§ 300.108 Physical education.

Plain English summary

This section requires states to ensure that all children with disabilities receiving FAPE have access to physical education services, including specially designed physical education when prescribed in a child's IEP. Children with disabilities must generally be given the opportunity to participate in regular physical education alongside nondisabled peers, with exceptions for children in separate facilities or those needing specially designed services. Public agencies must provide or arrange specially designed physical education services directly or through other programs when required by the IEP.

Key requirements

• Physical education services, specially designed if necessary, must 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.
• Each child with a disability must be afforded the opportunity to participate in the regular physical education program available to nondisabled children unless 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.
• If specially designed physical education is prescribed in a child's IEP, the public agency responsible for the education of that child must provide the services directly or make arrangements for those services to be provided through other public or private programs.
• The public agency responsible for the education of a child with a disability who is enrolled in a separate facility must ensure that the child receives appropriate physical education services in compliance with this section.

Affected parties

• State educational agencies
• Public agencies
• Children with disabilities receiving FAPE
• Children enrolled in separate facilities

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.108