Laws Dealing with APA Issues in the United States of America
The purpose of Adapted Physical Education (APE) in the schools is to help children with disabilities, work towards becoming fit, healthy and productive members of society, working and earning their own wages. Also, Federal laws have been written to include Physical Education as a mandate on the Individual Education Program (IEP) for all children with disabilities, requiring all children with an IEP to have Physical Education (PE) or APE daily between 3 and 21 years of age.
Federal Laws include:
PL 89-10- The Elementary and Secondary Education Act (1965)
This law was one of the first federal commitments to the improvement of education. The core of the Act authorized a multi-billion dollar aid program to assist states in educating children from low-income families that were considered educationally deprived. Amendments to this Act allowed children who were "educationally disadvantaged" to be served by a number of school-based programs.
PL 89-313- The Elementary and Secondary Education Amendments (1965)
This federal law authorized the first state-level grant program specifically for children and youth with disabilities.
PL 89-750-The Elementary and Secondary Education Amendments (1966)
This law amended PL 89-10 and established the first grant program for local programs. It established the Bureau of Education of the Handicapped (BEH) and the National Advisory Council (now called the National Council on Disability).
PL 93-112- Section 504 Rehabilitation Act (1973),
mandating nondiscrimination of programs and facilities receiving federal funds. This law also specifically mentions physical education, intramurals, and interscholastic athletics stating” that where these services are provided for non handicapped individuals, the handicapped must also be afforded the opportunity to participate, without discrimination on the basis of handicap.” This has been interpreted in numerous court cases to mean that school districts cannot legally keep an individual with a particular handicap off a team if they provide a team for norm individuals and the parent is willing to sign a waiver of liability in case of injury. It also has been interpreted to mean that an individual with a particular handicap cannot be cut from a team because his/her handicap does not allow him/her to perform to a certain criteria set by a coach. School districts must allow the individual with a handicap to play on the regular teams or provide special athletic competitions for individuals with disabilities that are funded at the same level as the regular sports teams. A more complete version of this law is located at: http://www.disabilityoutreach.org/Beaver2002.html
PL-94-142- The Education for All Handicapped Children Act (1975) (EHA), stated specifically that instruction in physical education should be provided for all children with disabilities. This law also defined physical education to include “the development of physical and motor fitness, fundamental motor skills and patterns, aquatics, dance, and individual, group games and sports including intramurals and lifetime sports. “ The law makes physical education a direct service required each and every year daily for students identified as having a handicapped between 5 and 22 years regardless of what the state requires for normal students. Professional organizations and federal commissions have indicated that this should be 30 minutes daily for elementary level students and 45 minutes daily for secondary students. Adapted physical education is not a related service, it is a direct service, and by law a related service or athletics can not be substituted for the physical education service. A more complete version of the law can be located at: http://asclepius.com/angel/special.html
PL 95-606- The Amateur Sports Act (1978), recognizing the sport organization of athletes with disabilities as part of the United States Olympic Committee structure. The law established a need for the USOC to amend it’s constitution and develop Group E requiring the establishment of a Handicapped in Sports Committee made up of national amateur sports organizations that serve the disabled population and sponsored national athletic events.
PL 98-199 -The Education of the Handicapped Act Amendments of 1983
This law established research and demonstration projects to facilitate the transition from school to work for youths with disabilities. It also established Parent Training and Information centers and programs for research in early intervention and early childhood special education.
PL 99-372- Handicapped Children's Protection Act (1986)
This act allows parents or guardians to be reimbursed for reasonable legal costs if they WIN a hearing or court action. PL 99-372 requires that the case and the costs of the legal proceedings should be discussed with the lawyer prior to any legal action. The result of this law is that fewer school districts are appealing cases to higher courts and taking a closer look at meeting the needs of children with disabilities.
PL 99-457- EHA (1986)
amended PL 94-142 physical education services to expanded early intervention for infants and toddlers 3 to 5years of age with severe disabilities with lots of physical development emphasized and discretionary programs for early intervention services for infants and toddlers 0-2 years of age.
PL 100-407- Technology-Related Assistance for Individuals with Disabilities Act (1988) This act, a.k.a "The Tech Act," recognizes that students with disabilities need special equipment to perform better and more independently. PL 100-407 also authorizes funding to allow states to create statewide systems of technological assistance to meet those needs.
PL-101-476 - Individuals with Disabilities Education Act (IDEA) (1990), early intervention services, related services, transitional services, inclusion and assistive technology; combined PL 94-142 and 99-457 and replaced the term "handicap with "disability"
PL-101-336 - American with Disabilities Act (ADA) (1990), end discrimination against persons with disabilities and help them into the economic and social mainstream in American life. It opened the doors for individuals with disabilities to utilize golf courses and other facilities that were previously closed to their use.
PL 105-17- IDEA Amended (1997). Early intervention; person first language; related services; APE support services; qualified personnel; make productive leisure time; Free, Appropriate Public Education (FAPE); and Least Restrictive Environment (LRE); Individual Transition Program's (ITP) 14 and over; mandates fitness, motor, swim, dance and games. (note: Least restrictive environment does not always mean inclusion in regular classes unless it meets the physical, mental and emotional needs of the student.) A more complete version of this law is located at: http://www.venturacountyselpa.com/pl105_17.htm
PL 108-446 –The Individuals with Disabilities Education Improvement Act IDEIA (2004). This new law is in the process of having its regulations formulated and may have a new definition of physical education.