Delaware - Adaptive PE: Standards

Area: 
Standards
Policy Type: 
statute; regulation
Summary: 

State law addresses making PE inclusive, including adapted PE or accommodations when necessary.

Delaware Code 3101 Definitions

(5) "Free appropriate public education" means special education that is specially designed instruction including classroom instruction, instruction in physical education, home instruction and instruction in hospitals and institutions, and related services as defined by Department of Education rules and regulations approved by the State Board of Education and as may be required to assist a child with a disability to benefit from an education that:

  • a. Is provided at public expense, under public supervision and direction and without charge in the public school system;

  • b. Meets the standards of the Department of Education as set forth in this title or in the rules and regulations of the Department as approved by the State Board;

  • c. Includes elementary, secondary or vocational education in the State;

  • d. Is individualized to meet the unique needs of the child with a disability;

  • e. Provides significant learning to the child with a disability; and

  • f. Confers meaningful benefit on the child with a disability that is gauged to the child with a disability's potential.


Delaware Administrative Code 14-900-923 Children with Disabilities Subpart B General Duties and Eligibility of Agencies

8.0 Physical Education

Each public agency shall comply with the following:

  • 8.1 General: Physical education services, specially designed if necessary, shall be made available to every child with a disability receiving FAPE, unless the public agency enrolls children without disabilities and does not provide physical education to children without disabilities in the same grades.

  • 8.2 Regular physical education: Each child with a disability shall be afforded the opportunity to participate in the regular physical education program available to non disabled children unless:

    • 8.2.1 The child is enrolled full time in a separate facility; or the child needs specially designed physical education, as prescribed in the child's IEP.
  • 8.3 Special physical education: If specially designed physical education is prescribed in the 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.

  • 8.4 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 this section.

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