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Physical Education for Children with Disabilities

Law-in-Brief: Special Education #4

Date: September 2000

Prepared by: Beth Stevens, Legal Advocacy Team

The Individuals with Disabilities Education Act (IDEA) requires every state to ensure a free, appropriate education to children with disabilities from birth through age 21. These children are entitled to an individualized special education program designed to meet their unique needs. In addition to academic and vocational instruction, physical education must be available to children with disabilities.

Will the school district place my child in a regular PE class, or in a special PE class?

Under federal and state regulations, each child must be given the opportunity to participate in a regular physical education program unless the child needs a specially designed physical education program. Specially designed physical education should be provided to a child only when if the child’s disability prevents the child from benefiting from a regular physical education class. If a specially designed physical education program is needed, it should be set forth in the child’s individualized education program (IEP). The school district is then responsible for either providing that program directly or making arrangements for its provision by contracting with other public or private resources. If the child is enrolled full-time in a facility not run by the educational which is responsible for the implementation of the child’s IEP (i.e., the student attends a private school or a school in a different school district), the educational entity is still responsible for ensuring that the child receives an appropriate physical education program.

My daughter wants to be on the swimming team, but the coach won’t even let her try out because she has a disability. Is that legal?

Under the provisions of the IDEA, the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act, public schools have a duty to ensure that students with disabilities have access to non-academic extracurricular activities, such as athletics and other recreational activities. This access is required in addition to students’ access to physical education. Extracurricular programs must make reasonable accommodations to allow children with disabilities who are eligible for a program to participate. The specific accommodation required will vary from child to child, based on the nature of the activity, the severity of the disability and the accommodation requested.

What can I do if my child is not receiving physical education?

If you believe that your child’s IEP has failed to address participation in a physical education program, or that your child requires a specially designed physical education program, contact your local school district. You may want to request an independent education evaluation to determine the specific accommodations that should be included to meet your child’s needs. You can also file a complaint with the Office of the Superintendent of Public Instruction (OSPI) or with the U.S. Department of Education’s Office for Civil Rights (OCR) if the school district refuses to provide physical education to your child. You can contact OSPI at (360) 753-6733 and OCR at (206) 220-7900.

The information above was obtained from a section of the Individuals with Disabilities Education Act, 20 U.S.C. 1401, and federal and state regulations regarding physical education, 34 C.F.R. 300.307 and WAC 392-172-162.

This document is an information service of the Washington Protection & Advocacy System (WPAS). It provides general information only and should not be used as legal advice for any specific situation. If you would like more information about this topic, call us and ask for a Resource Advocate.

To receive this document in an alternative format, such as large print or Braille, please call Washington Protection & Advocacy System (WPAS) at 1-800-562-2702.

WPAS is a member of the National Disability Rights Network
A substantial portion of the WPAS budget is federally funded.

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