Code of the District of Columbia

Subchapter IV. Physical and Health Education.


§ 38–824.01. Physical activity goals.

(a) It shall be the goal of the District of Columbia for children to engage in physical activity for at least 60 minutes each day or for the time period recommended for specific age groups in § 38-824.02.

(b) Public schools and public charter schools shall promote this goal.

(c) Public schools and public charter schools shall seek to maximize physical activity by means including:

(1) Extending the school day;

(2) Encouraging students to walk or bike to school;

(3) Promoting active recess;

(4) Including physical activity in before-school and after-school activities;

(5) Supporting athletic programs;

(6) Integrating movement into classroom instruction and classroom instructional breaks;

(7) Entering into shared-use agreements with organizations that provide physical activity programming for children outside of the normal school day; and

(8) Using physical activity as a reward for student achievement and good behavior.


(July 27, 2010, D.C. Law 18-209, § 401, 57 DCR 4779; Mar. 13, 2019, D.C. Law 22-240, § 2(o), 66 DCR 912; Sept. 11, 2019, D.C. Law 23-16, § 7160, 66 DCR 8621.)

Applicability

Applicability of D.C. Law 22-240: § 7160 of D.C. Law 23-16 repealed § 3 of D.C. Law 22-240. Therefore the amendment of this section by D.C. Law 22-240 has been implemented.

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(o) of D.C. Law 22-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of applicability provision of D.C. Law 22-240, see § 7160 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) repeal of applicability provision of D.C. Law 22-240, see § 7160 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).


§ 38–824.02. Physical and health education requirements.

(a) Public schools and public charter schools shall schedule physical education classes for all students on a weekly basis, and recess for all students on a daily basis, throughout the school year as follows:

(1)(A) For students in grades kindergarten through 5, it shall be the goal of all schools to provide an average of 150 minutes of physical education per week, and at least one recess of at least 20 minutes per day.

(B) A school that provides less than an average of 90 minutes per week of physical education in a school year for students in grades kindergarten through 5 shall submit an action plan to the Office of the State Superintendent of Education detailing efforts it will take to increase physical education before the beginning of the next school year and shall work with the Office of the State Superintendent of Education to increase the amount of time provided for physical education each week.

(2)(A) For students in grades 6 through 8, it shall be the goal of all schools to provide an average of 225 minutes of physical education per week, and at least one recess of at least 20 minutes per day.

(B) A school that provides less than an average of 135 minutes per week of physical education in a school year for students in grades 6 through 8 shall submit an action plan to the Office of the State Superintendent of Education detailing efforts it will take to increase physical education before the beginning of the next school year and shall work with the Office of the State Superintendent of Education to increase the amount of time provided for physical education each week.

(a-1)(1) For students in Pre-K 3 and Pre-K 4, public schools and public charter schools shall:

(A) Provide an average of 60 minutes of moderate-to-vigorous physical activity per day;

(B) Set a goal of providing an average of 90 minutes of physical activity per day; and

(C) Provide at least 2 20-minute sessions of outdoor physical activity per day, weather and space permitting, which may count toward the 60 minutes of physical activity per day requirement.

(2) A school that provides less than an average of 60 minutes per day of physical activity in a school year shall submit an action plan to the Office of the State Superintendent of Education detailing efforts it will take to increase physical activity before the beginning of the next school year and shall work with the Office of the State Superintendent of Education to increase the amount of time provided for physical activity each week.

(b) Public schools and public charter schools shall provide health education to students in Grades Kindergarten through 8 as follows:

(1) School years 2010-2011 to 2013-2014: an average of at least 15 minutes per week or the same level of health education as provided in school year 2009-2010, whichever is greater; and

(2) School year 2014-2015 and after: an average of at least 75 minutes per week;

(b-1) Public schools and public charter schools shall provide instruction in cardiopulmonary resuscitation to students in Grades 9 through 12 as follows:

(1) Beginning with the 2016-2017 school year, instruction in cardiopulmonary resuscitation shall be included in at least one health class necessary for graduation.

