Physical Education Laws and Regulations
Healthy Eating and Active Living Research Core
Online PE Guidance and Resources for Remote Teaching and Learning
Senate Bill 4 revised ORS 329.496, requiring K-5 students to receive 150 minutes of physical education per week for the entire school year, and students in grades 6-8 to receive 225 minutes of physical education per week for the entire school year. To learn how to reach these requirements, visit Meeting PE Minutes.
The Oregon Department of Education will collect data on school districts regarding the amount of PE minutes provided to students per week, the capacity of schools to provide those minutes, and additional facilities required by schools to provide those minutes. To see more about reporting, see Reporting.
The Oregon Department of Education will report to the Legislative Assembly on the data collected under ORS 329.498 the previous two school years. Legislative Reports from previous years can be accessed under Reporting.
The Oregon Department of Education will award grants to school districts and public charter schools to help meet physical education requirements. Explore these grant opportunities in the Physical Education Toolkit.
The Oregon Department of Education will seek private and public funding for programs that link physical activity and academic achievement, along with providing school districts information about funding opportunities that are directly available to schools and school districts for programs that link physical activity and academic achievement.
A Standard Education for Oregon students includes common knowledge and skills associated with physical education.
The Oregon Department of Education will distribute Physical Education Expansion K-8 (PEEK-8) grants for activities related to meeting the physical activity requirements. Explore grant opportunities in the Physical Education Toolkit.
Physical education minute requirements will be phased in over the next four school years, beginning with the 2019-2020 school year, with all grades K-8 eventually reaching full compliance. Minutes are prorated for schools on a 4-day school week schedules. Learn more about implementation, see how to Meet Physical Education Minutes.
The Oregon Department of Education will collect data on school districts regarding the amount of minutes provided to students per week, the capacity of schools to provide those minutes, and additional facilities required by schools to provide those minutes. The ODE will report to the Legislative Assembly on the data collected from the previous two school years. More information about reporting can be found under Reporting.
In 2007, HB 3141 was passed, requiring K-5 students to receive at least 150 minutes of physical education per week for the entire school year, and students in grades 6-8 to receive 225 minutes of physical education per week for the entire school year.
In 2017, Senate Bill 4 amended ORS 329.496 (HB3141), changing the implementation plan of the law. Senate Bill 4 prorates the physical education minutes required for schools with 4-day school weeks and other abnormal schedules (inclement weather, holidays, etc.). The law also allows teachers to deliver up to 45 minutes of physical education to other classes, granted the curriculum is reviewed by a PE specialist. Required minutes are still the same, with a gradual phasing in to full compliance. For more information on Senate Bill 4, see ORS 329.496.
Starting with the 2019-2020 school year, elementary schools (K-5 or K-6 self-containing) have a minimum amount of physical education minutes that they much reach. Senate Bill 4 includes an implementation plan that gradually phases in the amount of PE minutes schools must provide each week. Middle schools do not currently have a minimum requirement, but should develop a plan to reach full compliance.
5-day school week
Grade Level | 2019-2020 | Full compliance (future) |
---|---|---|
Grades K-5 (or K-6) | At least 120 minutes per week | At least 150 minutes per week |
Grades 6-8 | No minimum requirement until 2021-2022 school year* | At least 225 minutes per week |
*Grades 6-8 are still required to receive physical education per OAR 581-021-0200, but there is no PE minute requirement until the 2021-2022 school year. |
5-day school week minute requirement flow chart
4-day school week
Grade Level | 2019-2020 | Full compliance (future) |
---|---|---|
Grades K-5 (or K-6) | At least 100 minutes per week | At least 120 minutes per week |
Grades 6-8 | No minimum requirement until 2021-2022 school year* | At least 180 minutes per week |
*Grades 6-8 are still required to receive physical education per OAR 581-021-0200, but there is no PE minute requirement until the 2021-2022 school year. |
4-day school week minute requirement flow chart
Physical education activities must meet academic content standards for physical education. They must be sequential, developmentally appropriate, and develop students’ abilities to adopt and maintain physical activity throughout their lives.
