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DID YOU KNOW Extracurricular and Nonacademic Activities

2004 Reauthorization of IDEA. Contains required IEP content.Includes the following regarding supplementary aids and services:Aids, services, and other supports that are provided in regular education classes, other education-related settings, and in extracurricular and nonacademic settings, to enab

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DID YOU KNOW Extracurricular and Nonacademic Activities

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    1. DID YOU KNOW? Extracurricular and Nonacademic Activities Teri B. Goldman Alefia Mithaiwala Michael Hodge Mickes Goldman OToole, LLC (c) Mickes Goldman O'Toole, LLC

    2. 2004 Reauthorization of IDEA Contains required IEP content. Includes the following regarding supplementary aids and services: Aids, services, and other supports that are provided in regular education classes, other education-related settings, and in extracurricular and nonacademic settings, to enable children with disabilities to be educated with nondisabled children to maximum extent appropriate. (c) Mickes Goldman O'Toole, LLC

    3. Nonacademic Services 1999 regulation Each public agency shall take steps to provide nonacademic and extracurricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation those services and activities. (c) Mickes Goldman O'Toole, LLC

    4. Nonacademic Services 2006 regulation Each public agency must take steps, including the provision of supplementary aids and services determined appropriate and necessary by the childs IEP Team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation in those services and activities. (c) Mickes Goldman O'Toole, LLC

    5. Nonacademic Services Derived from IDEA which states that the IEP must include a statement of the special education and related services and supplementary aids and services that will be provided to the child to participate in extracurricular and other nonacademic services. Question are those necessary for FAPE? (c) Mickes Goldman O'Toole, LLC

    6. 504 Regulations Under 504, the recipient of federal funding must ensure that disabled persons have opportunity to participate with nondisabled persons to the maximum extent appropriate to the needs of the disabled person in nonacademic and extracurricular services and activities. (c) Mickes Goldman O'Toole, LLC

    7. Discrimination Prohibited ADA and Section 504 may not deny a qualified disabled person the opportunity to participate in or benefit from an aide, benefit or service. May not provide different or separate aids, services or benefits to disabled persons unless that is necessary to provide those that are as effective. (c) Mickes Goldman O'Toole, LLC

    8. 504 Regulations A recipient of federal funding that offers physical education courses or that sponsors or operates interscholastic, club or intramural athletics shall provide to qualified disabled students an equal opportunity for participation. (c) Mickes Goldman O'Toole, LLC

    9. Nonacademic Services The legal standard is one of equal opportunity for participation. Includes counseling services, recreational activities, transportation, health services, special interest groups,etc. (c) Mickes Goldman O'Toole, LLC

    10. Extracurricular and FAPE Participation in extracurricular activities and nonacademic services is not a FAPE issue. But 2004 reauthorization of IDEA Issue of accessibility and equal opportunity for participation. (c) Mickes Goldman O'Toole, LLC

    11. Program Accessibility All programs, services and activities must be accessible and usable by individuals with disabilities. Personal devices (i.e. hearing aids) need not be provided. E.G. Interpreters, braille. (c) Mickes Goldman O'Toole, LLC

    12. Criteria for Participation Can have guidelines for eligibility and continued participation. Must apply uniformly. Might need to consider waiver in certain circumstances. Must consider need for reasonable accommodation. (c) Mickes Goldman O'Toole, LLC

    13. CASES Shelby County (AL) Sch. Dist. (OCR 2002) student suspended 3 days from practice which resulted in dismissal from volleyball team. Under district rules, 3 unexcused absences from practices or meetings resulted in ouster. District applied policy uniformly. (c) Mickes Goldman O'Toole, LLC

    14. CASES Kern (CA) Union High Sch. (OCR 2003) - student initially denied position of water boy for football team because principal expressed concern that he might not be able to move fast enough to avoid being hit on sidelines. After IEP meeting, principal consulted with coach who agreed student could be water boy. As result, no 504 violation. (c) Mickes Goldman O'Toole, LLC

    15. CASES Moses Lake (WA) Sch. Dist. (OCR 2002) -- district offered appropriate accommodations for cheerleader tryouts. Marion County (FL) Sch. Dist. (OCR 2001) - district agreed to furnish student effective accommodations for cheerleader tryouts including opportunity to videotape instructions and demonstrations. (c) Mickes Goldman O'Toole, LLC

    16. CASES Uxbridge (MA) Pub. Sch. (OCR 1993) school failed to make programs and activities accessible because school had no raised letter or number signage to identify classrooms, offices, library, nurses office, cafeteria and gym. Affected access to all programs, activities and services at the school. (c) Mickes Goldman O'Toole, LLC

    17. CASES Fort Worth (TX) Indep. Sch. Dist. (OCR 1993) district violated 504 and ADA because two schools lacked accessible support facilities such as rest rooms, water fountains, alarm systems and signage. As result, district unreasonably limited participation of disabled students. (c) Mickes Goldman O'Toole, LLC

    18. FIELD TRIPS Where are you going?

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