(2) The instruction required by this subsection shall:

(A) Be an instructional program developed by the American Heart Association or the American Red Cross or be nationally recognized and based on the most current national evidence-based emergency cardiovascular care guidelines for cardiopulmonary resuscitation;

(B) Include appropriate use of an automated external defibrillator, which may be taught by video; and

(C) Incorporate hands-on practice in addition to cognitive learning.

(3) The instruction required by this section may be provided by the public school or charter school directly or the public school or charter school may arrange for the instruction to be provided by available community-based providers.

(4) The instruction required by this subsection is not required to be provided by a teacher.

(5) A teacher providing the instruction under this subsection is not required to be a certified trainer of cardiopulmonary resuscitation.

(6) A student is not required to earn certification in cardiopulmonary resuscitation to successfully complete the instruction for the purposes of this subsection.

(7) The instruction offered by the Fire and Emergency Medical Services Department pursuant to § 5-401(b-1), shall be deemed to meet the requirements of this subsection.

(b-2)(1)(A) Beginning in the 2019-2020 school year, as part of the health curriculum for students in Kindergarten through Grade 12, public schools and public charter schools shall provide age- and developmentally-appropriate, evidence-based culturally responsive instruction on:

(i) Recognizing and reporting sexual misconduct and child abuse;

(ii) Setting and respecting appropriate personal and body boundaries and privacy rules;

(iii) Communicating with adults about concerns regarding body boundaries or privacy violations;

(iv) The meaning of consent;

(v) Developing and maintaining healthy relationships; and

(vi) Other appropriate topics to support the healthy development of students.

(B) The Office of the State Superintendent for Education shall update the District's health education standards to reflect the requirements of subparagraph (A) of this subsection and shall make available a list of curricula or a curriculum guide that public schools or public charter schools may use to fulfill the requirements of subparagraph (A) of this subsection.

(2) For the purposes of this subsection, the term:

(A) "Consent" means words or overt actions indicating a freely given agreement to a physical act or contact within the course of an interpersonal relationship. Consent to a physical act or contact may be initially given but withdrawn at any time. Lack of verbal or physical resistance or submission by the victim due to his or her mental or physical incapacitation or impairment, or the use of force, threats, or coercion shall not constitute consent. Past words or actions indicating freely given agreement to a past physical act or contact shall not constitute consent to a future physical act or contact.

(B) "Health education standards" means the specific learning requirements related to health that the Office of the State Superintendent of Education requires students to learn at each academic level, from Kindergarten through Grade 12.

(c) The Healthy Youth and Schools Commission, with assistance from the Office of the State Superintendent of Education, shall consider ways to expand physical education in high schools.

(d) The physical education and health education required by this section shall meet the curricular standards adopted by the State Board of Education.


(July 27, 2010, D.C. Law 18-209, § 402, 57 DCR 4779; Oct. 8, 2016, D.C. Law 21-160, § 3145, 63 DCR 10775; Mar. 13, 2019, D.C. Law 22-240, § 2(p), 66 DCR 912; Apr. 11, 2019, D.C. Law 22-294, § 403, 66 DCR 1707; Sept. 11, 2019, D.C. Law 23-16, § 7160, 66 DCR 8621.)

Section References

This section is referenced in § 38-821.02.

Applicability

Applicability of D.C. Law 22-294: § 7170 of D.C. Law 23-16 repealed § 501 of D.C. Law 22-294 removing the applicability restriction impacting this section. Therefore the creation of subsection (b-2) of this section by D.C. Law 22-294 has been given effect.

Applicability of D.C. Law 22-240: § 7160 of D.C. Law 23-16 repealed § 3 of D.C. Law 22-240. Therefore the amendment of this section by D.C. Law 22-240 has been implemented.

Applicability of D.C. Law 22-294: § 501 of D.C. Law 22-294 provided that the creation of subsection (b-2) this section by § 403 of D.C. Law 22-294 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(p) of D.C. Law 22-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of applicability provision of D.C. Law 22-240, see § 7160 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) repeal of applicability provision of D.C. Law 22-240, see § 7160 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 day) addition of section, see § 4062(i) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) addition of section, see § 4062(i) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).


