This study determined the relationship of teachers' competence for democratic cultures (CDC) in instruction based on the context of right to education (RTE), research and extension and the students' physical education (PE) performance and its predictors as basis to improve PE instruction. It made use of a descriptive correlational approach with 340 PE teachers in primary schools in Croatia as respondents. Questionnaire was used to gather the data. The constructive validity, reliability and sensitivity of the questionnaire was determined. The items and the total result of the questionnaire was analyzed by descriptive statistical parameters in this paper. After conducting the pilot studies and establish the measurement characteristics of the questionnaire we used this questionnaire for better understanding of this complex phenomenon that operationalized RTE indicators as fundamental building block of CDC in modern schools on PE example. The competence of the teacher in instruction, research and extension may not necessarily determine the PE performance of students but has a strong impact on identification lines of sport pedagogy.