Doe

Education Code section 51210 states: “The adopted course of study for grades 1 to 6, inclusive, shall include instruction ... in the following areas of study: [f] . . . [f] (g) Physical education, with emphasis upon the physical activities for the pupils that may be conducive to health and vigor of body and mind, for a total period of time of not less than 200 minutes each 10 schooldays, exclusive of recesses and the lunch period.” (Italics added; further undesignated section references are to the Education Code.) Plaintiffs, a third grade student in the Albany Unified School District (the District) and his father, brought this action against the District, the District’s board of education (Board), and the State Department of Education (CDE) claiming the District and the Board (hereafter collectively AUSD) are not complying with the 200-minute requirement of section 51210, subdivision (g), and CDE is facilitating this noncompliance. Defendants demurred, arguing section 51210 does not establish mandatory duties, but goals and guidelines that are not enforceable by private parties. The trial court agreed and sustained the demurrers without leave to amend.

*673 We conclude…