§ 38–824.02a. Interscholastic athletics plan. [Repealed]

Repealed.


(July 27, 2010, D.C. Law 18-209, § 402a; as added Sept. 20, 2012, D.C. Law 19-168, § 4062(i), 59 DCR 8025; Mar. 13, 2019, D.C. Law 22-240, § 2(q), 66 DCR 912; Sept. 11, 2019, D.C. Law 23-16, § 7160, 66 DCR 8621.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-168 added this section.

Applicability

Applicability of D.C. Law 22-240: § 7160 of D.C. Law 23-16 repealed § 3 of D.C. Law 22-240. Therefore the repeal of this section by D.C. Law 22-240 has been implemented.

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the repeal this section by § 2(q) of D.C. Law 22-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of applicability provision of D.C. Law 22-240, see § 7160 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) repeal of applicability provision of D.C. Law 22-240, see § 7160 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary addition of section, see § 4062(i) of the Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290), applicable as of June 20, 2012.

Editor's Notes

Section 4063 of D.C. Law 19-168 provided that § 4062 of the act shall apply as of June 20, 2012.


§ 38–824.03. Additional requirements.

(a) A student with disabilities shall have suitably adapted physical education incorporated as part of the individualized education program developed for the student. Public schools and public charter schools shall provide suitably adapted physical education or supplementary aids for any other student with special needs that preclude the student from participating in regular physical education instruction, as required by section 504 of the Rehabilitation Act of 1973, approved September 26, 1973 (87 Stat. 394; 29 U.S.C. § 794).

(b) Requiring or withholding physical activity shall not be used to punish students; provided, that students who are not wearing appropriate athletic clothing may be prohibited from participating in physical activity until properly dressed.

(c) The Office of the State Superintendent of Education shall provide and coordinate annual professional-development sessions for school personnel, provided by a certified instructor and based on nationally recognized standards, related to incorporating physical activity into classroom instruction, classroom instruction breaks, and active recess.


(July 27, 2010, D.C. Law 18-209, § 403, 57 DCR 4779; Mar. 13, 2019, D.C. Law 22-240, § 2(r), 66 DCR 912; Sept. 11, 2019, D.C. Law 23-16, § 7160, 66 DCR 8621.)

Applicability

Applicability of D.C. Law 22-240: § 7160 of D.C. Law 23-16 repealed § 3 of D.C. Law 22-240. Therefore the amendment of this section by D.C. Law 22-240 has been implemented.

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(r) of D.C. Law 22-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of applicability provision of D.C. Law 22-240, see § 7160 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) repeal of applicability provision of D.C. Law 22-240, see § 7160 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).


§ 38–824.04. Access to public facilities.

The Department of Parks and Recreation shall provide equal access and shall charge equal fees to both public schools and public charter schools for the use of its recreation centers, fields, playgrounds, and other facilities.


(July 27, 2010, D.C. Law 18-209, § 404, 57 DCR 4779.)


§ 38–824.05. Mandatory reporting.

Beginning in 2020, and biennially thereafter, the Office of the State Superintendent shall include information regarding the following in the report required pursuant to § 38-823.03:

(1) Compliance of public schools and public charter schools with the health education and physical education and activity requirements in this subchapter; and

(2) Student achievement with respect to health and physical education and activity standards.


(July 27, 2010, D.C. Law 18-209, § 405, 57 DCR 4779; Mar. 13, 2019, D.C. Law 22-240, § 2(s), 66 DCR 912; Sept. 11, 2019, D.C. Law 23-16, § 7160, 66 DCR 8621.)

Applicability

Applicability of D.C. Law 22-240: § 7160 of D.C. Law 23-16 repealed § 3 of D.C. Law 22-240. Therefore the amendment of this section by D.C. Law 22-240 has been implemented.

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(s) of D.C. Law 22-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of applicability provision of D.C. Law 22-240, see § 7160 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) repeal of applicability provision of D.C. Law 22-240, see § 7160 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).