7.01 The physical education and physical activity requirements for every public school are:

7.01.1 Except as provided in Section 7.01.2 of these rules, for students in grades kindergarten through six (K-6):

7.01.1.1 At least forty (40) minutes, as determined by the superintendent of the school district, of physical education training and instruction each calendar week of the school year; and

7.01.1.2 Ninety (90) minutes of physical activity each calendar week of the school year, which may include without limitation daily recess, physical education instruction in addition to the requirement of Section 7.01.1.1 of these rules, or intramural sports;

7.01.2 For students in grades five through eight (5-8) who attend a public school organized to teach grades 5-8 or any combination thereof, at least forty (40) minutes, as determined by the superintendent of the school district, of physical education training and instruction each calendar week of the school year or an equivalent amount of time in each school year, with no additional requirement for physical activity; and

7.01.3 For students in grades nine through twelve (9-12) one-half (1/2) unit of physical education as required for high school graduation, with no additional requirement for physical activity.

7.02 Nothing in these rules prohibits:

7.02.1 A public school student's elective enrollment or voluntary participation in physical activity or physical education as a part of public school curriculum or extra-curricular activities; or

7.02.2 A school district's decision to require physical education instruction or physical activity in excess of the amounts identified in Section 7.01 of these rules.

7.03 The physical education training and instruction shall be designed to:

7.03.1 Improve the health of this state's school children;

7.03.2 Increase knowledge about the health benefits of physical activity and exercise;

7.03.3 Develop behavioral and motor skills that promote a lifelong commitment to healthy physical activity;

7.03.4 Promote health-focused activity among children and adolescents; and

7.03.5 Encourage physical activity outside of physical education.

7.04 Suitable modified courses shall be provided for students physically or mentally unable or unfit to take the course or courses prescribed for other pupils.

7.05 A student may be exempted from physical education and physical activity requirements by seeking a waiver from the local school board of directors. The local school board of directors may grant such a waiver based upon the following criteria:

7.05.1 The student must present a statement by the student's attending physician indicating that participation in physical education and physical activity will jeopardize the student's health or well-being; or

7.05.2 The parent and student must show that attending physical education classes will violate the student's religious beliefs and would not be merely a matter of personal objection. The parent or student must be members of a recognized religious faith that objects to physical education as part of its official doctrine or creed.

7.05.3 The local school board of directors shall encourage a student granted a waiver under Section 7.05 of these rules to take, as an alternative to physical education, appropriate instruction in health education or other instruction in lifestyle modification if an exemption is granted.

7.06 Each school shall develop a physical education program that fits effectively and efficiently into the school's existing organization and into the standards and curriculum frameworks adopted by the State Board of Education, while incorporating the goals of these rules.

7.07 The State Board of Education shall submit to the House Interim Committee on Education and the Senate Interim Committee on Education for the committees' review any proposed rules regarding physical education or physical activity standards for grades kindergarten through twelve (K-12) developed pursuant to Section 7.00 of these rules that exceed the maximums identified in Section 7.01 of these rules.

7.08 At a minimum, school districts will work with their local Wellness Committee to:

7.08.1 Encourage participation in extracurricular programs that support physical activity, such as walk-to-school programs, biking clubs, after-school walking etc.;

7.08.2 Encourage the implementation of developmentally appropriate physical activity in after-school childcare programs for participating children;

7.08.3 Promote the reduction of time youth spend engaged in sedentary activities such as watching television and playing video games; and

7.08.4 Encourage the development of and participation in family-oriented community-based physical activity programs.

7.09 Physical Education Instruction in Grades Kindergarten Through Six (K-6): For grades K-6, physical education classes will have a maximum student to adult ratio of thirty to one (30:1).

7.09.1 At least one of the adults directly supervising the physical education classes must be a licensed physical education teacher or, alternatively, a licensed elementary teacher. The licensed physical education teacher or licensed elementary teacher will be responsible for the delivery of physical education instruction. A licensed physical education teacher will be responsible for development of the physical education curriculum.

7.09.2 Non-licensed personnel may assist in filling the thirty to one (30:1) student to adult ratio requirement if they are trained and assigned to assist licensed personnel in supervising physical education classes.

7.10 Physical Education Instruction in Grades Seven Through Twelve (7-12): For grades 7-12, physical education instruction must be provided by a licensed physical education teacher with a license that corresponds to the grade levels being taught.

7.11 At least forty (40) minutes of instructional time per school day shall be used for recess for students attending public elementary schools:

7.11.1 For purposes of Section 7.11, “elementary school” means the educational model consistent with instructional grouping and scheduling used in grades kindergarten through four (K-4) but may include grades five through six (5-6).

7.11.2 Minutes provided under Section 7.11 may count towards the minimum number of minutes required for physical activity by Ark. Code Ann. § 6-16-132 and Section 7.01.1.2 of these Rules.

7.11.3 Minutes provided under Section 7.11 shall not count towards the minimum physical education requirements under Section 7.01.1.1.

7.11.4 A public elementary school may seek a waiver from the requirements of Section 7.11 only if the school:

7.11.4.1 Submits to DESE for approval of an alternative plan for recess that meeting the following criteria:

7.11.4.1.1 Exceeds the required minimum amount of minutes combined for physical activity under Ark. Code Ann. § 6-16-132, and Section 7.00 of these Rules, and recess under Ark. Code Ann. § 6-16-102(a)(5), and Section 7.11 of these Rules; and

7.11.4.1.2 Provides for both structured and unstructured social time; or

7.11.4.2 Is approved by DESE to operate as a virtual school.

7.12 The minutes of recess required by Section 7.11 shall:

7.12.1 Consist of supervised, unstructured social time during which students may communicate with each other;

7.12.2 Occur outdoors when weather and other relevant conditions permit; and

7.12.3 Include without limitation opportunities for free play and vigorous physical activity, regardless of whether recess occurs indoors or outdoors.

7.13 A public school principal may use discretion to adjust the recess time required under Sections 7.11 and 7.12 due to special circumstances or programs that interrupt a regular school day.

7.14 There is no requirement that recess be supervised by a licensed teacher.