Creating Equal Opportunities for Children and Youth with Disabilities to Participate in Physical Education and Extracurricular Activities

FEDERAL LAWS

States and schools are required to provide equal opportunity to participate in physical education and extracurricular athletics by children and youth with and without disabilities. The Individuals with Disabilities Education Act (IDEA) requires schools to provide a “free appropriate public education” in the “least restrictive environment.” The definition of “special education” in section 602(29) of the IDEA includes instruction in physical education. Therefore, for some students with disabilities instruction in physical education may be a part of the special education services prescribed in their individualized education program (IEP). Section 504 of the Rehabilitation Act (Section 504) and Title II of the Americans with Disabilities Act (Title II) are federal civil rights laws that prohibit disability discrimination, including in public schools. Under Section 504, schools that receive Federal financial assistance must ensure that children and youth with disabilities have an equal opportunity to participate in the program or activity of the school, including extracurricular activities. Under Title II, public entities, including public schools, may not discriminate on the basis of disability in providing their services, programs, and activities.

OCR enforces Section 504 and Title II in the context of education. OCR investigates complaints of discrimination on the basis of race, color, national origin, sex, disability, or age pursuant to these and other laws. OCR collaborates with the Office of Special Education and Rehabilitative Services in supporting improved educational opportunities for children and youth with disabilities through policy guidance, technical assistance, and information dissemination.

IDEA defines a child with a disability as a child having one of the disabilities specified in section 602(3) of the IDEA who, by reason of the disability, needs special education and related services. The following categories of disability are included in the section 602(3) of the IDEA: developmental delay (only for children under the age of 9); intellectual disability (formerly known as mental retardation); hearing impairments including deafness; speech or language impairments; visual impairments including blindness; emotional disturbance; orthopedic impairments; autism; traumatic brain injury; other health impairments; and specific learning disabilities. Identification criteria are typically developed in state regulations based on the statutory definitions of the specified disability terms in 34 CFR §300.8(c). Some children meet the identification criteria for more than one disability, (e.g. deaf-blindness or multiple disabilities). In this document, the term “disabilities” refers to all categories of disability unless specifically noted. This inclusive meaning must inform the readers' understanding and interpretation of the document‟s suggestions, which are necessarily broad.¹