Childhood obesity is a hot topic, and a settlement in a California lawsuit is aimed at tackling that issue. Attorney Donald Driscoll took on the case in 2013, working on behalf of advocacy group Cal200 and parent Marc Babin. The lawsuit involved 37 school districts, which are responsible for educating one in five of all California elementary school students, and alleged that children were not receiving enough physical education.
California requires that elementary school students receive at least 200 minutes of P.E. instruction every 10 school days. Previously, there were no reliable methods for tracking this time. Many teachers understood the 200 minutes requirement to be a suggestion, leading them to sometimes choose preparation for standardized tests over physical activity.
The settlement of this lawsuit demonstrates that the 200 minute minimum is a mandate rather than a suggestion. Moreover, school districts involved in the settlement are now facing strict reporting requirements. Some districts, like San Bernardino and Riverside, say that they have already enacted reporting strategies.
As part of the settlement, districts are now required to monitor the time that elementary school teachers spend on P.E. instruction. Teacher P.E. schedules must be publicly posted and teachers are also required to sign forms certifying that they are meeting the state-required minimums. School principals are being required to make surprise classroom visits to ensure that the requirements are being met.
In the Riverside Unified School District the technology department has already rolled out purpose-built software that is designed to help teachers and administrators comply with the reporting requirements. Teachers keep track of their P.E. minutes online, printing reports every two weeks to be passed on to principals for review. The principals sign the forms, and the school board receives an official report three times per year.
The other outcome of the litigation is new legislation aimed at curbing costly and time-consuming lawsuits against school districts. Complaints are now required to go through an administrative process that must be completed before a lawsuit can be filed. Hopefully, this will help districts direct more funds toward students and classrooms.