ADAPTED PHYSICAL EDUCATION

egulations, Recommendations, and Resources

The University of the State of New York

THE STATE EDUCATION DEPARTMENT

Office of Elementary, Middle, Secondary, and Continuing Education

Office of Vocational and Educational Services for Individuals with Disabilities

Albany, New York 12234

1997

THE UNIVERSITY OF THE STATE OF NEW YORK

Regents of The University

CARL T. HAYDEN, Chancellor, A.B., J.D. .............................................................. Elmira

OUISE P. MATTEONI, Vice Chancellor, B.A., M.A., Ph.D. .................................... Bayside

ORGE L. BATISTA, B.A., J.D. ................................................................................... Bronx

J. E

DWARD MEYER, B.A., LL.B. ................................................................................ Chappaqua

R. C

ARLOS CARBALLADA, Chancellor Emeritus, B.S. ............................................. Rochester

DELAIDE L. SANFORD, B.A., M.A., P.D. .................................................................. Hollis

IANE O’NEILL MCGIVERN, B.S.N., M.A., Ph.D. . .................................................... Staten Island

AUL B. COHEN, B.A., M.A., Ph.D.......................................................................... New Rochelle

AMES C. DAWSON, A.A., B.A., M.S., Ph.D. .......................................................... Peru

OBERT M. BENNETT, B.A., M.S. .............................................................................. Tonawanda

OBERT M. JOHNSON, B.S., J.D. ............................................................................. Lloyd Harbor

ETER M. PRYOR, B.A., LL.B., J.D., LL.D. ................................................................. Albany

NTHONY S. BOTTAR, B.A., J.D. .............................................................................. Syracuse

ERRYL H. TISCH, B.A., M.A. ................................................................................. New York

AROLD O. LEVY, B.S., M.A. (Oxon.), J.D. ........................................................... New York

NA L. FARLEY, B.A., M.A., Ph.D. .......................................................................... Brockport

President of The University and Commissioner of Education

RICHARD P. MILLS

Chief Operating Officer

RICHARD H. CATE

Deputy Commissioner for Elementary, Middle, Secondary, and Continuing Education

AMES A. KADAMUS

Assistant Commissioner for Curriculum, Instruction, and Assessment

DWARD T. LALOR

Deputy Commissioner for Vocational and Educational Services for Individuals with

Disabilities

AWRENCE C. GLOECKLER

Coordinator of Special Education Services

AWRENCE T. WAITE

Coordinator of Curriculum and Instruction

OSEANNE DEFABIO

The State Education Department does not discriminate on the basis of age, color, religion, creed, disability, marital

status, veteran status, national origin, race, genetic predisposition or carrier status, or sexual orientation in its education-

al programs, services and activities. Portions of this publication can be made available in a variety of formats, including

braille, large print or audio tape, upon request. Inquiries concerning this policy of nondiscrimination should be directed

to the Department’s Office for Diversity, Ethics, and Access, Room 152, Education Building, Albany, NY 12234.

TABLE OF CONTENTS  
ACKNOWLEDGMENT PAGE  iv  
SECTION I  
(ADAPTED PHYSICAL EDUCATION: QUESTIONS AND ANSWERS)  
ADAPTED PHYSICAL EDUCATION  3  
QUESTIONS AND ANSWERS: REQUIREMENTS AND RECOMMENDATIONS FOR THE  
IMPLEMENTATION OF ADAPTED PHYSICAL EDUCATION  4  
INTERSCHOLASTIC ATHLETICS  9  
SECTION II  
(FEDERAL AND STATE REGULATIONS)  
FEDERAL AND STATE REGULATIONS REGARDING PHYSICAL EDUCATION  13  
Part 300 of the Code of Federal Regulation  13  
Part 200 of the Regulations of the Commissioner of Education  14  
Part 100 of the Regulations of the Commissioner of Education  16  
Part 135 of the Regulations of the Commissioner of Education  16  
SECTION III  
(RESOURCES)  
MOTOR ABILITY, PERCEPTUAL-MOTOR DEVELOPMENT, AND  
PSYCHOMOTOR TEST ITEMS  23  
ASSESSMENT TOOLS  24  
PHYSICAL EDUCATION MEDICAL RECOMMENDATION FORM  25  
RATING SCALE FOR ADAPTED PHYSICAL EDUCATION  26  
SELECTED SPORTS ORGANIZATIONS AND FOUNDATIONS  
THAT SERVE INDIVIDUALS WITH DISABILITIES  33  
RESOURCES: 
General Adapted Physical Education Texts  35  
Journals/Newsletters  37  
Product and Educational Materials Catalogs  38  
Computer Software  39  
New York State Education Department Resources  40  
Special Education Administrator Leadership Training Academy  (SEALTA)  41  
Special Education Training and Resource Centers  (SETRC)  42  
iii 