50% of physical education time should be spent in actual physical activity with as much time as possible being spent in moderate intensity physical activity.
Minutes can be taught through a few different methods:
- PE Teachers: Licensed teachers with a physical education endorsement can provide as many minutes towards the requirements as possible to any class in any grade.
- Teachers: Licensed teachers that don’t have a physical education endorsement but possess a multiple-subject endorsement may provide physical education minutes to their own classroom, provided the curriculum is reviewed by an endorsed PE teacher.
- Flex-45: Licensed teachers that don’t have a physical education endorsement, but possess a multiple subject endorsement, may provide up to 45 minutes of physical education to another class that is not their own, provided the curriculum is reviewed by an endorsed PE teacher.
Schools may combine physical education minutes taught by a licensed Physical Education Specialist AND minutes taught by a licensed multiple-subject endorsed elementary teacher to their own self-contained classroom AND up to 45 minutes per week for a licensed multiple-subject endorsed elementary teacher to another class.
For example
- Physical Education teacher teaches all grades K-5 ⇒ 30 minutes, 3 days/week = 90 minutes/week
- Each Elementary Classroom teacher teaches their own specific grade ⇒ 15 minutes, 2 days/week = 30 minutes/week
Total minutes per week = 120 minutes
OR
- Physical Education teacher teaches all grades K-5 ⇒ 30 minutes, 3 days per week = 90 minutes/week
- Each Elementary Classroom teacher teachers their own specific grade ⇒ 15 minutes, 2 days/week = 30 minutes/week
- Specific Elementary Classroom teacher teaches to another class in their specific grade ⇒ 10 minutes, 3 days/week = 30 minutes/week
Total minutes per week = 150 minutes
OR
- Each Elementary Classroom teacher teaches grades K-5; 35 minutes 3 days per week = 105 minutes/week
- Specific Elementary Classroom teacher to another class - Specific Grade; 15 minutes 3 days/week = 45 minutes/week
Total minutes per week = 150 minutes
NOTE: Despite the options available, it is best practice to have a PE teacher with a PE endorsement teaching physical education.
To find programs and resources that can help your school reach PE requirements, see the Physical Education Toolkit.
The Oregon Department of Education requires that school districts report annually on the amount of physical education minutes that are provided to students each week, based on grade level.
Legislative Reports on PE Data Collection: 2019, 2017, 2015, 2013, 2011, 2009
For more information on reporting, see ORS 329.498, ORS 329.499, and OAR 581-022-2265.
Yes, by law, school districts are required to provide a planned K-12 instructional program that includes all Common Curriculum Goals and academic content standards in physical education as described by ORS 329.045.
In addition, Division 22 Standards for Public Elementary and Secondary Schools includes Physical Education as part of Common Curriculum Goals and academic content standards adopted by the State Board of Education OAR 581-022-2030.
- The time allotted should be reasonable to include high quality physical education instruction that meets Physical Education Common Curriculum Goals and Content Standards. Visit the Centers for Disease Control and Prevention to learn more about high quality physical education.
- Learn more about Oregon Physical Education Standards.
- Best practice recommends that physical education class sizes be equivalent to other content areas. See the Nation Association for Sport and Physical Education Guidance Document to better understand how to handle large classes.
Yes, there are required minutes starting with the 2019-2020 school year. Elementary schools will be required to meet 120 minutes of physical education minutes per week for the entire school year (exceptions for holidays, four-day school weeks, etc.)
Senate Bill 4 (ORS 329.496) requires physical education participation for all public school students in Kindergarten through grade 8 for the entire school year and meet specific weekly minute requirements.
A phase-in of required minutes will occur over the next four school years to reach the goal of students in grades kindergarten through grade 5 (K-6 self-contained) participating in physical education for at least 150 minutes during each school week for the entire year, and students in grades 6-8 participating in physical education for at least 225 minutes during each school week for the entire year. For more information, see a detailed explanation of Senate Bill 4 and how to meet physical activity minutes.
Yes, the minutes are different for schools that function on shorter school weeks.
