Legal Issues Special Education and Adapted Physical Education Sources of Law Constitutional federal state Statutes federal state Case or Common Law federal state Constitutional Law This is the fundamental laws of a nation or state Sets fundamental rights
Special Education and
Adapted Physical Education
Legislative History of Special Education
"No otherwise qualified handicap individual in the U.S....shall, solely by reason of handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance."
“Separation or differentiation with respect to physical education and athletic activities is permissible only if qualified students are also allowed opportunities to compete for regular teams or participate in regular activities. Most handicapped students are able to participate in one or more regular physical education and athletic activities. For example, a student in a wheelchair can participate in a weight training class (Stein, 1978, p. 149).
“Cannot bar a person with artificial limbs or one eye or kidney from participating in sports competition. Likewise, athletic events in public places must be accessible to all spectators, including those who use wheelchairs.”
“...those children evaluated...as being mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, orthopedically impaired, other health impaired, deaf-blind, multi-handicapped, or as having specific learning disability...”
“...who because of those impairments needs special education and related services”
“...special education and related services which:
1. Special education means specially designed instruction, at no cost to the parent, to meet the unique needs of a handicapped child, including classroom instruction, instruction in physical education, home instruction, and instruction in hospitals and institutions.
2. The term includes speech pathology, or any other related service, if the service consists of specially designed instruction ... and is considered special education rather than a related service under state standards.
3. A child is not handicapped unless s/he needs special education. If a child does not need special education, cannot get related services.
(i) The term means the development of:
(A) physical and motor fitness
(B) fundamental motor skills and patterns
(C) skills in aquatics, dance, and individual and group games and sports (including intramural and lifetime sports
(ii) The term includes special physical education, adapted physical education, movement education, and motor development
(a) General - P.E. services, specially designed if necessary, must be available to every HC child.
(b) Regular P.E. - Every HC child must be afforded the opportunity to participate in regular physical education unless:
(1) child is enrolled full-time in a separate facility, or
(2) 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 shall provide the services directly, or make arrangements for it to be provided through other public or private programs.
(d) Education in Separate Facilities - the public agency responsible for the education of a handicapped child who is enrolled in a separate facility shall insure that the child receives appropriate physical education services in compliance with para. (a) and (c) of this section.
"....transportation and such developmental, corrective, and other supportive services as are required to assist a handicapped child to benefit from special education, and includes:
speech pathology/audiology, recreation, psychological services social work, physical therapy, health services,
occupational therapy artistic/cultural programming
* if they are required to assist child benefit from special education.
(i) assessment of leisure functioning
(ii) therapeutic recreation services
(iii) recreation programs in schools and community agencies
(iv) leisure education
"... to the maximum extent appropriate, children with disabilities...are educated with children without disabilities, and that special classes, separate schooling, or other removal of children with disabilities from regular educational environments occur only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily."
"...a continuum of alternative placements is available to meet the needs of children with disabilities...including instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions."
"...placing children in the LRE does not mean mainstreaming or placing all children into regular classes...placed in most normal environment in which they can potentially succeed...The LRE will be different for each child."