ACKNOWLEDGEMENTS

e would like to acknowledge the commitment, perseverance, and expertise of

the Adapted Physical Education Section of the New York State Association for

Health, Physical Education, Recreation, and Dance; Edward Lalor, Assistant

Commissioner for Curriculum, Instruction, and Assessment; and Thomas Neveldine, Former

Executive Coordinator of the Office for Special Education Services. Without their dedica-

tion to this project, this document would never have come to fruition.

All of the art presented here is the work of Martha Perske. For years, Martha has worked

to express the joys and accomplishments of people with disabilities through her drawings.

Martha says, “If the drawings are used to give wings to information to help those with dis-

abilities in any way, you are welcome to use them!” We extend to Martha our most sin-

cere thanks for the use of her art work.

CONTRIBUTORS

NAME AFFILIATION

Sara Daggett Liverpool Central School District

Philip Hussion Ontario-Seneca-Yates-Cayuga-Wayne BOCES

Dr. Ellen Kowalski Department of Health and Physical Education and Human

Performance Science, Adelphi University

Dr. William Merriman Department of Health and Physical Education, Manhattan

College

Dr. Marybeth Miller Department of Physical Education, St. Bonaventure University

Bari Slatas White Plains School District

Roy Speedling Ulster BOCES

Jill Vomacka Franklin Square School District/Hofstra University

Sandy Williams Rome City School District

Dr. Joseph Winnick Department of Physical Education, SUNY, College at Brockport

NEW YORK STATE EDUCATION DEPARTMENT STAFF

Jan Christman

Colleen Canorro

Edward Lalor

Thomas Neveldine

Candace Shyer

SECTION I

ADAPTED PHYSICAL EDUCATION

QUESTIONS AND ANSWERS

ADAPTED PHYSICAL EDUCATION

n New York State, all elementary and secondary school students must receive physical

education as part of their education program. The federal Individuals with Disabilities

Education Act (IDEA) entitles all students with disabilities to receive a free, appropriate

public education, including appropriate physical education. Adapted physical educa-

tion (APE) is vitally important to the quality of life for students with disabilities. Providing

safe and successful experiences and meeting the unique needs of students with disabili-

ties through physical education will enhance self-actualization, including the develop-

ment of abilities in the psychomotor, cognitive, and affective domains.

Adaptive physical education means a specially designed program of developmental

activities, games, sports, and rhythms suited to the interests, capabilities, and limitations of

students with disabilities who may not safely or successfully engage in unrestricted partici-

pation in the activities of the regular physical education program. The term

adaptive

physical education appears in Part 300 of the Code of Federal Regulations and Part 200

and Part 135 of the Commissioner’s Regulations. Nationally, the recognized term is adapt-

ed physical education. Therefore, in this document we will use the term adapted physical

education to indicate adaptive physical education.

Adapted physical education may be provided to any child who has a unique need in

physical education. However, this document addresses those students that have an indi-

vidualized education program under Section 504 of the Rehabilitation Act of 1973, or the

Individuals With Disabilities Education Act, and Article 89 of the New York State Education

Law.

Adapted Physical Education: Regulations, Recommendations, and Resources has three

sections. Section I provides the requirements and recommendations for the implementa-

tion of adapted physical education in a question-and-answer format. Section II contains

all appropriate federal and State laws and regulations regarding adapted physical edu-

cation. Section III provides teachers and administrators with recommendations and

resources to implement appropriate adapted physical education programs.

QUESTIONS AND ANSWERS: REQUIREMENTS AND RECOMMENDATIONS

FOR THE

IMPLEMENTATION OF ADAPTED PHYSICAL EDUCATION

What are the requirements regarding instruction in physical education in New York State?

