Pediatr. praxi. 2024;25(6):384-389 | DOI: 10.36290/ped.2024.073

Releasing pupils from physical education from the perspective of law and inclusive education

Mgr. Ondřej Ješina, Ph.D.¹, JUDr. Maxim Tomoszek, Ph.D.², PhDr. Jitka Vařeková, Ph.D.³, PhDr. Kamil Kotlík, Ph.D.³

¹ Fakulta tělesné kultury, Univerzita Palackého v Olomouci

² Právnická fakulta, Univerzita Palackého v Olomouci

³ Fakulta tělesné výchovy a sportu, Univerzita Karlova, Praha

Despite the existence of international treaties and strategic documents that oblige the education system in the Czech Republic to ensure equal access to education for every child, unjustified exemption from school physical education is a frequently used reality in our country. This possibility created by legislation has serious negative consequences. Excessive use of exemptions leads to the creation of barriers to access to physical activities for a significant group of pupils and to their exclusion from the physical development part of education throughout further education (physical education, swimming and skiing courses, physical competitions and events). Pupils whose health limitations require them to pay increased attention to somatic development, to work with inactivity and to seek ways to achieve lifelong motivation are thus excluded not only from physical education but often also from other school events. Responsibility for making decisions about pupils' physical education is delegated to doctors without the necessary knowledge of current educational norms and standards to be able to make appropriate educational recommendations for individual children. Despite the availability of support for pupils with special educational needs, pupils with minimal medical needs are increasingly being released from physical education. It is this inconsistency in the application of standards in relation to exemption from physical education that is the subject of our criticism. The aim of this paper is to highlight the current application of the system of release from physical education in relation to the legal aspects and to inform the medical professional community about the possibilities of adjustments and procedures in the current system of education of pupils with physical disabilities. The present paper takes the liberty to analyse some passages of Act No. 561/2004 Coll. on pre-school, primary, secondary, higher vocational and other education, as amended, and the related Decree of the Ministry of Health No. 391/2013 Coll. on medical fitness for physical education and sport, the aim of which is to have a preventive effect on the protection of the health of not only children, but also adults in connection with performance sports, as well as leisure activities and school physical education. In particular, we negatively assess the fact that the current legal norms regulate the possibility of release from school physical education without offering an alternative in order to support pupils in fulfilling their educational obligation.

Keywords: adapted physical activities, sedentary behaviour, special educational needs, framework educational programmes, support measures.

Accepted: December 10, 2024; Published: December 31, 2024  Show citation