APE Law and Policy
The Individuals with Disabilities Education Act (IDEA)
Sec. 300.39 Special education.
(a) General.
(1) Special education means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including--
(i) Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and
(ii) Instruction in physical education.
(2) Special education includes each of the following, if the services otherwise meet the requirements of paragraph (a)(1) of this section--
(i) Speech-language pathology services, or any other related service, if the service is considered special education rather than a related service under State standards;
(ii) Travel training; and
(iii) Vocational education.
(b) Individual special education terms defined. The terms in this definition are defined as follows:
(1) At no cost means that all specially-designed instruction is provided without charge, but does not preclude incidental fees that are normally charged to nondisabled students or their parents as a part of the regular education program.
(2) Physical education means--
(i) The development of-- (A) Physical and motor fitness;
(B) Fundamental motor skills and patterns; and
(C) Skills in aquatics, dance, and individual and group games and sports (including intramural and lifetime sports); and
(ii) Includes special physical education, adapted physical education, movement education, and motor development.(Authority: 20 U.S.C. 1401(29) )
Sec. 300.108 Physical education.
The State must ensure that public agencies in the State comply with the following:
(a) General. Physical education services, specially designed if necessary, must be made available to every child with a disability receiving FAPE, unless the public agency enrolls children without disabilities and does not provide physical education to children without disabilities in the same grades.
(b) Regular physical education. Each child with a disability must be afforded the opportunity to participate in the regular physical education program available to nondisabled children unless--
(1) The child is enrolled full time in a separate facility; or
(2) The child needs specially designed physical education, as prescribed in the child's IEP.
(c) Special physical education. If specially designed physical education is prescribed in a child's IEP, the public agency responsible for the education of that child must provide the services directly or make arrangements for those services to be provided through other public or private programs.
(d) Education in separate facilities. The public agency responsible for the education of a child with a disability who is enrolled in a separate facility must ensure that the child receives appropriate physical education services in compliance with this section.
(Authority: 20 U.S.C. 1412(a)(5)(A) )
(a) General.
(1) Special education means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including--
(i) Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and
(ii) Instruction in physical education.
(2) Special education includes each of the following, if the services otherwise meet the requirements of paragraph (a)(1) of this section--
(i) Speech-language pathology services, or any other related service, if the service is considered special education rather than a related service under State standards;
(ii) Travel training; and
(iii) Vocational education.
(b) Individual special education terms defined. The terms in this definition are defined as follows:
(1) At no cost means that all specially-designed instruction is provided without charge, but does not preclude incidental fees that are normally charged to nondisabled students or their parents as a part of the regular education program.
(2) Physical education means--
(i) The development of-- (A) Physical and motor fitness;
(B) Fundamental motor skills and patterns; and
(C) Skills in aquatics, dance, and individual and group games and sports (including intramural and lifetime sports); and
(ii) Includes special physical education, adapted physical education, movement education, and motor development.(Authority: 20 U.S.C. 1401(29) )
Sec. 300.108 Physical education.
The State must ensure that public agencies in the State comply with the following:
(a) General. Physical education services, specially designed if necessary, must be made available to every child with a disability receiving FAPE, unless the public agency enrolls children without disabilities and does not provide physical education to children without disabilities in the same grades.
(b) Regular physical education. Each child with a disability must be afforded the opportunity to participate in the regular physical education program available to nondisabled children unless--
(1) The child is enrolled full time in a separate facility; or
(2) The child needs specially designed physical education, as prescribed in the child's IEP.
(c) Special physical education. If specially designed physical education is prescribed in a child's IEP, the public agency responsible for the education of that child must provide the services directly or make arrangements for those services to be provided through other public or private programs.
(d) Education in separate facilities. The public agency responsible for the education of a child with a disability who is enrolled in a separate facility must ensure that the child receives appropriate physical education services in compliance with this section.
