Legislation was passed in early 2025 dictating that physical education and performing groups shall have no more than 40 students per class at all levels (to be enforced starting with the 2031/2032 school year; Senate bill 2025-S1002/§3204-a, Ed L). For students with disabilities in self-contained settings, class size and staffing ratios are determined by individual needs as specified in the student’s IEP and the regulations of the Commissioner. Ratios may include 12:1 + 1, 15:1, 8:1:1, 6:1:1, or 12:1 + 4, among others (8 NYCRR § 200.6).
The curriculum emphasizes physical fitness, motor skill competency, safety practices, and lifelong wellness (NYCRR Tit. 8 § 135.4[c][1]).
Substitutions for physical education may be allowed for Grades 10–12 if students demonstrate acceptable fitness and skill levels, or if approved out-of-school activities meet program requirements (NYCRR Tit. 8 § 135.4[c][2][ii][c]-[d]).
Structured physical activity outside of physical education is encouraged, with programs like “Move to Improve” reinforcing activity throughout the school day (24 RCNY § 47.71[c];21–960 NY City Admin. Code). New York State does not mandate daily recess in K–12 schools; local districts may establish their own recess policies (24 RCNY § 47.71). The Department of Education must report annually on physical education metrics (NYC Admin. Code § 21–960).
Evaluation of student fitness levels and progress must be continuous, with maintained cumulative records, but guidance on the usage and dissemination of assessment results is not provided. Adaptations are required for students unable to participate in regular physical education (NYCRR Tit. 8 § 135.4[c][1][iv]-[v]).
Adequate indoor and outdoor facilities, including gymnasiums and playfields, must be provided to support physical education programs. Equipment must be developmentally appropriate (NYCRR Tit. 8 § 135.4[c][5]; 21–960 NY City Admin. Code). Boards of Education must provide adequate indoor and outdoor facilities for instruction in physical education at all grade levels (8 NYCRR § 135.4[c][5]). In New York City, Admin. Code § 21–960 requires the Department of Education to submit annual reports on physical education provision; however, neither law nor regulation prescribes procedures for purchasing or storing equipment.
Schools may offer online or blended—not explicitly including or excluding physical education— courses for diploma credit if they meet New York State requirements for virtual learning, including alignment with standards, appropriate teacher certification, and regular, substantive interaction (8 NYCRR § 100.5). Districts may also seek approval for equivalent programs under 8 NYCRR § 135.4(a).
Physical education must be taught by certified instructors. Teachers of both regular and adapted physical education (APE; not a separate endorsement) must hold certification or endorsement in physical education and APE instructors must have specific training or qualifications to address the needs of students with disabilities as outlined in their IEP (NYCRR Tit. 8 § 135.4I[4][i]-[iii]). Districts operating a high school must employ a director of physical education who holds certification in physical education as well as administrative or supervisory service (8 NYCRR § 135.4[c][4][iii]).
APE must be provided for students with disabilities as specified in their IEP (NYCRR Tit. 8 § 135.4[c][1][iv]).
School boards are responsible for funding and implementing physical education programs. Reports on facilities, instruction, and compliance must be submitted annually (21–960 NY City Admin. Code). In New York City, Admin. Code § 21–960 requires the Department of Education to submit annual reports on physical education, but there is no statewide requirement for annual reporting.
Programs promote childhood obesity prevention and physical activity, as well as involvement of schools, parents, and community members in creating a healthy environment, but regulations do not impose a mandate on school districts (NY PBH § 2599-C).
No specific criteria for evaluating physical educators are detailed in the regulations.
Recent updates emphasize enhanced reporting requirements on APE, class sizes, facilities, and program compliance (21–960 NY City Admin. Code). Legislation was passed in early 2025 dictating that physical education and performing groups shall have no more than 40 students per class at all levels (to be enforced starting with the 2031/2032 school year; Senate bill 2025-S1002/§3204-a, Ed L).
The regulations assign responsibility for physical education policy implementation to Local Education Agencies and include indirect state oversight through general curriculum and graduation requirements. However, the regulations do not include specific enforcement mechanisms or penalties related to physical education or physical activity policy compliance.
For more details, call the New York State Education Department at (518) 474–3852, email emscurric@nysed.gov, or go to 89 Washington Avenue, Albany, NY 12234.