Delaware Administrative Code
Title 14 - Education
900 - Special Populations
923 - Children with Disabilities Subpart B General Duties and Eligibility of Agencies
Section 923-8.0 - Physical Education

Universal Citation: 14 DE Admin Code 923-8.0

Current through Register Vol. 28, No. 3, September 1, 2024

Each public agency shall complywith 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.

(Authority: 20 U.S.C. 1412(a)(5)(A); 14 Del.C. § 3110)

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