9th Grade Fitness Test Requirements
Currently law requires all students in grades 7 - 12
to receive a minimum of 400 minutes of physical education
instruction every 10 school days (EC 51222).
Currently law also permits local school boards to exempt
high school students from two years of physical education
instruction any two years during grades 10, 11, or 12
(EC 51241).
SB 78, chaptered in September 2003, specifies that
beginning in July of 2007, students must pass the physical
performance test given in the ninth grade, in order
to receive the two year exemption.
51241. (a) 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.
(b) (1) The governing board of a school district or
the office of the county superintendent of schools of
a county may, with the consent of a pupil, if the pupil
has passed the physical performance test administered
in the 9th grade pursuant to Section 60800, grant the
pupil exemption from courses in physical education for
two years any time during grades 10 to 12, inclusive.
(2) Pursuant to Sections 51210, 5120, and 51222, physical
education is required to be offered to all pupils, and
schools are, therefore, required to provide adequate
facilities and instructional resources for that instruction.
In this regard, paragraph (1) shall be implemented in
a manner that does not create a new program or impose
a higher level of service on a local educational agency.
Paragraph (1) does not mandate any overall increase
in staffing or instructional time because, pursuant
to subdivision (d), pupils are not permitted to attend
fewer total hours of class if they do not enroll in
physical education. Paragraph (1) does not mandate any
new costs because any additional physical education
instruction that a local educational agency provides
may be accomplished during the existing instructional
day, with existing facilities. Paragraph (1) does not
prevent a local educational agency from implementing
any other temporary or permanent exemption authorized
by this section.
(c) The governing board of a school district or the
office 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 California Code of Regulations.
(d) A pupil exempted under paragraph (1) of subdivision
(b) or paragraph (1) of subdivision (c) may not attend
fewer total hours of courses and classes if he or she
elects not to enroll in a physical education course
than he or she would have attended if he or she had
elected to enroll in a physical education course.
(e) Notwithstanding any other law, the governing board
of a school district may also administer to pupils in
grades 10 to 12, inclusive, the physical performance
test required in 9th grade pursuant to section 60800.
A pupil who passes this physical performance test in
any of grades 10 to 12, inclusive, is eligible for an
exemption pursuant to subdivision (b).
(f) This section shall become operative on July 1, 2007.
California Block Funding for Arts and Physical Education
It is our understanding that the Block Grant funding
for Physical Education and the Arts will be distributed
from their CDE Fiscal Services department, no later
than February 2007. The initial disbursement will be
75% of the allocation; the remaining 25% will be dispersed
in June. It is our impression that the money will be
sent directly to districts, without an application process
and with minimal reporting requirements.
It is anticipated that school districts will be able
to find out the amount they will be receiving for both
one-time and ongoing funds around December. Districts
will be receiving a letter for the Department of Education
that states their specific allocation. They will also
be able to access that information between November
2006 and January 2007 on the Department of Education
website, http://www.cde.ca.gov
The Funds were allocated on a one-time basis for the
purchase of arts, music and/or physical education supplies
and equipment and professional development.
The allocation will equal the amount per unit of average
daily attendance in kindergarten and grades one through
twelve, with a minimum funding level of $2,500 for small
schools.
The funding may be used to:
* Purchase visual and performing arts supplies and
equipment
* Purchase physical education supplies and equipment
* Provide professional development in the visual and
performing arts and physical education
Frequently Asked Questions
1. Does the allotted funding require any kind of specific
distribution - to every school or school site councils
or any other form of mandatory distribution?
There is no legislative language that requires specific
allocation of the funds. Districts are not required
to allocate funding to each school site. The flexibility
of the legislative language allows for districts to
identify district-wide priorities. What is important
is that decisions be made in a collaborative and strategic
way, reflecting both an understanding of curriculum
and issues of access and equity.
2. Is it required that one-time funds be split 50-50
with the Arts?
This decision will be left to the discretion of the
school district, to meet district needs at the local
level. Visual and performing arts and physical education
are in great need of reinvestment in both professional
development and in the acquisition of equipment and
supplies. This funding provides a unique opportunity
to bring together the interests of all four arts disciplines
and physical education in making these important decisions.
3. Can the funding be used for district wide planning
and curriculum development, and can funds be spent on
that process?
The funding for professional development accommodates
district wide planning and curriculum development needs.
Each district will determine its own local plan for
determining that process, including how their allotment
of the money shall be spent.
4. Who should participate in the decisions about allocation
of funding?
The perspective of all key stakeholders must be brought
to the table to envision a district wide plan that will
help determine the best use of the new state budget
funds. The list should include administrators, teachers,
parents, community and business leaders.
CAHPERD strongly suggests that this money should be
used to create, improve, or expand high quality, standards-based
physical education programs for all students.
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