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PE Laws and Regulations

Physical Education Supports Academic Success and Social and Emotional Well-Being

Physical education (PE) is an important component of a well-rounded education; PE develops life skills that encourage students to be active for life, while positively impacting students' physical, mental, social and emotional health.

The instructional time requirements for PE were originally passed in 2007 to provide equitable opportunities for all students to learn motor skills and benefit from the physical, cognitive and social benefits gained in PE. The statute was revised in 2017 to provide a phase in period, with full implementation at all grades K-8 to be achieved by the 2022-23 school year. During the 2023 legislative session House Bill 3199 amended ORS 329.496 Physical Education requirements, and ORS 329.498 Data related to physical education data reporting requirements, effective July 1, 2023. While the minutes requirements were reduced for grades 6-8, the K-5 requirements remain unchanged.

Both the Division 22 OARs relative to Physical Education (581-022-2263 PE Requirements and 581-022-2265 Report on PE Data) will be updated in the fall to reflect the revised statute, and will include prorated minute requirements for schools with a four-day week, and other circumstances related to school closures.

The following outlines the required amount of physical education minutes students shall receive for grades K-8 in the 2023-2024 school year, and who can teach minutes.

Grades K-5 (6)

150 minutes per week

Every week for the entire school year

Licensed Physical Education teachers and/or Multiple Subject endorsed Elementary teachers

Grades 6-8

An average of 150 minutes during each school week

Calculated over the duration of the school year

Only licensed Physical Education teachers

  • School districts and public charter schools shall offer instruction in physical education that meets the academic content standards for physical education adopted by the State Board of Education under ORS 329.045. The instruction shall be a sequential, developmentally appropriate curriculumn that is designed, implemented and evaluated to help students develop knowledge, motor skills, attitudes and confidence needed to adopt and maintain physical activity throughout their lives.
  • School districts and public charter schools shall devote at least 50 percent of physical education class time to actual physical activity in each school week, with as much class time as possible spent in moderate physical activity.

Division 22 Resources: Physical Education (PE) Requirements Adjusted Timeline Information

Physical Education Laws

Search through a list of Oregon Revised Statutes (ORS) and Oregon Administrative Rules (OAR) regarding physical education requirements, reporting, and funding.

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.​

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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.​

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A Standard Education for Oregon students includes common knowledge and skills associated with physical education.​

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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.​

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During the 2023 legislative session House Bill 3199 amended ORS 329.496 Physical Education Requirements, and ORS 329.498 Data related to physical education data reporting requirements, effective July 1, 2023. ​While the minutes requirements were reduced for grades 6-8 (average of 150 minutes per week over the school year), the K-5 requirements remain unchanged (150 minutes per week for the entire school year).

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.​

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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.​

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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.​

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Meeting Physical Education Minutes

During the 2023 legislative session House Bill 3199 amended ORS 329.496 Physical Education requirements, and ORS 329.498 Data related to physical educaiton data reporting requirements, effective July 1, 2023.

​The instructional time requirements for PE were originally passed in 2007 to provide equitable opportunities for all students to learn motor skills and benefit from the physical, cognitive and social benefits gained in PE. The statute was revised in 2017 to provide a phase in period, with full implementation at all grades K-8 to be achieved by the 2022-2023 school year. During the 2023 legislative session House Bill 3199 ​​amended ORS 329.496 Physical Education requirements, and ORS 329.498 Data related to physical education data reporting requirements, effective July 1, 2023. ​While the minutes requirements were reduced for grades 6-8 (average of 150 minutes per week over the school year), the K-5 requirements remain unchanged (150 minutes per week for the entire school year).

​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​.

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​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 at the Elementary level (K-5(6):

  • 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 Elementary 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 Elementary 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.

Typical PE Delivery Scenarios: Elementary (Grades K-5(6))

Scenario 1 (Ideal)​

  • Licensed PE teacher serves all students for 150 minutes/week for entire school year
  • Instruction is aligned with Oregon's PE standards and grade level outcomes
  • Delivered as part of a sequential, developmentally appropriate curriculum​

Scenario 2 

  • Clasroom teachers serve all students for 150 min/week for the entire school year
  • Instruction is aligned with Oregon's PE standards and grade level outcomes
  • Delivered as part of a sequential, developmentally appropriate curriculum
  • Classroom teachers engage in PE professional development and utilize state-adopted, standard-aligned materials to ensure students meet PE outcomes

Scenario 3

  • ​​​Maximize time with a Licensed PE Teacher and combine with PE instruction by classroom teachers for a total of 150 min/week for the entire school year
  • PE instruction provided by multiple-subject endorsed teachers in this scenario may incorporate classroom based programs (e.g. BEPA 2.0), as long as activities:
    • have been reviewed by a licensed teacher with a PE endorsement
    • Recommended: Licensed PE teacher works with classroom teachers to align to PE scope and sequence

Sample Schedules: Middle School (Grades 6-8)*Must be taught by a licensed Physical Education teacher

PE All Year Long

45 minute classes x 5 days/week = 225 minutes per week

50 minute classes x 3 days/week = 150 minutes per week

PE for 2 out of 3 Trimesters

50 minutes x 5 days = 250 minutes x 24 weeks = 6,000 divided by 36 weeks in the school year = 167 average minutes per week

PE for 3 out of 4 Quarters

45 minutes x 5 days = 226 x 27 weeks = 6,075 divided by 36 = 169 average minutes per week

*Formula for calculating average number of minutes per week over the entire school year for grades 6-8:

​Number of PE minutes per week x number of weeks students are required to participate in PE divided by total number of weeks in the school year = average number of PE minutes all students participate in PE.


NOTE:

  • Despite the options available, it is best practice to have a PE teacher with a PE endorsement teaching physical education.
  • Middle School and High School Physical Education must be taught by a licensed Physical Education instructor. 

​To find programs and resources that can help your school reach PE requirements, see the Physical Education Toolkit​.​​​

Frequently Asked Questions

Click on each question to find answers about physical education minutes, reporting, graduation requirements, research, and more.

​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.

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. 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.

​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.

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​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 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
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​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.

​Both of the Division 22 OARs relative to Physical Education (581-022-2263 PE Requirements and 581-022-2265 Report on PE Data) will be updated in the fall to reflect the revised statute, and will include prorated minute requirements for schools with a four-day week, and other circumstances related to school closures.

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.

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.

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​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 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).​

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.

See also, 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).

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.

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​.

Concussions, Performance-enhancing Substances, and AEDs

Discover policies and support on topics related to physical activity and health, including concussions, steroids, and AED’s.

​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.

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​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

Information for Coaches, Athletic Directors and Educators

Information for Parents

Oregon Laws and Regulations

Sample Policy

Historical Documents

Program Links

OHSU: The ATLAS and ATHENA program links are available from this website.

For additional information on these programs, call (503) 418-4166, or email CHPR OHSU.

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.

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​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

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