Extra-Curricular
Sports for Students with Disabilities
by
Herbert D. Hinkle, Esq. and Ira M. Fingles, Esq.
Herbert D. Hinkle
Law Office
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’ IEP provide services to ensure that the student
is given maximum 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
does 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. For
example, a student with a disability may be entitled to a sign language
interpreter, or even a one-to-one aide, if necessary to ensure that
the student is able to participate in the activity.
These rights apply
whether the student attends school in the district or in and out-of-
district placement. Indeed, children who attend out-of-district schools
for students with disabilities may benefit greatly from opportunities
to participate in extracurricular activities with non-disabled students
in the school district.
Herbert D. Hinkle,
and his colleagues, Ira M. Fingles and S. Paul Prior, maintain a statewide
law practice with offices in Lawrenceville, Marlton, and Florham Park,
New Jersey, and Yardley, 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: The Law Offices of Herbert
D. Hinkle, 2651 Main Street, Suite A, Lawrenceville, New Jersey 08648-1012.
Copyright 2003
Herbert D. Hinkle. All rights reserved.