In New York State, physical education is required for all students, grades K-12, as speci-

fied in Section 135.4 of the Commissioner’s Regulations (see Section II). The instructional

requirements are:

(a) all pupils in grades K-3 shall participate in the physical education program on a

daily basis. All pupils in grades 4-6 shall participate in the physical education program

not less than three times each week. The minimum time devoted to such programs

shall be at least 120 minutes in each calendar week, . . .

(ii) Secondary instructional program—grades 7 through 12. All secondary pupils

shall have the opportunity for regular physical education, but not less than three

times per week in one semester and two times per week in the other semester, . . .

Students in ungraded programs must receive physical education at a duration and fre-

quency specified for their grade-level peers in the Regulations of the Commissioner.

What is adapted physical education (APE)?

Adapted physical education is a specially designed program of developmental activi-

ties, games, sports, and rhythms suited to the interests, capabilities and limitations of stu-

dents with disabilities who may not safely or successfully engage in unrestricted participa-

tion in the activities of the regular physical education program. The safety of students must

be considered when planning and implementing APE programs. The Individuals with

Disabilities Education Act requires that special education, including instruction in physical

education, be provided at no cost to parents. Adapted physical education may be supple-

mented by related services, intramural sports, athletics, or other experiences that are not pri-

marily instructional. However, these services cannot be provided in place of an adapted

physical education program.

Who is qualified to teach adapted physical education in New York State?

According to Section 135.4 (c)(1)(iv) of Commissioner’s Regulations, instruction in APE

for students, ages 5-21, must be provided by a certified physical education teacher. It is

recommended that physical educators teaching APE for more than 50 percent of their

workload have at least 12 semester hours of teacher preparation in APE.

Who determines whether a student with a disability needs adapted physical education?

In accordance with Article 89 of Education Law and Part 200 of the Regulations of the

Commissioner of Education, the Committee on Special Education (CSE) conducts an indi-

vidual evaluation, determines whether a student has a disability and is eligible for special

education programs and services, and develops an individualized education program

(IEP). The IEP must indicate the extent to which the student will participate in physical

education including adapted physical education, if appropriate. It is recommended that

a certified physical educator conduct the evaluation to determine the need for APE. The

CSE must ensure that the evaluation results are discussed and the participation of the

evaluator is sought through written and/or verbal means.

Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified indi-

vidual with a disability shall by reason of his/her disability be excluded from the participa-

tion in, be denied the rights of, or be subjected to discrimination under any program or

activity. The definition of a person with a disability under Section 504 is broader than the

definition of “a child with disability” under Article 89 of the Education Law and the

Individuals with Disabilities Education Act. To be eligible under Section 504, an individual

evaluation of student needs is conducted by a multidisciplinary team, including persons

knowledgeable about the child. The multidisciplinary team, based on the evaluation

data, recommends placement options and determines accommodations necessary to

ensure access to all public school programs and activities. The multidisciplinary team may

need to invite a specialist (i.e., physical education teacher, physical therapist, etc.)

knowledgeable about the child, to assist with the child’s program development. This may

include an adapted physical education program.

Should all students be assessed to determine a unique need in the area of physical

education?

It is highly recommended that school districts institute a formal assessment program to

determine if any student has a unique need in physical education. The first step in an

assessment program is screening. The purpose of screening is to identify students who

should be evaluated further. A wide variety of measures can be used in a screening

process, including those tests which are routinely given by the district (e.g., physical fitness

tests) or less formal measures such as checklists and rating scales. Students should be

referred for more testing by the Committee on Special Education if:

a)they consistently score below the 20th percentile (or equivalent) on standardized

measures for physical education,

b)they consistently fall below criterion-referenced standards associated with physical

education, or

c)the physical education teacher feels, based on his/her professional judgment, that

the student may have a unique need.

Instituting a formal assessment program does not imply that all students receive an

in-depth evaluation.

How does a Committee on Special Education (CSE) determine whether a student needs to

receive APE?

The CSE uses the individual evaluation process and the Committee‘s discussion of

those evaluations to determine a student’s need for adapted physical education. The

individual evaluation must include a physical examination; an individual psychological

assessment (an individual psychological evaluation, if determined to be necessary by

the school psychologist); a social history; an observation of the student in the current

educational setting; and other appropriate assessments or evaluations as necessary to

ascertain the physical, mental, and emotional factors that contribute to the student’s

disability. Additionally, the Committee must consider the academic or educational

achievement and learning characteristics, social development, physical development,

and management needs of the student. When a student is referred to the Committee

because of unique physical education needs, a physical educator should be included

in the evaluation process, as well as in the determination of the need for APE and in the

development of the IEP.

