2005 California Education Code Sections 51240-51246 Article 4. Exemptions from Requirements

EDUCATION CODE
SECTION 51240-51246

51240.  (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.
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) 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, grant the pupil exemption from courses in physical
education for two years any time during grades 10 to 12, inclusive.
   (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 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.
   (d) A pupil exempted under subdivision (b) or paragraph (1) of
subdivision (c) may not be permitted to 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 administer to pupils in grades 10 to 12, inclusive, the
physical performance test required in 9th grade pursuant to Section
60800.
   (f) This section shall remain in effect only until June 30, 2007,
and as of that date is repealed, unless a later enacted statute, that
is enacted before June 30, 2007, deletes or extends that date.
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, 51220, 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 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.
   (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.
51242.  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.  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 through 12, inclusive,
to courses in foreign languages in private schools on the basis of
their being at least equivalent to those which would be required for
the student in a foreign language class in the same grade level in
the public schools.  The State Board of Education shall adopt rules
and regulations prescribing standards and conditions pursuant to
which credit shall be given for those purposes to students in the
public schools who have successfully completed foreign language
studies in private schools.
51244.  The provisions of Section 51243 giving credit for foreign
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 such other languages as the
State Board of Education shall designate.
51245.  For purposes of the credit which may be given pursuant to
Sections 51243 and 51244 for foreign language courses undertaken in
private schools, it shall not be required that instructors in the
private schools be regularly credentialed teachers.
51246.  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.


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