For the 2019-2020 school year, schools with four-day school weeks will be required to provide greater than 100 minutes of physical education per week, compared to the 120 minutes that five-day school weeks must provide. Minutes will also be prorated for schools that miss a day during the week (holiday, field trip, inclement weather, etc.).
No, multiple-subject endorsed elementary teachers may teach elementary physical education to their own self-contained classroom. However, best practice recommends having a licensed professional teach their specific content area.
Senate Bill 4 (ORS 329.496) also allows up to 45 minutes per week of physical education to be taught by a licensed multiple subject endorsed elementary teacher to another class as long as the curriculum:
- meets academic content standards for physical education as adopted by the State Board of Education (see Oregon Physical Education Standards).
- has been reviewed by a licensed Physical Education Specialist
-
Schools may combine physical education minutes taught by a licensed Physical Education Specialist AND minutes taught by a licensed multiple-subject endorsed elementary teacher to their own self-contained classroom AND up to 45 minutes per week for a licensed multiple-subject endorsed elementary teacher to another class.
For example:- Physical Education teacher teaches all grades K-5 ⇒ 30 minutes, 3 days/week = 90 minutes/week
- Each Elementary Classroom teacher teaches their own specific grade ⇒ 15 minutes, 2 days/week = 30 minutes/week
- Total minutes per week = 120 minutes
OR
- Physical Education teacher teaches all grades K-5 ⇒ 30 minutes, 3 days per week = 90 minutes/week
- Each Elementary Classroom teacher teachers their own specific grade ⇒ 15 minutes, 2 days/week = 30 minutes/week
- Specific Elementary Classroom teacher teaches to another class in their specific grade ⇒ 10 minutes, 3 days/week = 30 minutes/week
- Total minutes per week = 150 minutes
OR
- Each Elementary Classroom teacher teaches grades K-5; 35 minutes 3 days per week = 105 minutes/week
- Specific Elementary Classroom teacher to another class - Specific Grade; 15 minutes 3 days/week = 45 minutes/week
- Total minutes per week = 150 minutes
Yes, the Teacher Standards and Practices Commission (TSPC) adopted the Initial and Continuing system of licensure in 1999, which created "specialty subject endorsements". Physical education was identified as a specialty area, and now requires additional preparation in physical education for the teacher holding an Initial or Continuing license with a physical education specialty subject endorsement.
The Legacy Physical Education endorsement is available for those who held (or hold) a Basic or Standard teaching license with the Elementary endorsement AND have (4) year of experience teaching Physical Education in a prekindergarten through grade 8 assignment. The teaching experience must have been completed between January 1, 2011 and January 1, 2016. Contact the Teacher Standards and Practices Commission for questions.
Yes. However, a teacher whose endorsement is not in physical education may teach physical education up to 10 hours per week. This applies to all grade levels.
Students are required to have one credit of physical education in high school to graduate. See OAR 581-022-2000 for more information about diploma requirements.
Yes. The district may choose the format in which students demonstrate they meet the district performance standard. Assessments in physical education could include written tests, fitness logs maintained during classroom instruction, performance assessments, videotape of a student participating in a physical activity or other district developed or adopted assessment that aligns to the state standards.
Yes, if a school district has adopted policies to do so, a district may choose to allow a student to use non-classroom experience to meet the state and district's established performance standards. For example, a student, who is part of a sports team, may provide evidence (e.g., videotape) to the district demonstrating the student meets a part of the competency in a variety of skills and movement pattern standards (Standard 1 & 2), or a district may collaborate with the private party to support a student to meet the district performance standards. However, the student may need classroom instruction in health enhancing physical activity and fitness (Standard 3), and opportunities to demonstrate responsible personal and social behavior (Standards 4 & 5) in order to have the opportunity to meet the State Standards, and the entire district performance standard. School districts are responsible to ensure that all students meet academic content standards.
Not automatically. Instruction for students with disabilities cannot automatically be waived; rather, the IEP Team will determine the instructional program and level of participation for Physical Education. The IEP Team must specifically develop an IEP for Physical Education and the district level motor team should be included in the decision.