Must physical education be included on the Individualized Education Program of students

with disabilities?

Yes. The information that needs to be included in the individualized education program

(IEP) depends on the physical education needs of the individual and the type of physical

education program that is to be provided. Every student’s IEP must include a description

of the student’s physical development in accordance with Section 200.1(kk) of the

Commissioner’s Regulations. The following descriptions are optional physical education

programs that may be seen on an IEP.

• Regular physical education. If students with disabilities are enrolled in a regular

physical education program, it should be noted on the IEP.

• Regular physical education with adaptations and/or special equipment. For

these students, the IEP should:

a)include under “Present Level of Performance” a brief statement of the physical

education needs that require adaptations/special equipment; and

b)describe in the educational services component of the IEP the special adapta-

tions/special equipment that are necessary.

• Adapted physical education. For these students, a program designed to meet

the unique needs of the student should be described in all of the following com-

ponents of the IEP:

• present levels of performance and individual needs of the student (e.g., physi-

cal development, including motor and sensory development, health, vitality,

and physical skills or limitations);

• the frequency and duration of the APE program;

• the annual goals and short-term objectives;

• special equipment and/or adapted devices; and

• evaluation criteria, evaluation procedures, and schedules to be followed to

determine if goals and objectives are met.

Is adapted physical education a related service?

No. The term “special education” means specially designed instruction, including

instruction in adapted physical education, to meet the unique needs of a student with a

disability. Since adapted physical education is a part of the definition of special educa-

tion, it is a direct service, not a related service.

The term “related services” means speech pathology, audiology, psychological ser-

vices, physical therapy, occupational therapy, counseling services, including rehabilita-

tion counseling services, medical services, parent counseling and training, school health

services, school social work, other appropriate developmental or corrective support

services, appropriate access to recreation, and other appropriate support services which

are provided to students with disabilities in order for them to benefit from their special

education program. Related services do not include a program of physical education or

APE.

How do physical education/special education departments within school districts

evaluate district-wide adapted physical education programs?

As with other disciplines, ongoing evaluations/assessments of the effectiveness of the

total physical education program should take place in order to identify strengths or weak-

nesses. Subsequently, it is important to implement changes to strengthen the identified

areas of weakness.

It is recommended that a partnership between the directors of special education and

physical education be established to develop and/or improve the APE program.

A rating scale developed by the district or the one included in Section III of this docu-

ment should be administered on a three-year cycle in order to measure program effec-

tiveness. Following the evaluation of the program, an action plan and timelines should be

established to improve the quality of the program.

What are appropriate class sizes for students receiving adapted physical education?

The size of APE classes (number of students per class) should conform with what is con-

tained in a student’s IEP. When students requiring an APE program are included in inte-

grated classes, consideration must be given to the total class size and support services so

that all students are able to benefit from instruction.

Under what circumstances would an aide be required for a student with a disability in an

adapted physical education program?

If a one-to-one aide is indicated on the student’s IEP in all instructional areas, that aide

must be provided for the adapted physical education class. However, the (IEP) may

indicate that the provision of an aide is limited to certain areas of the student’s educa-

tional program.

Where must an adapted physical education instruction be provided?

When scheduling the use of physical education facilities, students receiving APE must be

given equitable access to all physical education facilities. Adapted physical education

and extracurricular programs for students with disabilities must be conducted in safe envi-

ronments appropriate for the students’ individual needs.

Can a parent or physician exempt a student from physical education or APE?

No. In New York State, physical education is required for all students grades K-12, as

specified in Section 135.4 of the Commissioner’s Regulations. (See Section II)

What is the role of the physician with regard to adapted physical education?

Physicians or other medical personnel may be called upon to provide and interpret

medical information to assist Committees on Special Education in determining whether

an APE program should be considered for a student and to help determine what activi-

ties would be appropriate.

Does the State Education Department monitor schools to ensure compliance with adapt-

ed physical education requirements?

Yes. The State Education Department (SED) has responsibility for monitoring adapted

physical education programs. Questions regarding compliance with APE can be directed

to the Physical Education Office at (518) 474-5820, the Office for Special Education

Services at (518) 473-2878, or the regional offices of the Office for Special Education

Services, Office for Vocational and Educational Services for Individuals with Disabilities

(see Resources section).

