Policy and Advocacy

NCPEID and its members advocate for equitable, inclusive, and high-quality PK-12 adapted physical education and adapted physical activity services for individuals with disabilities across the lifespan.

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Through professional standards, advocacy, 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 PK-12 educational programs.

NCPEID’s advocacy and policy efforts support families, educators, administrators, and policymakers by promoting legal compliance, informed decision making, and best practices in adapted physical education and physical activity.

NCPEID Advocacy Video Series

Legislation

NCPEID disseminates 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 individuals with disabilities. Through its Policy and Advocacy Committee (PAC), Executive Committee, and Board of Directors, NCPEID develops, curates, and disseminates legislative resources that impact 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 special education service. For students with disabilities, physical education must be provided, 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 designed, delivered, and monitored.

Families, educators, advocates and attorneys often consult Wrightslaw for reliable, accessible information about special education law, physical education, advocacy, evaluations, and IEP development.

US Department of Education Policy Guidance Letters Related to APE

The U.S. Department of Education has issued several policy guidance letters clarifying requirements related to physical education and adapted physical education under IDEA and Section 504. These letters provide important interpretations of the requirements of federal law and are frequently referenced in advocacy and compliance situations.

Find more Policy Letters and Policy Support Documents here.

Office of Special Education and Rehabilitative Services (OSERS/OSEP)

Clarifies that schools may not substitute other instructional subjects or content (e.g., reading intervention) for mandatory physical education services for students with disabilities.
Addresses the provision of required physical education services for preschool-aged children with disabilities as part of the IEP.
Clarifies requirements for providing physical education services to secondary-level, transition-aged youth with disabilities.
Reaffirms that required physical education or adapted physical education services may not be replaced or substituted by related services such as physical therapy or occupational therapy.

Office for Civil Rights (OCR) Extracurricula Athletics

Clarifies schools’ obligations under Section 504 of the Rehabilitation Act of 1973 to provide students with disabilities an equal opportunity to participate in public elementary and secondary school extracurricular athletics.

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, program development, and administrative decision making.
  • Advocate for appropriate staffing, professional development, service delivery, and program quality.
  • Promote compliance with state and federal disability laws related to physical education and extracurricula athletics.

What is Adapted Physical Education?

Adapted physical education (APE) is specially designed instruction in physical education that has been adapted or modified so that it is as appropriate, meaningful, and challenging for a student with a disability as it is for a student without a disability.

Under federal special education law, physical education must be provided to students with disabilities, ages 3-21+. Physical education is defined in the Individuals with Disabilities Education Act (IDEA) 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, ages 3-21+, 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 Required Special Education Service

Adapted physical education is a required special education service, not a related service. Physical education for students with disabilities is a federally mandated component of special education in IDEA (34 C.F.R. 300.39(b)(2)). As a result, physical education must be provided as part of the student’s special education program.

This distinguishes APE from related services such as physical therapy and occupational therapy, which are provided only when required for a student to access and benefit from special education instruction.

Additional Resources

The NCPEID Adapted Physical Education Infographic is primarily designed for parents/guardians and summarizes the what, why, and how of APE services for students with disabilities, ages 3-21+. Use this resource to advocate, educate, and inform about APE in PK-12 schools. Spanish-language infographic available. 

Individualized Education Program

The Individualized Education Program (IEP) is a written document developed for each public-school and publicly funded charter 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 Eligibility Criteria provides a sample eligibility criteria 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.

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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:

State APE Groups

Many states have an APE professional group aimed at providing APE guidance, professional development, and assisting with immediate concerns with state constituents.

The NCPEID Policy and Advocacy Committee created a checklist to support states in developing an APE professional group. This checklist provides guidance and suggestions with a timeline of how to start.

Project Connect

Join ongoing collaborations amongst state APE professional groups to connect and support each other. Learn more. 

APE OSEP Funded Projects

For over 50 years, many NCPEID higher education members have been awarded competitive special education personnel development grants from the Office of Special Education Programs - U.S. Department of Education. These projects have prepared hundreds of APE professionals throughout the country at the BS, MS, and PhD levels.

Each OSEP funded project is very different, and some combine the resources and faculty of multiple universities. These universities have substantial financial aid to assist and prepare adapted physical education professionals for PK12 and higher education teaching, research, and leadership positions.

Listed below are the currently funded APE OSEP projects. Contact the Project Directors for specific requirements, academic programs of study, financial assistance, and other questions.

California State University, Long Beach

325K Project CAPE (Certification in Adapted Physical Education) 325K Project CARE (Collaboration and Responsive Research in Education)

Project Directors: Melissa Bittner, PhD, CAPE and Amanda Young, PhD, CAPE

University of Hawai’i at Manoa

325K Project ALOHA (Advancing Leadership Opportunities for Hawaiian, Asian, and Pacific Islanders in Adapted Physical Education)

Project Directors: Alli Tsuchida, PhD, CAPE and Nate Murata, PhD, CAPE

University of Utah

325K

Project Director: Samantha Ross-Cypcar, PhD, CAPE

Cal Poly Humbolt

325K Adapted Physical Education

Project Directors: David Adams, PhD and Jill Anderson, PhD

Chico State University

325K ADAPTED (Accessing Developmentally Appropriate Physical activity Training and Education in Disability)

Project Directors: Josie Blagrave, PhD and Laynie Case, PhD

University of Illinois

325K 325D Project CAPER (Collaboratory for Adapted Physical Education Research)

Project Directors: Wes Wilson, PhD and Kevin Richards, PhD

Old Dominion University

325D Project CAPER (Collaboratory for Adapted Physical Education Research)

Project Director: Justin Haegele, PhD

University of Georgia

325D Project CAPER (Collaboratory for Adapted Physical Education Research)

Project Director: Nicole Kirk, PhD

University of New Hampshire

325K Project SHAPE (Supporting Health and Physical Education)

Project Director: Scott McNamara, PhD

James Madison University

325K

Project Director: Tom Moran, PhD

University of Wisconsin - La Crosse

325K Interdisciplinary Preparation of APE and School Psychology

Project Director: Brock McMullen, PhD

Wayne State University

325M Project SUPPORT (supporting urban APE personnel and programs through optimal recruitment and training)

Project Director: Leah Ketcheson, PhD, CAPE