Yes, the Centers for Disease Control and Prevention (CDC) published a report that outlines the connections and benefits of movement and academic achievement that can be viewed at "The Association Between School-Based Physical Activity, Including Physical Education, and Academic Performance (pdf).”
Yes, national organizations including the American Heart Association, the American Cancer Society, the American Diabetes Association, the Society of Health and Physical Educators (SHAPE AMERICA), the National Association for Sport and Physical Education (NASPE), the National Association of State Boards of Education (NASBE), the Centers for Disease Control and Prevention and the Institute of Medicine recommend 150 minutes of physical education each week for children in elementary school and 225 minutes per week for middle school and high school.
Recommendations also state that at least 50 percent of class time should be spent in moderate to vigorous physical activity.
Physical education
Physical education teaches how to be wise consumers of physical activity. It is not enough to be just physically active; participants need to realize the benefits, skill techniques, training principles, values and appreciations of a physically active lifestyle. Based on a sequence of learning, physical education should not be compared to or confused with other physical activity experiences such as recess, intramurals, athletics, marching band and other recreational activities. Quality physical education programs offer learning opportunities, appropriate instruction, and meaningful and challenging pedagogical experiences for all participants.
Physical activity
Physical activity is bodily movement of any type and may include recreational, fitness, and sport activities. In fact, physical activity is almost anything that involves the muscular and skeletal systems. Physical activity should be part of a physical education class, but it can also be incorporated into other academic subject areas, including recess, and before and after school physical activity programs.
SHAPE America: Is it physical education or physical activity?
Yes, the Surgeon General of the United States recommends children should engage in 60 minutes of moderate activity most days of the week, yet estimates show that only 3.8 percent of elementary schools provide daily physical education (PE). Surgeon General
The American Heart Association (AHA) recommends Children 3-5 years old should be physically active and have plenty of opportunities to move throughout the day. Kids 6-17 years old should get at least 60 minutes per day of moderate- to vigorous-intensity physical activity, mostly aerobic. Include vigorous-intensity activity on at least 3 days per week. Include muscle- and bone-strengthening (weight-bearing) activities on at least 3 days per week. Visit American Heart Association to learn more.
The Department of Health and Human Services has issued new guidelines for physical activity (2018) that can be viewed at Centers for Disease Control and Prevention.
A Comprehensive School Physical Activity Program (CSPAP) is a multi-component approach by which school districts and schools use all opportunities for students to be physically active, meet the nationally recommended 60 minutes of physical activity each day, and develop the knowledge, skills, and confidence to be physically active for a lifetime. SHAPE America, in collaboration with the CDC, has a site dedicated to CSPAPs and their implementation that can be viewed at What is CSPAP.
During the 2009 Session, the Legislature passed Senate Bill 348 (SB348), codified as ORS 336.485 as a response to the serious issue of sports-related concussion injuries as a result of inappropriate treatment and diagnosis. This law requires individuals engaged in athletic coaching in Oregon be annually trained in recognizing the signs and symptoms of a concussion and how to seek proper medical treatment for a person suspected of having a concussion. It also requires student athletes who exhibit signs, symptoms or behaviors consistent with a concussion; or have been diagnosed with a concussion, not participate in any athletic event or training until medical release is obtained. Oregon Administrative Rule 581-022-0421 details these statutory requirements.
Making the Rule a Reality
The Oregon Department of Education partners with the Oregon School Activities Association (OSAA) and other professional, national, and community organizations to identify trainings which meet agreed upon criteria for coaching staff in Oregon schools. These trainings are available online, free of charge to coaching staff in Oregon school districts.
Concussion Management Training Courses
Currently there are two concussion management classes that satisfy the state statute for training of coaches annually: “Brain 101: The Concussion Playbook” from the Oregon Center for Applied Science (ORCAS), and the “Concussion Management Course” rom the National Federation of State High School Associations (NFHS) available through the CDC website and directly from NFHS. Both programs are FREE of charge.
Training Courses
- Brain101 When a concussion happens to a student, it’s critical that the entire school community – staff, students, and their parents – knows how to respond in ways that ensure the student’s best chance of recovery.