How can assistive technology devices be used in a regular physical education class or

adapted physical education class?

Students with disabilities can maintain or improve their functional capabilities through

the use of assistive technology devices. Assistive devices in a physical education class

might include beeping balls or goalposts, wheelchairs adapted for participation in sports,

game rules in braille or on audiocassette, balance or positioning aids, and adapted

sports or fitness/exercise equipment. Assistive technology must be indicated on the stu-

dent’s IEP under special equipment and/or adaptive devices.

INTERSCHOLASTIC ATHLETICS

Must students with disabilities be afforded equal access to interscholastic athletic

programs?

Yes. Consistent with the Individuals with Disabilities Education Act, Article 89 of

Education Law, Section 504 of the Rehabilitation Act of 1973, and Section 200.2(b)(1) of

the Regulations of the Commissioner of Education, each Board of Education must estab-

lish procedures to ensure that students with disabilities have equal opportunity to attain

the same benefits from participation as any other students in extracurricular programs

(i.e., interscholastic athletics). All districts must comply with the athletic eligibility rules of

the Commissioner of Education in order to participate.

To ensure compliance with the above, reasonable accommodations must be provided

to students with disabilities to enable them to be full participants in interscholastic pro-

grams. It is recommended that Committees on Special Education or multidisciplinary

teams under Section 504 discuss with students with disabilities their interest in interscholas-

tic athletics to guarantee equal opportunity to participate in these activities.

SECTION II

FEDERAL AND STATE REGULATIONS

FEDERAL AND STATE REGULATIONS REGARDING PHYSICAL EDUCATION

he following are excerpts from federal and State regulations regarding physical edu-

cation, adapted physical education, and extracurricular activities, such as athletic

programs.

PART 300 OF THE CODE OF FEDERAL REGULATION

300.17 Special education

(a) (l) As used in this part, the term “special education” means specially designed

instruction, at no cost to the parents, to meet the unique needs of a child with a disability,

including—

(i) . . .

(ii) Instruction in physical education.

(2) . . .

(3) . . .

(b) The terms in this definition are defined as follows:

(l) . . .

(2) “Physical education” is defined as follows:

(i) The term means the development of—

(A) Physical and motor fitness;

(B) Fundamental motor skills and patterns; and

ing intramural and lifetime sports).

(ii) The term includes special physical education, adaptive physical education,

movement education, and motor development.

(Authority: 20 U.S.C. 1401(a)(16))

300.307 Physical education

(a) General. Physical education services, specially designed if necessary, must be

made available to every child with a disability receiving Free Appropriate Public

Education (FAPE).

(b) Regular. Physical education. Each child with a disability must be afforded the

opportunity to participate in the regular physical education program available to nondis-

abled children unless—

(l) The child is enrolled full time in a separate facility; or

(2) The child needs specially designed physical education, as prescribed in the

child’s IEP.

in a child’s IEP, the public agency responsible for the education of that child shall provide

the services directly, or make arrangements for those services to be provided through

other public or private programs.

(d) Education in separate facilities. The public agency responsible for the education of

a child with a disability who is enrolled in a separate facility shall ensure that the child

receives appropriate physical education services in compliance with paragraphs (a) and

(Authority: 20 U.S.C. 1401(a)(16); 1412(5)(B); 1414(a)(6))

PART 200 OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

200.1 Definition

(b) Adaptive* physical education means a specially designed program of develop-

mental activities, games, sports and rhythms suited to the interests, capabilities and limi-

tations of students with disabilities who may not safely or successfully engage in unre-

stricted participation in the activities of the regular physical education program.

* Nationally, the recognized term is adapted physical education. Therefore, in this document we

will use the term adapted physical education to indicate adaptive physical education.

200.2 Board of Education Responsibilities

(b) Written policy. Each board of education or board of trustees shall adopt written pol-

icy that:

(l) establishes administrative practices and procedures to ensure that students with

disabilities residing in the district have the opportunity to participate in school district

programs, to the maximum extent appropriate to the needs of the student including

extracurricular programs and activities, which are available to all other students

enrolled in the public schools of the district. . .

200.4 Procedures for referral, evaluation, individualized education programs (IEP)

development, placement, and review

(1) . . .

