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Adapted Physical Education Advocacy

by Leonard Kalakian PhD
Professor,
Department of Human Performance
MSU #28
Mankato, MN 56002-8400
USA

All that appears herein is the opinion of the author. Author invites e-mail dialog addressed to leonard.kalakian@.mankato.msus.edu

Adapted Physical Education for Whom?

Adapted physical education is for persons who, for whatever reason, are unable to participate safely or successfully in regular physical education. Students receiving adapted physical education may receive instruction in a variety of settings (i.e., educational environments). Placement in any given setting is a judgment call, and is determined according to where student most likely can achieve her/his physical education potential.

Adapted physical education practices vary widely. Quality of practice/service can range from exemplary to terrible. In some cases, students who would benefit most from physical education outside the regular education setting are taught by a teacher specially licensed in adapted physical education. In other cases, a similar student might be taught by one with no specific, formal adapted physical education expertise. In all states, veterinarians treating farm animals in crisis are required to have more formal education than are physical education teachers of students who have disabilities...an odd ordering of priorities, to be sure!

With passage of Public Law 94-142 (Education of All Handicapped Children Act) and its "offspring" Public Law 101-476 (Individuals with Disabilities Education Act) physical education is afforded primary service status by virtue of physical education's explicit inclusion in the law's definition of special education. Special education is defined as:

"specially designed instruction, at no cost to parents or guardians, to meet the unique needs of a child with a disability, including-
(A) instruction in the classroom, in the home, and in other settings;
and
(B) instruction in physical education (PL 101-476, Sec. 1401 [16]

Perhaps the primary significance of physical education's being afforded primary service status is that physical education (vis a vis PL 101-476) is special education, and, thereby is the federally mandated right of every student protected under PL 101-476.

Congress' intention that physical education be afforded primary service status became resoundingly clear when authors of Public Law 94-142 (predecessor to PL 101-476) included the following statement in the law's final language (Note: The word "handicap" appers herein, becuase PL 94-142 language preceeded that of PL 101-476):

"Special education as set forth in the Committee bill includes instruction in physical education, which is provided as a matter of course to all nonhandicapped children enrolled in public elementary and secondary schools. The Committee is concerned that although these services are available to and required of all children in our schools, they are often viewed as a luxury for handicapped children. The Committee expects the Comissioner to take whatever action is necessary to assure that physical education services are available to all handicapped children, and has included physical education within the definition of special education to make clear that such services, especially designed where necesary are to be provided as a integral part of the educational program of every handicapped child". (Federal Register 1977, p. 42489)

Adapted Physical Education Defined

While physical education may have many definitions, the definition, as it applies specifically to students who have disabilities, appears in the Eduation for All Handicapped Children Act (PL 94-142) and later within the Individuals with Disabilities Act (PL 101-476). Here, physical education is defined as follows":

The term (physical educaiton) means development of: (A) physical and motor fitness; (B) fundamental motor skills and patterns; and (C) skills in aquatics, dance, individual and group games and sports (including intramural and lifetime sports). (Federal Register 1977, 42480)

Major significance of this definition is that it circumscribes that which is physical education in the eyes of the mandate. Of interest to this observer is that this definition of physical education makes no explicit mention of social development. Is this absence of reference to social development through physical education in the law's language an omission or comission? Given absence of explicit reference to social development within the definition of phyiscal education, might one argue that students whose only disability is emotional disturbance (i.e., behavioral); but who otherwise demonstrate good (A) phyiscal and motor fitness, (B) fundamental motor skills and patterns, (C) skills in aquatics, dance, individual and group games and sports (including intramural and lifetime sports) have no need for (or business in) adapted physical education? Interesting!

Physical Therapy and Occupational Therapy should NOT be Construed as Substitutes for Physical Education

Pursuant to PL 101-476, these therapies are specified as related services. Remember, all students are entitled to primary service (i.e., special education, including physical education). Correctly utilized, related services are provided, pursuant to PL 101-476, only when, in the judgment of persons designing a student's special education (i.e., primary service), student will be better enabled to achieve with respect to her/his special education. Physical therapy and occupational therapy, by virtue of their related service status, supplement but do not replace (i.e., substitute for) physical education.

Inclusion in Regular Physical Education: Uses and Abuses

Inclusion, the practice of integrating students with and without disabilities in instructional settings, is receiving much attention. Goals of inclusion, among others, are to enable students with disabities to be taught in the mainstream curriculum environment. Learning in inclusion settings allegedly provides essential "normalizing" experiences that enfranchise students with disabilities into mainstream learning and society. Inclusion, however, is not a panecea, and healthy skepticism is in order whenever a school , without qualification claims; "We practice full inclusion".

Correct answers to each of the following questions is highly desirable, if not esential, in determining (on an individual basis) if/when inclusion is, indeed, warranted:

  • Is the student with disability's education being/going to be compromised by her/his placement in the inclusion setting? Correct answer: NO. Rationale: Student with disability should not have quality of his/her learning experience compromised by placement in the regualr curriculum setting.
  • Is education of students without disability into whose class student with disability is being included being/going to be compromised by the latter's inclusion? Correct answer: NO. Rationale: Students without disability should not have quality of their education compromised by virtue of student with disability's having been placed int the regular curriculum setting.
  • Can student with disability reasonably be expected to participate successfully (with or without resource assistance) in lessons integral to the inclusion setting? Correct answer: YES. Rationale: Anything less than an in good conscience "yes" is not inclusion in the true spirit of inclusion. Often, it is mere "geographic proximity" achieved by whomever to promote agendas not necessarily compatible with educational best practices.

