Can a certified physical education teacher supervise a recess aide to provide instruction leading to regulatory requirements of physical education at the elementary level?
A. No. Recess may not be used to meet the physical education days/time requirement (Commissioner’s Decision #12,934). Physical education by definition in Section 135.4(1)(k) Instructional physical education means the required physical education program which has as its foundation planned sequential learning experiences for all students. The regulation is very specific on who may teach physical education: physical education must be taught by a certified physical education teacher or an elementary classroom teacher under the direction and supervision of a certified physical education teacher. See the following link for the Commissioner’s Regulation on physical education: Commissioner’s Regulation 135.
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