(2) If the student has been determined to be eligible for special education services,

the recommendation shall:

(i) report the present levels of performance and indicate the individual needs of

the student according to each of the four areas listed in section 200.1 (kk) of this Part;

(ii) indicate the classification of the disability;

(iii) list annual goals that are consistent with the student’s needs and abilities and

short-term instructional objectives and evaluative criteria, evaluation procedures,

and schedules to be followed during the period beginning with placement and end-

ing with the next scheduled review by the committee. Such short-term instructional

objectives shall be measurable, intermediate steps between present levels of educa-

tional performance and the annual goals that are established for a student with a

disability;

(iv) indicate the recommended program from the options set forth in section 200.6

of this Part, the class size, if appropriate, and the extent to which the student will par-

ticipate in regular education programs, including:

(a) physical education or adaptive physical education;

(b) occupational education, if appropriate; and

teacher services;

(v) indicate the projected date for initiation of special education and related ser-

vices, the amount of time per day the student will receive such services, whether the

student is eligible for a 12-month special service and/or program and the identity of

the provider of services during the months of July and August, and the projected

date of the review of the student’s need for such services;

(vi) describe any specialized equipment and adapted devices needed for the

student to benefit from education;

(vii) list those testing modifications to be used consistently by the student in the

recommended educational program; and

(viii) indicate the recommended placement.

Note: To obtain a complete copy of Part 200 of the Regulations of the Commissioner of Education and Part 300 of the Code

of Federal Regulation, contact your local Special Education Training and Resource Center (SETRC). See Section III for a listing.

PART 100 OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

Section 100.2 General School Requirements

(k) Nondiscrimination in curricular and extracurricular activities. No student shall be

denied membership or participation, on the basis of race, sex, marital status, color, reli-

gion, national origin, or disability, in any program or activity which is included in a school

program of curricular or extracurricular activities, provided that:

(l) in the case of students with handicapping conditions, such activity shall be appro-

priate to a student’s special educational needs as identified by the Committee on

Special Education;

(2) male and female participation in extraclass athletic activities shall be in accor-

dance with the provisions set forth in section 135.4(c)(7) of this Title;

(3) . . .

(4) . . .

(s) Students with handicapping conditions.

(l) Each student with a handicapping condition, as such term is defined in section

200.1(cc) of this Title, shall have access to the full range of programs and services set

forth in this Part to the extent that such programs and services are appropriate to such

student’s special educational needs.

(2) Instructional techniques and materials used by schools shall be modified to the

extent appropriate to provide the opportunity for students with handicapping condi-

tions to meet diploma requirements. At each annual review of a student’s individual-

ized education program, the Committee on Special Education shall consider the

appropriateness of such modifications.

PART 135 OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

Health, Physical Education, and Recreation Regulations

Section 135.1 Definition

(e) Adaptive physical education is a specially designed program of developmental

activities, games, sports, and rhythms suited to the interests, capacities, and limitations of

students with disabilities who may not safely or successfully engage in unrestricted partici-

pation in the activities of the regular physical education program.

135.4 Physical education.

(a) School district plans. It shall be the duty of trustees and boards of education to

develop and implement school district plans to provide physical education experiences

for all pupils as provided in this section. Such current plans shall be kept on file in the

school district office and shall be filed with the Division of Physical Education, Fitness,

Health, Nutrition, and Safety Services*. All school districts shall comply with the provisions

of this section by August 1, 1982. However, the requirement for submission of a plan shall

become effective by January 1, 1983. A school district may conduct an instructional

physical education program which differs from, but is equivalent to, the required program

of instruction set forth in paragraph (2) of subdivision (c) of this section, with the approval

of the Commissioner. An equivalent program may be implemented only after approval

from the Division of Physical Education, Fitness, Health, Nutrition, and Safety Services. A

request for approval to conduct an equivalent instructional physical education program

shall be filed with the Division of Physical Education, Fitness, Health, Nutrition, and Safety

Services, and shall include the:

(l) program goals and objectives;

(2) way in which students are to be scheduled and the length of time daily, weekly,

monthly, or yearly;

(3) program activities offered at each grade level or each year of instruction; and

(4) assessment activities for determining the students’ performance toward the goals

and objectives of the program.