Adapted Physical Education as a Stand Alone Service

Physical education is afforded stand alone service status quite simply by virtue of its explicit inclusion within the PL 101-476 definition of special educaiton. Persons suggesting otherwise should be directed to this definition. Nothing in the mandate suggests a student must receive some "prerequiesite" kind of special education service (i.e., special education classroom placement) as a prerequisite to his/her eligibility for adapted physical education. A common arguement, one without merit in absence of qualification, is that a student assigned to an inclusion setting for classroom instruction obligatorially follows her/his classmates to regular physical education. Not true. Students with disabilities are legally entitled to an appropriate education, including physical education, in the least restrictive environment. While inclusion for classroom instruction purposes may be appropriate, inclusion for physical education instruction purposes may or may not. Needs of the individual, not a "one size fits all" mentality is an essential ingredient in purposeful physical education placement.

Equal Protection Under the Law: Students with Disabilities in Physical Education

Scenario: A high school princpal supports the decision to not designate teaching space for adapted physical education. He reaffirms; "You have only six emotionally/behaviorially disordered students third hour; I'm sure you'll get by just fine in the hallway". This account is anecdotal, not hypothetical. A junior high physical education chairperson states to her adapted physical education colleague; "We really don't want James in our weight room. He drools, you know (James has cerebral palsy). Let me assure you, the adapted physical educator does know!

Section 504 of the Rehabilitation Act of 1973 (PL 93-112) and the Americans with Disabilities Act (PL 101-336) clearly render above forms of discrimination unacceptable and, equally important, illegal. Each of the above outlaws discrimination solely on the basis of disability. Further, the Individuals with Disabilities Education Act (PL 101-476) guarantees all students with disabilities a free, appropriate education in the least restrictive evnironment.

What to do? Perhaps the child's best advocate is the parent/guardian. Reasonable, loving, caring parents/guardians; when they know their children's educational rights, often are their childrens' most vocal and effective advocates. The teacher of a student on the receiving end of outlawed discrimination might do well to inform parents/guardians of their student's educational rights. This information providing process may well precipitate parent/guardian advocacy/intervention when he/she understands and can quote the letter of the law. Often, at the local and/or state level there will be at least one organization having as its reason-for-being advocacy on behalf of children with disabilities. Services provided by such agencies range from offering advice to providing legal council. One example organization operating at the state level in Minnesota is the Parent Advocacy Coalition for Educational Rights (PACER).

The teacher as advocate for students with disabilities may turn to the local teacher organization for support. Local education agencies, often better than an individual teacher member working alone, may provide a critical mass of impetus for a recalcitrant colleague or administrator to reconsider her/his position.

Disability and Active Lifestyles-Related Sites on the Internet

Sites of interest to readers of this page are ever-increasing in number, ever-changing, and too numerous to list. The reader may go to anyone of a number of search engines and type-in the likes of "physical education" and disability or sport and disability and score numerous "hits." Not all "hits" will be good, to be sure; but the surfing experience is both enjoyable and informative. One recommended place to start is a site entitled disABILITY Links. The Recreation/Sports subheading in this site's table of contents might be a good place to start. Another site entitled Cyber-Active appears promising. This site, still under construction, already offers a very good array of adapted physical education-related information.

Len Kalakian invites your comments. All comments will be thoughtfully considered. Some, with your prior permission, may appear at this site as the Adapted Physical Advocacy Page continues to be revised.

Mankato State University
College of Allied Health and Nursing
Department of Human Performance
Mankato State University Adapted Physical Education Program (Undergraduate)
Mankato State University Adapted Physical Education Program (Graduate)

We also recommend you check the following web sites which were found at the Project INSPIRE web site:

Wrightslaw Advocacy Libraries

Fantastic Information including advocacy articles and advocacy tips.

Administration on Developmental Disabilities

A government administration through the Department of Health and Human Services.

Disability Rights Education and Defense Fund

The Disability Rights Education and Defense Fund, Inc. (DREDF) is a national law and policy center dedicated to protecting and advancing the civil rights of people with disabilities through legislation, litigation, advocacy, technical assistance, and education and training of attorneys, advocates, persons with disabilities, and parents of children with disabilities.

TASH: Disability Advocacy Worldwide

TASH is an international association of people with disabilities, their family members, other advocates, and professionals fighting for a society in which inclusion of all people in all aspects of society is the norm.

Parent Advocacy Coalition for Educational Rights (PACER)

PACER is a nonprofit organization that helps parents and families of children with disabilities. They have 25 programs assisting individuals with and without disabilities.

Advocacy Incorporated

This organization is known for its dedicated professionals who fight for the rights of individuals with disabilities in the schools and in the communities.

Parent Advocacy Coalition for Educational Rights (PACER)

This website is a resource for parents seeking a better understanding of the rights of individuals with disabilities to receive a free and appropriate education.

The Advocacy Partnership Project

The Advocacy Partnership Project, funded by the Washington State Developmental Disabilities Council, works with advocacy groups throughout the state to inform and educate individuals about the legislative process and current developmental disability issues. This year-round project also supports the combined efforts advocacy groups and individuals as they educate policy makers on issues affecting people with developmental disabilities.

Advocacy and Protection

A resource page of information related to advocacy for individuals with disabilities. Several organizations are listed which exist with the sole function of advocating for individuals with disabilities.