(

a) Notwithstanding Sections and 51222, instruction in physical education in an elementary school maintaining any of grades to 8, inclusive, shall be for a total period of time of not less than minutes each schooldays, exclusive of recesses and the lunch period. (b)

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

a) 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. (

c) 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.