(b) Nonpublic schools. Similar courses of instruction shall be prescribed and maintained

in private schools in the State, and all pupils in grades kindergarten through 12 shall

attend such courses. If such courses are not established and maintained in any private

school, instruction in such school shall not be deemed to be substantially equivalent to

instruction given to children of like ages in the public school or schools of the city or

district in which the child resides.

(l) Curriculum. (i) The curriculum shall be designed to:

(a) promote physical activity and the attainment of physical fitness, and a desire

to maintain physical fitness throughout life;

(b) attain competency in the management of the body and useful physical skills;

(d ) motivate expression and communication;

(e) promote individual and group understanding;

* now known as the Office of Curriculum, Instruction, and Assessment

(f) provide knowledge and appreciation of physical education activities;

(g) make each individual aware of the effect of physical activity upon the body;

(h) provide opportunities for the exercise of pupil initiative, leadership, and

responsibility; and

(i) reinforce basic learnings of other areas of the total school curriculum.

(ii) There shall be experiences of sufficient variety in each of the following:

(a) basic and creative movement;

(b) rhythm and dance;

(d) perceptual-motor skills;

(e) individual and team sports;

(f) gymnastics;

(g) aquatics, where possible;

(h) lifetime sports activities;

(i) outdoor living skills; and

(j) other appropriate activities which promote the development of boys and girls.

(iii) There shall be opportunity provided for participation in appropriate extraclass

activities.

(iv) There shall be activities adapted to meet the needs of pupils who are tem-

porarily or permanently unable to participate in the regular program of physical edu-

cation. Adapted physical education programs shall be taught by a certified physical

education teacher.

(v) There shall be continuous evaluation of the instructional program and assess-

ment of individual pupil needs and progress. Appropriate cumulative records shall be

maintained which cover the essential features of the physical education program for

each pupil, and when a pupil transfers to another school, such records shall be

transferred with the student’s transcript.

(2) Required instruction. (i) Elementary instructional program—grades K through 6.

(a) all pupils in grades K-3 shall participate in the physical education program on

a daily basis. All pupils in grades 4-6 shall participate in the physical education pro-

gram not less than three times each week. The minimum time devoted to such

programs shall be at least 120 minutes in each calendar week, exclusive of any

time that may be required for dressing and showering; or

(b) as provided in an equivalent program approved by the Commissioner of

Education.

(ii) Secondary instructional program—grades 7 through 12. All secondary pupils

shall have the opportunity for regular physical education, but not less than three

times per week in one semester and two times per week in the other semester, taught

by a certified physical education teacher, and all such pupils shall participate in the

physical education program either:

(a) a minimum of three periods per calendar week during one semester of each

school year and two periods during the other semester; or

(b) a comparable time each semester if the school is organized in other pat-

terns; or

extraclass programs for those pupils who have demonstrated acceptable levels of

physical fitness, physical skills, and knowledge of physical education activities; or

(d) for pupils in grades 10 through 12 only, a comparable time each semester in

out-of-school activities approved by the physical education staff and the school

administration; or

(e) as provided in an equivalent program approved by the Commissioner of

Education.

(3) Attendance. (i) All pupils shall attend and participate in the physical education

program as approved in the school plan for physical education and as indicated by

physicians’ examinations and other tests approved by the Commissioner of Education.

Individual medical certificates of limitations must indicate the area of the program in

which the pupil may participate.

(ii) School district plans shall indicate through the sequential curriculum the steps to

be taken to insure that each pupil meets the requirement for participation in a physi-

cal education program which complies with the provisions of this section. School dis-

tricts may award local diploma credit for the required program, and may also submit

plans for elective units in physical education for additional credit.

(4) Personnel. (i) Elementary classroom teachers may provide instruction under the

direction and supervision of a certified physical education teacher.

(ii) When students participate in out-of-school activities as part of alternative pro-

grams, such activities may be taught by noncertified personnel, provided they have

appropriate experience and are so approved by the board of education.

(iii) Each school district operating a high school shall employ a director of physical

education who shall have certification in physical education and administrative and

supervisory service. Such director shall provide leadership and supervision for class

instruction, intramural activities, and interschool athletic competition in the total phys-

ical education program. Where there are extenuating circumstances, a member of

the physical education staff may be designated for such responsibilities, upon

approval of the Commissioner. School districts may share the services of a director of

physical education.

(5) Facilities. . .

(6) Administrative procedures. . .

(7) . . .