Advocacy
NCPEID advocates for equitable, high-quality adapted physical education and adapted physical activity services for individuals with disabilities.
Through professional standards, policy engagement, and evidence-based guidance, NCPEID works to ensure that physical education is appropriately designed, delivered by qualified professionals, and included as a meaningful component of educational programs across the lifespan.
NCPEID’s advocacy efforts support families, educators, administrators, and policymakers by promoting legal compliance, informed decision making, and best practices in adapted physical education and physical activity.
Legislation
NCPEID provides consistent and timely information on legislative and policy issues that affect the provision of high-quality adapted physical education (APE) and adapted physical activity (APA) services for students with disabilities. Through its Policy and Advocacy Committee (PAC), Executive Committee, and Board of Directors, NCPEID develops, curates, and disseminates legislative resources that advance APE/APA at the federal, state, and local levels.
In alignment with NCPEID’s mission and bylaws, the Policy and Advocacy Committee promotes legislation favorable to physical education for individuals with disabilities at the federal level and serves as a resource to families, educators, administrators, and policymakers at state and local levels.
Federal Law and Adapted Physical Education
Under the Individuals with Disabilities Education Act (IDEA, 2004), physical education is a required component of special education services. For students with disabilities, physical education must be provided, and specially designed, if necessary, as part of the student’s Individualized Education Program (IEP). When a child has an IEP, schools are legally obligated to ensure that physical education services are appropriately included and delivered.
Families, Educators, advocates and attorneys often consult Wrightslaw for reliable, accessible information about special education law, advocacy, evaluations, and IEP development.
US Department of Education Guidance Letters Related to APE
The U.S. Department of Education has issued several guidance letters clarifying requirements related to physical education and adapted physical education under IDEA and Section 504. These letters provide
important interpretations of federal law and are frequently referenced in advocacy and compliance discussions.
Office of Special Education and Rehabilitative Services (OSERS/OSEP)
Clarifies that schools may not substitute other instructional content (e.g., reading intervention) for mandatory physical education services.
Addresses the provision of physical education services for preschool-aged children with disabilities as part of the IEP.
Clarifies requirements for providing physical education services to transition-aged youth with disabilities.
Reaffirms that required physical education or adapted physical education services may not be replaced by related services such as physical therapy or occupational therapy.
Office for Civil Rights
Clarifies schools’ obligations under Section 504 of the Rehabilitation Act of 1973 to provide students with disabilities an equal opportunity to participate in extracurricular athletics and physical activity programs.
How NCPEID Uses Legislative Guidance for Advocacy
NCPEID uses these laws and guidance documents to:
- Support families and educators in understanding their rights and responsibilities
- Inform policy discussions and administrative decision making
- Advocate for appropriate staffing, service delivery, and program quality
- Promote compliance with federal disability law related to physical education
What is APE?
Adapted physical education (APE) is specially designed instruction in physical education that has been adapted or modified so that it is as appropriate for a student with a disability as it is for a student without a disability.
Under federal law, physical education must be provided to students with disabilities. Physical education is defined as the development of physical and motor skills, including fundamental motor skills and movement patterns (for example, throwing, catching, walking, and running), as well as skills in aquatics, dance, and individual and group games and sports (including intramural and lifetime sports) (34 C.F.R. 300.39(b)(2)).
Who Provides APE Services?
Adapted physical educators provide APE instruction and services to students with disabilities who qualify for special education services under the Individuals with Disabilities Education Improvement Act (IDEA, 2004). They also serve students who receive accommodations or services under Section 504 of the Rehabilitation Act of 1973 and may also assist physical educators and athletic coaches in making reasonable accommodations in accordance with the Americans with Disabilities Act (ADA, 1990).
Services Provided by an APE Teacher
(Adapted from Sherrill, 1998)
APE teachers provide a range of services, including:
- Planning services
- Assessment of individuals and environments
- Prescription and placement through the Individualized Education Program (IEP)
- Teaching, counseling, and coaching
- Evaluation of services
- Coordination of resources and consultation
- Advocacy
APE as a Direct Special Education Service
Adapted physical education is a direct special education service, not a related service, because physical education for students with disabilities is a federally mandated component of special education (U.S.C.A. § 1402(25)). As a result, physical education must be provided as part of the student’s special education program when identified as a need.
This distinguishes APE from related services such as physical therapy and occupational therapy, which are provided only when required for a student to benefit from instruction.
Additional Resources
- Adapted Physical Education Infographic summarizes the what, how, and why of adapted physical education.
- Frequently Asked Questions About Adapted Physical Education
- Delivery of Service Continuum: Determining Least Restrictive Environment
These resources address common questions and outline key stakeholder roles in designing and delivering effective adapted physical education services.
Individualized Education Program
The Individualized Education Program (IEP) is a written document developed for each public-school student who is eligible for special education services. The IEP is created through a collaborative team process and is reviewed at least annually.
- IEP Checklist for Physical Education helps ensure that the IEP team fully addresses a student's physical education placement and services. Developed by Scott McNamara, Lauren Lieberman, Brad Weiner, and Garth Tymeson.
- Example APE Evaluation Report provides a sample evaluation report that meets the requirements for adapted physical education services. Developed by the Minnesota Department of Education.
Guidance Document
NCPEID provides guidance for administrators regarding adapted physical education service delivery that reflects the organization’s position based on federal legal mandates.
NCPEID Advocacy Letters
Raise Your Voice!
In response to the potential dismantling or closure of the U.S. Department of Education (Exec. Order No. 14242), including the Office of Special Education Programs, NCPEID has developed advocacy letters addressing the potential impact on students with disabilities, school districts, and educators responsible for implementing the Individuals with Disabilities Education Act (IDEA).
The following letters are available for use:
- Letter to the U.S. Secretary of Education: Intended for parents, families, and advocates to express concerns at the federal level.
- Letter to Local Legislators: Intended for communication with state and local policymakers regarding the importance of maintaining federal protections and oversight.