(Authority: 20 U.S.C. 1412(a)(5)(A) )
NC Policies Governing Services for Children with Disabilities (June 2010)
NC 1500-2.1 Adapted physical education
(a) Children with disabilities shall have equal access to the provision of physical education. Physical education includes the development of:
(Authority: 20 U.S.C. 1401; 34 CFR 300.39(2)(3))
NC 1500-2.34 Special education
(a) General.
(a) Children with disabilities shall have equal access to the provision of physical education. Physical education includes the development of:
- Physical and motor fitness;
- Fundamental motor skills and patterns; and
- Skills in individual and group games, sports, and activities (including intramural and life-time sports).
- Modified physical education,
- Adapted/special physical education,
- Movement education, and
- Motor development.
(Authority: 20 U.S.C. 1401; 34 CFR 300.39(2)(3))
NC 1500-2.34 Special education
(a) General.
- Special education means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including
- instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and
- Instruction in physical education
- Special education includes each of the following, if the services otherwise meet the requirements of paragraph (a)(1) of this section –
- Speech-language pathology services,
- Travel training; and
- Vocational education.
- At no cost means that all specially-designed instruction is provided without charge, but does not preclude incidental fees that are normally charged to nondisabled students or their parents as a part of the regular education program.
- Physical education means –
- The development of –
- Physical and motor fitness;
- Fundamental motor skills and patterns; and
- Skills in games and sports.
- Includes special physical education, adapted physical education, movement education, and motor development.
- The development of –
- Specially designed instruction means adapting, as appropriate, to the needs of an eligible child under these Policies, the content, methodology, or delivery of instruction--
- To address the unique needs of the child that result from the child's disability; and
- To ensure access of the child to the general curriculum, so that he or she can meet the educational standards within the jurisdiction of the public agency that apply to all children…
Physical Education and the Law
North Carolina state law requires physical education for all students. Under the Individuals with Disabilities Education Act (IDEA), Adapted Physical Education is required for those students with disabilities who require specially designed instruction in order to receive Physical Education. Physical Education includes:
What is Adapted Physical Education (APE)?
Adapted Physical Education (also called specially designed instruction) is instruction in physical education that is designed on an individual basis to meet the needs of a child with a disability.
How is the Need for APE Determined?
Where is Adapted PE Provided?
APE, like all special education, is offered in the least restrictive environment. Students with disabilities must be included to the maximum extent possible in the general physical education program. For students with disabilities who are receiving APE, and students who are participating in the general PE program with accommodations/modifications, a continuum of placement options may include one or more of the following:
- Physical and motor fitness
- Fundamental motor skills and patterns
- Skills in individual and group games and sports, and activities (including intramural and life-time sports)
What is Adapted Physical Education (APE)?
Adapted Physical Education (also called specially designed instruction) is instruction in physical education that is designed on an individual basis to meet the needs of a child with a disability.
- Adapted PE is Special Education, NOT a related service.
- Adapted PE is a program, not a placement.
How is the Need for APE Determined?
- The IEP team determines a student’s need for APE.
- The IEP team should include an APE specialist, if available, and the general education PE teacher. When the PE curriculum, student needs and/or APE eligibility is being discussed by the IEP team, educators knowledgeable in the PE curriculum need to be present.
- To determine eligibility, an APE evaluation must take place in accordance with NC Policies Governing Services for Children with Disabilities {NC 1500-2-11A}.
- Goal (s) must be developed if eligibility for Adapted PE is determined.
Where is Adapted PE Provided?
APE, like all special education, is offered in the least restrictive environment. Students with disabilities must be included to the maximum extent possible in the general physical education program. For students with disabilities who are receiving APE, and students who are participating in the general PE program with accommodations/modifications, a continuum of placement options may include one or more of the following:
- General physical education setting
- General PE setting with accommodations/modifications
- General PE setting with assistance from staff and/or APE specialist
- A separate PE class setting with peers and additional staff as needed
- Separate public school