Autism-World

Leca:Our current district takes my son to Special Olympics twice a year. This is the only sporting activity he goes to during the year.  These medals give him such a big boost of self confidence. I want to figure out a way to write it in his IEP so I am sure he gets to go!  Any ideas?

NJDad:This should help.  Google Herb Hinklefor more info.  This is based ona  major case they won.  The heartof it is askwhat sports events your district ahs for regualr ed kids and what the mirror offering is for disabled kids….   when they don’t have an answer, you’ve won. 

Extracurricular Sports For Students With Disabilities

by
Herbert D. Hinkle, Esq. and S. Paul Prior, 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. Both the Individuals with Disabilities Education Act (?DEA? and Section 504 of the Rehabilitation Act have requirements that impact on this issue.

The IDEA requires that a students?Individualized Education Program (?EP? 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???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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Herbert D. Hinkle, his partner, Ira M. Fingles, and their colleagues, S. Paul Prior and Valerie A. Powers Smith, maintain a statewide 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, 2651 Main Street, Suite A, Lawrenceville, New Jersey 08648-1012.

This entry was posted on Sunday, April 1st, 2007 at 12:48 am and is filed under Autism Education Issues.