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.