- National Federation of State High School Associations (NFHS) Concussion Management Course. This course highlights the impact of sports-related concussions on athletes, teaches how to recognize a suspected concussion, and provides protocols to manage a suspected concussion with steps to help players return to play safely after a concussion.
- CDC Heads Up: Concussion in HS Sports. To help coaches, parents, and athletes properly identify and respond to a concussion, the CDC, in partnership with leading experts and organizations, developed the HEADS UP: Concussion in School Sports initiative and materials.
Oregon Laws and Regulations
For detailed explanations of concussion legislation, please refer to the following laws:
- OAR 581-022-2215: Safety of School Sports – Concussions
- ORS 336.485: Concussions, Training of Coaches, Participation by Athletes, and Rules (scroll down to statute)
Resources
These resources are meant to provide athletic directors, coaches, educators, and parents with helpful information to identify signs and symptoms of a concussion. Information is provided for educational/informational purposes only. For specific medical advice, diagnoses, and treatment, consult your doctor.
- Concussion Guidance for Districts (pdf): This document provides guidance for districts on the implementation of the legislative mandates around “Safety of School Sports – Concussions.”
- Max's Law: Concussion Management Implementation Guide (pdf): Implementation guide for school administrators, revolving around the Recognize, Remove, Refer, and Return protocol.
Anabolic steroids and performance-enhancing substances (ASPES) are very serious issues among school-age children. These resources are meant to provide athletic directors, coaches, educators, and parents with helpful information to identify signs and symptoms of anabolic steroid abuse and provide prevention strategies and communication tools with adolescents.
Since 2007, ODE has responded to the very serious issue of use and abuse of anabolic steroids and performance-enhancing substances (ASPES) among school-age children through the passage of ORS 342.726.
ORS 342.726
School districts shall include information on anabolic steroids and performance-enhancing substances, including prevention strategies, strength-building alternatives, and the understanding of health food labels, in health and physical education curricula for kindergarten through grade 12 students.
The Department of Education shall ensure that school districts are utilizing evidence-based programs, such as the Oregon Health and Science University's Athletes Training and Learning to Avoid Steroids (ATLAS) and Athletes Targeting Healthy Exercise and Nutrition Alternatives (ATHENA), which have demonstrated effectiveness in reducing anabolic steroid and performance-enhancing substance use by high school athletes.
The department shall work with voluntary organizations approved to administer interscholastic activities under ORS 339.430 to require school district employees* who are coaches or athletic directors to receive training once every four years on identifying the components of anabolic steroid abuse and use and prevention strategies for the use of performance-enhancing substances.
School districts can include information on anabolic steroids and performance-enhancing substances in their annual drug and alcohol training to staff. School districts can also incorporate anabolic steroids and performance-enhancing substances into classroom drug and alcohol curriculum.
Resources
Please note this is a partial listing, and inclusion of external web links does not imply endorsement of either the reliability of the information presented or its suitability for a particular age group or grade level.
General Information
- Slang - Street Names for ASPESs (pdf): Learn about alternative names for ASPESs that you may hear.
- Myths (pdf): A not-inclusive list of some of the myths surrounding Steroids and Performance-enhancing substances and their use.
- Supplemental Articles (pdf): List of links that were provided to the advisory group regarding ASPESs.
Information for Coaches, Athletic Directors, and Educators
- Healthy Kids Learn Better - Steroid Use Among Oregon Youth - 2008 (pdf): A report from Healthy Kids Learn Better and the Department of Human Services using the 2008 Oregon Healthy Teen Survey.
- Informational Links for Coaches, Athletic Directors, and Educators (pdf): Links that serve as resources for talking to teen athletes.
Information for Parents
- Talking to Students and Children about Steroids (pdf): Information from Healthy Competition Tennessee – Blue Cross/Blue Shield of Tennessee.
- Informational Links for Parents: Links that serve as resources for talking to your teens.
