Q: Must all students participate in physical education?
A: Yes, all students must attend and participate in either the regular physical education class or an adapted physical education class. In New York State, all elementary and secondary students are required to receive physical education as a part of their educational program. See NYSED Physical Education FAQs for Physical Education Requirements

Q: When must students be provided with adaptive/modified PE programs?
A: Students in grades K-12 who are unable to participate in regular physical education classes for a period longer than 2 weeks must be provided with an adaptive/modified PE program. A medical note from a healthcare provider must indicate the area of the program in which the pupil may participate. The healthcare provider must indicate what activity restrictions or accommodations are required and for what duration, because removal from PE for greater than 2 weeks may indicate the need for a modified PE plan. 

Q: Are there any waivers or exemptions for physical education?
A: No. All pupils shall attend and participate. Individual medical certificates of limitations must indicate the area of the program in which the pupil may participate. School district plans must indicate steps to be taken to ensure that each pupil meets the requirements for participation in their physical education program. 

Q: Is the “family cardiac history reviewed” checkbox required for a student to participate in Physical Education? 
A: See the Dominic Murray FAQs page for information.

Q: What must be included in a Physical Education (PE) excuse note? 
A: Individual medical certificates of limitations (PE excuse note) must indicate the area of the program in which the pupil may participate. The healthcare provider must indicate what activity restrictions or accommodations are required and for what duration, because removal from PE for greater than 2 weeks may indicate the need for a modified PE plan. (see adaptive PE plan questions)

Q: How often should the PE excuse note be renewed or updated?
A: See the answer above.

Q: Can Physical Education (PE) /Athletic excuse notes by chiropractors be accepted?
A: School nurses can accept PE/ Athletic excuse notes/activity restrictions/accommodations from chiropractors that relate to their scope of practice, the spine/vertebral column. The Office of Professions - Chiropractic webpage has additional information regarding the scope of practice.

Q: Can PE/Athletic excuse notes by physical therapists be accepted?
A: School nurses can accept notes/activity restrictions/accommodations from physical therapists that relate to their scope of practice, the evaluation, treatment, or prevention of disability, injury, disease, or other condition of health using physical, chemical, and mechanical means. The Office of Professions - Physical Therapy webpage has additional information regarding the scope of practice.

• Depending on the nature of the injury and the required treatment, it may be possible in some circumstances for a physical therapist to indicate that a student may return to activity, especially if the physical therapist is the one who removed the student from the activity and has provided treatment pursuant to the direct access provisions of Education Law section 6731(d).
• If a physician or other referring professional directs that the student return to him or her for evaluation before returning to activity, the physical therapist would not be authorized to return the student to activity.
• If the note is related to a concussion, only a physician can provide clearance to return to activity if the concussion occurred during Athletic activities.

Q: Can PE/Athletic excuse notes by podiatrists be accepted?
A: School nurses can accept notes/activity restrictions/accommodations from a podiatrist related to their scope of practice. A podiatrist is a doctor of podiatric medicine (DPM) who treats, operates, and prescribes for any disease, injury, deformity, or other condition of the foot. The Office of Professions - Podiatry has additional information regarding the scope of practice.

Q: What is Adaptive Physical Education (APE)?
A: Adaptive Physical Education (APE) is developmentally appropriate physical education in which teachers adapt, modify, and/or change a physical activity so that it is as appropriate for a person with a disability as it is for a person without a disability. The federal law, the Individuals with Disabilities Education Act (IDEA), entitles students with disabilities to receive a free, appropriate public education, including appropriate physical education.

Q: Who is qualified to teach APE in New York State (NYS)?
A: According to NYS Commissioner's Regulation 135.4, APE instruction for students ages 5-21 must be provided by a certified physical education teacher. Students who are recommended for APE on their IEP must receive a program of adaptive physical education taught by a certified PE teacher.

Q: Where can I find resources related to APE?
A: The New York State Education Department has created the Adapted Physical Education Regulations, Recommendations, and Resources on its Adapted Physical Education Webpage for adapting or modifying PE for students with permanent or temporary disabilities. The Part II resource form has a sample form to request an adaptive plan from the private care provider.

Q: Must students with disabilities participate in physical education?
A: Yes. All students must attend and participate in either the regular physical education class or an adapted physical education class. The physician/provider must submit a Certificate of Limitations indicating what type of activity the student may do.