must participate in physical education courses unless the pupil is excused from participation in accordance with the exceptions in EC sections 51222(a), 51241, or 51242.

What are the state high school graduation physical education course requirements?

All students are required to complete two years of physical education in order to be eligible to graduate from high school, unless the pupil has been exempted pursuant to the provision of the EC. (EC Section 51225.3 [a][1][F])

Local education agencies (LEAs) may require more than two years of physical education for high school students to graduate. (EC Section 51225.3 [a][1])

There are three distinct and separate exemptions available under EC Section 51241. Each exemption is described below.
  1. Temporary:

“The governing board of a school district or the office of the county superintendent of schools of a county may grant temporary exemption to a pupil from courses in physical education, if the pupil is one of the following:  

(1) Ill or injured and a modified program to meet the needs of the pupil cannot be provided.  

(2) Enrolled for one-half, or less, of the work normally required of full-time pupils.” (EC Section 51241 [a][1][2])

  1. Two-year:

“The governing board of a school district or the office of the county superintendent of schools of a county, with the consent of a pupil, may grant a pupil an exemption from courses in physical education for two years any time during grades ten to twelve, inclusive, if the pupil has met satisfactorily any five of the six standards of the physical performance test administered in grade nine pursuant to Section 60800.” (EC Section 51241 [b][1])

Note that the standards are found on the PFT Web page [FITNESSGRAM® Healthy Fitness Zones (HFZ)].

  1. Permanent:

“The governing board of a school district or the office of the county superintendent of a county may grant permanent exemption from courses in physical education if the pupil complies with any one of the following:  

(1) Is 16 years of age or older and has been enrolled in the 10th grade for one academic year or longer.  

(2) Is enrolled as a postgraduate pupil.  

(3) Is enrolled in a juvenile home, ranch, camp, or forestry camp school where pupils are scheduled for recreation and exercise pursuant to the requirements of Section 4346 of Title 15 of the California Code of Regulations.” (EC Section 51241 [c][1][2][3])

What physical education courses shall be available for high school students who have been exempted from two years of physical education?

“The governing board of each school district that maintains a high school and that elects to exempt pupils from required attendance in physical education courses pursuant to paragraph (1) or (2) or both of subdivision (b) of Section 51241 shall offer those pupils so exempted a variety of elective physical education courses of not less than 400 minutes each 10 schooldays.” (EC sections 33352[b][7], 51220 [d], and 51222 [b])

Who can exempt a student from physical education?

The governing board of a school district or the office of the county superintendent of schools may grant exemptions to pupils from courses in physical education if the pupil consents to such an exemption. (EC sections 51241, 51242, and 51246)

How should school districts define “passed” in order to determine if their high school students can qualify for the two-year exemption?

Senate Bill 601 (Chaptered October 14, 2007) amended EC Section 51241 [b][1]. This amendment defined “passed” for purposes of the two-year exemption from high school physical education courses as “met satisfactorily any five of the six standards of the physical performance test administered in grade nine pursuant to Section 60800.”

Which students are affected by changes in EC Section 51241 with the passage of Senate Bill 78 (Chaptered September 23, 2003) and Senate Bill 601 (Chaptered October 14, 2007)? Note that these bills affected the two-year exemption, not the temporary or permanent exemptions.

Senate Bill 78 became effective on July 1, 2007. Therefore, for purposes of determining two-year exemptions, the law will apply to students who begin their 9th grade year on or after July 1, 2007. Senate Bill 601 became effective on January 1, 2008, and defined “passed” for purposes of the two-year exemption from high school physical education courses.

What are the state reporting requirements if a district elects to use the two-year exemption?

There are no state reporting requirements related to students in grades ten, eleven, or twelve who participate in the PFT for purposes of eligibility for the two-year exemption.

Who has the authority to grant an exemption for high school students to take less than four years of physical education?  

Only the governing board of a school district or the office of the county superintendent of schools of a county may grant exemptions.

If a school district requires two years of physical education credits for the high school graduation requirements, has the district essentially invoked the two-year physical education exemption?

No. Exemptions may be granted to a pupil with the pupil’s consent only if the requirements set forth in EC sections 51222(a), 51241, or 51242 are met. The district is required to offer courses in physical education to those students who do not qualify for an exemption or do not consent to an exemption. (EC sections 51220 and 51222)

Districts must continue to offer students who are exempted under relevant EC, a variety of elective physical education courses for no less than 400 minutes every 10 school days. (EC sections 33352[b][6] and 51222[b])

Does a school district need to write specific policy regarding high school graduation requirements for physical education or should they just put the Education Code into their local governing board policy?

The governing board of a school district or the office of the county superintendent of schools determines the local governing board policy. LEAs should contact their legal counsel for additional assistance on this issue.

Can a local governing board grant a permanent exemption to all students?

A pupil may only be granted a permanent exemption if they meet the provisions of EC Section 51241(c).

Are the costs related to administration of the annual physical fitness test for students in grades ten, eleven, and twelve reimbursable?

There was no additional funding due to the changes made in EC Section 51241 due to recent legislation (i.e., Senate Bill 78 and Sentate Bill 601).

Whose responsibility is it to monitor which students need to continue to take physical education if an LEA’s local governing board policy requires that the two-year exemption policy is in place?

As is currently the practice, each LEA will be responsible for monitoring which high school students will continue to take physical education courses. If a pupil is not eligible for an exemption or does not consent to such exemption, he or she must continue to take or be offered physical education courses. (EC sections 51222 and 51241)

Questions:  Physical Fitness Testing | PFT@cde.ca.gov | 916-445-9449
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