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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6279 March 18, 1985 SCHOOLS & SCHOOL DISTRICTS: Physical education course The Legislature has not mandated the board of education of a school district which provides and requires physically fit students to take a physical education course in grades K-6, to offer and require physically fit students to take a physical education course in grades 7-12. In the exercise of sound discretion, a board of education of a school district may offer a physical education course throughout grades K-6 and 7-12. Honorable Mary C. Brown State Representative The Capitol Lansing, Michigan Honorable Robert A. Welborn State Senator The Capitol Lansing, Michigan You have requested my opinion on the following question: 'Assuming a school district offers a meaningful program of required physical education in grades K-6, and requires physically fit students to participate in same, should Section 1502 of the 1976 School Code (Public Act No. 451, 1976) be interpreted to mean that physical education must also be a required course in any of the grades 7-12?' The boards of education of school districts are given the authority under MCL 380.1282; MSA 15.41282 to: '. . . establish and carry on the grades, schools and departments it deems necessary or desirable for the maintenance and improvement of the schools, determine the courses of study to be pursued, and cause the pupils attending school in the district to be taught in the schools or departments the board deems expedient.' MCL 380.1502; MSA 15.41502, provides: 'Health and physical education for pupils of both sexes shall be established and provided in all public schools of this state. Every pupil attending public schools of this state so far as the pupil is physically fit and capable of doing so shall take the course in physical education.' (Emphasis added.) It is also necessary to consider MCL 380.1503; MSA 15.41503, which provides: '(1) The board of a school district having a pupil membership of more than 1,000 shall engage qualified instructors and provide the necessary places and equipment for instruction and training in health and physical education. Other boards of education may make provisions for health education and physical education. '(2) This section shall not be construed to authorize compulsory physical examination or compulsory medical treatment of pupils. '(3) A school district offering a course in health education of physical education shall engage qualified instructors for the instruction.' Reading the last two sections together, it is clear that physically fit and capable pupils are required to take a course in physical education offered by the public school district. A school district having a pupil membership of more than 1,000 must engage qualified instructors and provide the necessary places and equipment for instruction and training in health and physical education. Other boards may make provisions for such instruction. Neither MCL 380.1502; MSA 15.41502, nor MCL 380.1503; MSA 15.41503, expressly mandate that a school district, regardless of the total number of its pupils, provide a physical education course in both grades K-6 and grades 7-12 each year for each physically able pupil. Further, in the State School Aid Act of 1979, MCL 388.1621; MSA 15.1919(921), as last amended by 1984 PA 239, the Legislature has, in part, provided: 'An additional $28.00 per pupil in gross allowance shall be allocated to any district that makes available for its pupils in grades 9 to 12 all of the following: '(A) Six classes, each consisting of 50 minutes of classroom instruction or a total of not less than 300 minutes of classroom instruction. This subdivion does not apply to pupils in grade 9 who do not attend classes in the same building as pupils in grades 10 through 12. '(B) Four years of English. '(C) Three years of mathematics. '(D) Three years of science. '(E) Three years of social studies. '(F) Two years of a foreign language, fine or performing arts, or vocational education or practical arts, or any combination thereof. '(G) One year of health, physical education, or both. '(H) Beginning in 1985-86, a 1/2 year of computer education.' (Emphasis supplied.) The above quoted statutory language demonstrates a legislative understanding that school districts are not compelled to offer a required physical education course each year in every grade for all physically able pupils. By offering the incentive of $28.00 per pupil in gross allowance, school districts are encouraged to provide, inter alia, one year of health, physical education, or both to pupils in grades 9 to 12. It should be noted that the Legislature has, in addition to courses in health education and physical education, required school districts to provide certain other courses, such as the constitutional history of the United States, Michigan history, government, civics, communicable diseases, and physiology. MCL 380.1166; MSA 15.41166--MCL 380.1171; MSA 15.41171. Unlike MCL 380.1166; MSA 15.41166, which mandates the required course in government to begin not later than the opening of the eighth grade or in the ninth grade in a school district maintaining a junior high school, and subsection (2) thereof, which compels a course in civics in high school as a condition to graduation, MCL 380.1502; MSA 15.41502, MCL 380.1503; MSA 15.41503, and MCL 380.1166; MSA 15.41166-MCL 380.1171; MSA 15.41171, by failing to specify in what grades such required courses must be offered, authorize a board of education to exercise its discretion in determining in what grade the other required courses, including health education and physical education, must be taken. It is my opinion, therefore, that the Legislature has not mandated the board of education of a school district which provides and requires physically fit students to take a physical education course in grades K-6, to offer and require physically fit students to take a physical education course in grades 7-12. It is my further opinion, that in the exercise of sound discretion, a board of education of a school district may offer a physical education course throughout grades K-6 and 7-12. Frank J. Kelley Attorney General
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