Article 4 - Exemptions from Requirements

California Education Code — §§ 51240-51246

Sections (8)

Added by Stats. 2004, Ch. 896, Sec. 49. Effective September 29, 2004. Note: Similar provisions were in the previous Section 51240, which was enacted by Stats. 1976, Ch. 1010, and repealed by Stats. 2003, Ch. 650.

(a)If any part of a school’s instruction in health conflicts with the religious training and beliefs of a parent or guardian of a pupil, the pupil, upon written request of the parent or guardian, shall be excused from the part of the instruction that conflicts with the religious training and beliefs.

(b)For purposes of this section, “religious training and beliefs” includes personal moral convictions.

§ 51240.5

Added by Stats. 2024, Ch. 960, Sec. 1. (AB 2377) Effective January 1, 2025.

(a)A pupil in kindergarten or any of grades 1 to 12, inclusive, shall be granted an accommodation in connection with any physical activity components of a physical education course during a period of religious fasting upon the submission to the school principal of written notification from the pupil’s parent or guardian, if the pupil is less than 18 years of age, or from the pupil, if the pupil is 18 years of age or older, that the pupil is participating in religious fasting.

(b)For purposes of

calculating compliance with the instructional time requirements of paragraph (7) of subdivision (a) of Section 51210, subdivision (a) of Section 51222, and subdivision (a) of Section 51223, a pupil shall be credited with instructional time for any time for which the pupil was granted an accommodation in connection with engaging in physical activity components pursuant to this section, upon completion of alternative assignments or activities by the pupil.

§ 51241

Amended (as amended by Stats. 2008, Ch. 32) by Stats. 2009, Ch. 140, Sec. 56. (AB 1164) Effective January 1, 2010.

(a)The governing board of a school district or the office of the county superintendent of schools of a county may grant a 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, with the consent of a pupil, may grant a pupil an exemption

from courses in physical education for two years anytime during grades 10 to 12, inclusive, if the pupil has met satisfactorily at least five of the six standards of the physical performance test administered in grade 9 pursuant to Section 60800.

(2)Pursuant to Sections 51210, 51220, and 51222, physical education is required to be offered to all pupils, and, therefore, schools are 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 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 grade 10 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 Article 24 (commencing with Section 880) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code.

(d)A pupil exempted under paragraph (1) of subdivision (b) or paragraph (1) of subdivision (c) shall 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 also may administer to pupils in grades 10 to 12, inclusive, the physical performance test required in grade 9 pursuant to Section 60800. A pupil who meets satisfactorily at least five of the six standards of this physical performance test in any of grades 10 to 12, inclusive, is eligible for an exemption pursuant to subdivision

(b).

§ 51242

Enacted by Stats. 1976, Ch. 1010.

The governing board of a school district may exempt any four-year or senior high school pupil from attending courses of physical education, if the pupil is engaged in a regular school-sponsored interscholastic athletic program carried on wholly or partially after regular school hours.

§ 51243

Amended by Stats. 2018, Ch. 865, Sec. 19. (AB 2319) Effective January 1, 2019.

Credit shall be given for purposes of the course of study requirements prescribed by school district governing boards or other authorities having jurisdiction for grades 9 to 12, inclusive, to courses in world languages in private schools on the basis of their being at least equivalent to those that would be required for the pupil in a world language class in the same grade level in the public schools. The state board shall adopt rules and regulations prescribing standards and conditions pursuant to which credit shall be given for those purposes to pupils in the public schools who have successfully completed world language studies in private schools.

§ 51244

Amended by Stats. 2018, Ch. 865, Sec. 20. (AB 2319) Effective January 1, 2019.

The provisions of Section 51243 giving credit for world language courses given in private schools shall apply to courses in the following languages: Chinese, French, German, Greek (classical and modern), Hebrew (classical and modern), Italian, Japanese, Jewish, Latin, Spanish, and Russian, and other languages as the state board shall designate.

§ 51245

Amended by Stats. 2018, Ch. 865, Sec. 21. (AB 2319) Effective January 1, 2019.

For purposes of the credit that may be given pursuant to Sections 51243 and 51244 for world language courses undertaken in private schools, it shall not be required that instructors in the private schools be regularly credentialed teachers.

§ 51246

Enacted by Stats. 1976, Ch. 1010.

The governing board of a school district may exempt any pupil enrolled in his last semester or quarter, as the case may be, of the 12th grade who, pursuant to Section 46145 or 46147, is permitted to attend school less than 240 or 180 minutes per day, from attending courses of physical education; provided, however, that such pupil may not be exempted pursuant to this section from attending courses of physical education if such pupil would, after such exemption, attend school for 240 minutes or more per day.