Extracurricular
Sports for Students with Disabilities
by
Herbert D. Hinkle, Esq. and S. Paul Prior, Esq.
Hinkle,
Fingles & Prior, Attorneys at Law
2651 Main Street
Lawrenceville, New Jersey 08648
(609) 896-4200 or (215) 860-2100
A
recurring issue in special education is the inclusion
of children with disabilities on school sports teams
and other extracurricular activities. Both the Individuals
with Disabilities Education Act (“IDEA”)
and Section 504 of the Rehabilitation Act have requirements
that impact on this issue.
The
IDEA requires that a students’ Individualized
Education Program (“IEP”) include services
to ensure that the student is given opportunities
to participate in extracurricular activities, including
school sports, with non-disabled peers. In addition,
the IEP must specify the extent to which the student
will not be permitted to participate in extracurricular
activities. In most cases, the IEP will not specify
any limitation on this, which means that the student
should be given full access to extracurricular athletics.
Section
504 includes requirements that mirror those of the
IDEA. (All students covered under the IDEA are also
covered by Section 504.) In addition, Section 504
requires school districts to make accommodations to
ensure that students with disabilities are provided
with meaningful access to extracurricular activities,
and that students be provided with aids or supportive
services to assist in participating if necessary.
How
these rights play out for an individual student will
depend upon the student’s needs. When appropriate,
students may be provided with supports and services
to allow for participation on school teams. For example,
a sign language interpreter may be provided for a
student with a hearing impairment.
In
other cases, it may be appropriate to facilitate students’
involvement in a program such as Special Olympics
which can provide the opportunity to participate in
athletic activities specifically adapted to meet the
needs of students with disabilities.
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Hinkle,
Fingles, & Prior maintains a multi-state law practice
with offices in Lawrenceville, Marlton, and Florham
Park, New Jersey, and Yardley, and Plymouth Meeting,
Pennsylvania. They lecture and write frequently on
topics of law, aging, disability and estate planning
and are available
to speak to groups in New Jersey
and Pennsylvania at no charge.
Comments
and suggestions for future articles should be mailed
to: Hinkle, Fingles & Prior, Attorneys at Law,
2651 Main Street, Suite A, Lawrenceville, New Jersey
08648-1012.
Copyright
2006 Herbert D. Hinkle. All rights reserved.