Oregon Laws and Regulations
- OAR 581-022-0413: Prevention Education in Drugs and Alcohol
- OAR 581-022-2210: Anabolic Steroids and Performance-Enhancing Substances
- ORS 342.721, ORS 342.723, ORS 342.726: Steroids and Performance-Enhancing Substances (scroll down to statutes)
- Memorandum No. 055-2008-09 (pdf): Information and Training on ASPESs
Sample Policy
- OSBA Sample Policy (pdf): Oregon School Boards Association Sample ASPES Policy
Historical Documents
- 2007 Senate Bill 517 (pdf)
- 2008 Senate Bill 1066 (pdf)
Program Links
The ATLAS and ATHENA program info is available at the OHSU High School Athlete Program.
- ATLAS (Athletes Training and Learning to Avoid Steroids): A scientifically proven program for male athletes that provides healthy sports nutrition and strength-training alternatives.
- ATHENA (Athletes Targeting Healthy Exercise and Nutrition Alternatives): A scientifically proven program for female athletes. It is an interactive connection between young women in sports, disordered eating behaviors, and body shaping drug use. It is easy to implement by coaches during the sport season
For additional information on these programs, call (503) 418-4166, or email [email protected].
Training
ODE developed a PowerPoint training with an assessment component which will demonstrate knowledge and awareness in reducing anabolic steroid and performance-enhancing substance use by school-age children. School districts may also utilize programs such as the Oregon Health and Science University’s Athletes Training and Learning to Avoid Steroids (ATLAS) and Athletes Targeting Healthy Exercise and Nutrition Alternatives (ATHENA).
It is required of all school district employees* who are coaches or athletics directors to receive training once every four years on identifying the components of anabolic steroid abuse and use and prevention strategies for the use of performance-enhancing substances.
*ORS 342.721 (3) School district employee means: (a) An administrator, teacher or other person employed by a school district; (b) A person who volunteers for a school district; and a person who is performing services on behalf of a school district pursuant to a contract.
The assessment is required once every four years. If the employee changes school districts, the employee must provide the new school district with a copy of the “Notification of Completion”.
NOTE: The training does NOT produce an automated response, however, at the end of the assessment, a page is provided to be printed as the Notification of Completion. Be prepared at the start of the assessment to print the Notification of Completion.
Training PDF (pdf): This is the training required for all coaches and athletic directors by ORS 342.726. NOTE: This training does not produce an automated response, however, the assessment will provide a page at the end to be printed as your notification of completion.
Assessment: The assessment is required in order to receive a certificate of completion. NOTE: The final page of the assessment will need to be printed for the Notification of Completion, so be prepared at the start of the assessment to print the Notification. All fields must be completed in the survey or your results may not be valid.
An automated external defibrillator (AED) is a portable electronic device that analyzes cardiac rhythm and prompts a user to deliver a shock when necessary. Its purpose is to jolt abnormal heart rhythm, such as ventricular fibrillation, back to normal sinus rhythm.
In 2005, the Oregon Legislature passed ORS 327.364 The goal of the grant program was to provide automated external defibrillators in at least two public school facilities in each school district. This bill authorized the Oregon Department of Education to seek funds and assistance from the United States Government and its agencies, or from any other source, public or private, for the establishment of a grant program. This law also contains a Good Samaritan clause which protects well-intentioned citizens using an AED in aid of another from potential lawsuits from any resulting injury. This law also recognizes that AEDs require ongoing maintenance, training, signage, and 9-1-1- policy.
During the 2010 Special Session, the Legislature passed ORS 339.345. This bill requires each school campus to have at least one automated external defibrillator (AED) on premises. Compliance is required on or before January 1, 2015
Resources
- American Heart Association (AHA): The AHA offers a broad spectrum of high-quality resources that districts may use in support of school AED programs.
- MomsTeam: This parent-based support and advocacy organization website focuses on school athletics and AED program funding information.
- OSBA Selected Sample Policy (docx): Oregon School Board Association Sample AED Policy
- AED Frequently Asked Questions (pdf): This document, prepared by ODE, will be updated as needed.
- Additional Information (pdf): More information regarding AEDs in schools.