2019 Arkansas Code
Title 6 - Education
Subtitle 2 - Elementary and Secondary Education Generally
Chapter 16 - Curriculum
Subchapter 1 - General Provisions
§ 6-16-137. Physical Education Credit for Physical Activity Courses - Definitions

(a) For the purposes of this section:

• (1) “Content standards” means those curriculum course content standards identified and set out in the Division of Elementary and Secondary Education curriculum frameworks;

• (2) “Curriculum frameworks” means those content-specific requirements identified and mandated pursuant to § 6-15-1501 [repealed] and § 6-15-1502 et seq. and the Standards for Accreditation of Arkansas Public Schools and School Districts;

• (3) “Organized physical activity course” means a school course that:

  • (A) Is taught by an instructor who is licensed or qualified in physical education pursuant to the rules of the State Board of Education; and

  • (B) Involves body movement produced by skeletal muscles resulting in energy expenditures through organized group or class activities; and

• (4) “Statement of assurance” means a written statement to be filed by the superintendent or chief academic officer with the Division of Elementary and Secondary Education by October 1 of each school year that ensures that the organized physical activity course is in compliance with the physical education course content standards and curriculum frameworks as required pursuant to § 6-15-1505 and subdivision (b)(2) of this section.

(b) Beginning in the 2005-2006 school year, a student in grades nine through twelve (9-12) participating in and successfully completing an organized physical activity course in his or her school shall be eligible to receive one-half (½) unit of physical education credit required for graduation if:

• (1) The organized physical activity course is aligned to the division's physical education course content standards and curriculum frameworks; and

• (2) The organized physical activity course is verified by the superintendent of the school district or the chief administrative officer of an open-enrollment charter school who files a written statement of assurance with the division by October 1 of the school year as required under § 6-15-1505 stating that:

  • (A) The instructor of the organized physical activity course is licensed or qualified in physical education pursuant to the rules of the state board;

  • (B) The organized physical activity course is aligned to the division's physical education course content standards and curriculum frameworks; and

  • (C) The organized physical activity course is subject to the provisions of § 6-18-501 et seq.

(c) A student is limited to only the one-half (½) unit of physical education credit for graduation for the organized physical activity course, and the student shall not be allowed any other credit toward graduation for that same course.

(d) A student must complete the entire semester and pass the physical activity course to receive the one-half (½) unit of physical education credit required for graduation.

(e) The organized physical activity course shall take place during the regular school day to qualify for physical education credit, except for those organized physical activity courses outside the regular school day that are listed on the school district's master schedule.

(f)

• (1) If it is determined by the division that any organized physical activity course allowed to be used for physical education credit by a student does not meet the division's physical education course content standards and curriculum frameworks, as required under this section, the school district or open-enrollment charter school may be cited or placed in probationary violation of the Standards for Accreditation of Arkansas Public Schools and School Districts under The Quality Education Act of 2003, § 6-15-201 et seq.

• (2) If it is determined by the division that a superintendent or chief academic officer or any other licensed personnel have knowingly provided false or misleading information in the statement of assurance required under this section, the state board may take appropriate action on the license of that individual pursuant to § 6-17-410.

(g) The division is authorized to monitor, review documentation, request information, or require additional reports from public schools, school districts, open-enrollment charter schools, or school personnel to enforce compliance with the requirements of this section.

(h) Notwithstanding the provisions of this section, it is recognized that organized physical activity courses as set forth under subsection (b) of this section are not a requirement for an adequate education and shall not be considered a core academic requirement of the State of Arkansas or of public school districts.

(i) The state board may promulgate rules necessary to implement this section.