(

a) All pupils, except pupils excused or exempted pursuant to

Section 51241, shall be required to attend upon the courses of physical education for a total period of time of not less than minutes each schooldays, except as provided in subdivision (c). Any pupil may be excused from physical education classes during one of grades 10, 11, or for not to exceed clock hours in order to participate in automobile driver training. A pupil who is excused from physical education classes to enroll in driver training shall attend upon a minimum of 7,000 minutes of physical education instruction during such school year. (

b) The governing board of each school district that maintains a high school and that elects to exempt pupils from required attendance in physical education courses pursuant to paragraph (1) or (2) or both of subdivision (

b) of

Section shall offer those pupils so exempted a variety of elective physical education courses of not less than minutes each schooldays. (

c) The governing board of a school district that maintains any of grades to 12, inclusive, may adopt a policy providing for an alternate term

schedule for physical education courses, which shall be deemed to satisfy the requirements of a course in physical education for purposes of subparagraph (

F) of paragraph (1) of subdivision (

a) of

Section 51225.3, if all of the following conditions are met: (1) (

A) For a pupil in grade 6, the pupil receives no less than minutes of instruction every schooldays for a semester of not fewer than weeks during the regular school year, for a total of 3,600 instructional minutes for the school year. (

B) For a pupil in grades to 12, inclusive, the pupil receives no less than minutes of instruction every schooldays for a semester of not fewer than weeks during the regular school year, for a total of 7,200 instructional minutes for the school year.

(2) The physical education program is aligned with the physical education framework adopted by the state board in that it provides a sequential, articulated, age-appropriate program.

(3) The physical education program complies with the course of study requirements of high school physical education programs specified in

Article 3.1 (commencing with

Section 10060) of Subchapter of

Chapter of Division of Title of the California Code of Regulations, as applicable.

(4) Pupils are prepared for, and participate in, the physical performance testing required pursuant to

Section 60800. (d)

(1) A complaint that a school district or county superintendent of schools has not complied with the instructional minute requirements of subdivision (

a) or (

c) may be filed with a school district or county superintendent of schools pursuant to the Uniform Complaint Procedures set forth in

Chapter 5.1 (commencing with

Section 4600) of Division of Title of the California Code of Regulations.

(2) A complainant not satisfied with the decision of a school district or county superintendent of schools may appeal the decision to the department pursuant to

Chapter 5.1 (commencing with

Section 4600) of Division of Title of the California Code of Regulations and shall receive a written appeal decision within days of the department’s receipt of the appeal.

(3) If a school district or county superintendent of schools finds merit in a complaint, or the Superintendent finds merit in an appeal, the school district or county superintendent of schools shall provide a remedy to all affected pupils, parents, and guardians. (

e) The Legislature finds and declares that neither the original provisions of this section, nor any subsequent amendments to it, were intended to create a private right of action. However, nothing in this subdivision shall restrict or expand the existing right of any party to seek relief from noncompliance with this

section pursuant to a writ of mandate.