Extracurricular
Sports and Other Activities for Students With Disabilities
by
S. Paul Prior, Esq. and Ira M. Fingles, Esq.
Hinkle
& Fingles, 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. These types
of activities can provide great benefits to students
with disabilities, assuming appropriate supports are
provided. 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 and non-academic
activities with non-disabled peers, such as school
sports, extracurricular clubs and programs, or activities
such as field trips or community service projects.
In addition, the IEP must specify the extent to which
the student will not be permitted to participate in
extracurricular activities.
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.
Students
must be provided with specialized supports and services
when necessary to ensure effective access and participation
in extracurricular and non-academic activities. For
example, a student may require a one-to-one aide to
facilitate meaningful involvement. It is not necessary
that a student be able to participate at the same
level as non-disabled students; rather, the sole inquiry
should be whether participation will benefit the student
with disabilities. In certain cases, alternative means
of participation may be appropriate; for example,
a student may derive benefit from fulfilling an ancillary
role, such as equipment manager or scorekeeper. Likewise,
a student who wishes to participate in a school theatrical
event may be able to participate as a member of an
ensemble, or may assist in building sets and scenery,
operating lighting and sound equipment, or be responsible
for wardrobes and props. At all junctures, however,
care must be taken to avoid placing students with
disabilities in the role of “mascot” or
otherwise suggesting that the student with disabilities
is inferior or unequal to other students.
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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
2007 Herbert D. Hinkle. All rights reserved.
