Physical Education Programs in Public Schools

PACKEL, Attorney General,

You have asked our opinion with respect to whether certain sections of proposed State Board of Education regulations (recently circulated by the Department of Education as Basic Education Circular No. 93), which would affect physical education programs in our public schools and which would regulate in the area of intramural and interscholastic athletics, may be lawfully adopted by the board or whether such regulations are beyond the board’s jurisdiction.

I. In order to answer the question you have raised, it is necessary to consider the relevant statutory background.

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