Receiving an "F" in PE with medical restriction?

[ejrivas]

California.

My son, a freshman in high school, recently injured his leg in an "open gym" basketball scrimmage. He has seen an orthopedic doctor who has excused physical activity for a month, however his PE teacher has failed him in his first grade report of the semester. HE has attended every PE class, but cannot participate in the activities due to his injury. Can the teacher fail him?

 

[Crazed98]

For how long was he not participating in PE class?

Did he hand a signed note from the doctor to the pe teacher?

 

[ejrivas]

California

Since my son was on crutches and could not bear any weight on the leg, the doctor wrote a note to medically excuse my son from physical activity for one month. This was 2 weeks ago.

Thanks for your reply and interest - any advice?

 

[stealth2]

California

Since my son was on crutches and could not bear any weight on the leg, the doctor wrote a note to medically excuse my son from physical activity for one month. This was 2 weeks ago.

Thanks for your reply and interest - any advice?

But did your son actually follow the school's procedure to make sure that note got to the right place to excuse him from PE?

 

[ejrivas]

Yes, of course. The point here is, given his following proper procedure for excusing his physical activity, can the PE teacher penalize him with a failing grade for not participating? Is it not incumbent on the teacher to either give him alternative "activity" or study, OR given the need to assess him, give him an "I" for Incomplete at this time?

 

[BelizeBreeze]

Yes, of course. The point here is, given his following proper procedure for excusing his physical activity, can the PE teacher penalize him with a failing grade for not participating? Is it not incumbent on the teacher to either give him alternative "activity" or study, OR given the need to assess him, give him an "I" for Incomplete at this time?

The simple answer is not, it is not "incumbant" upon the teacher to do anything except adhere to the state Educational code.

If your son can't perform the activities (for whatever reason) assigned to him then a failing grade is appropriate. Any other 'adjustment' needs to be taken up with the school or the district.

 

[ejrivas]

California.

You are absolutely wrong, but apparently you are aware of that since you direct me to the district. Indeed, the district will resolve this if the teacher or principal do not. Have you not heard of ADA? What would be the difference of failing a physically handicapped student with an IEP? This isn't a "for whatever reason" . . . he would be failing the class if he failed to perform the expected activities and could physically do so. The "reason" is exactly what this question is about! This is a temporary situation and the teacher has a duty to find alternative suitable work for his/her student in order that they may have an opportunity to succeed in the class as every other student does, during their temporary hiatus from physical activity. I'm sorry you don't understand the law or what would be acceptable practice (even morally). I hope you are also not a physical education instructor who does not understand his/her responsibility. That would be a shame for other students, not to mention that if you cannot spell incumbent, another shame for students you should be setting an example for.

I'll hope to receive a reply from someone who corroborates what is legal here. No need for you to reply again; I'm looking for someone who really knows. Thanks.

 

[Crazed98]

What did the principal and teacher say when you contacted them?

 

[notsmartmark]

If you cannot work this out with your principal, request a temp 504 Plan to be developed. If that doesn't work, file a complaint.

Most of the time, the alternative activities are identified and completed by a teacher. Developing a 504 Plan will require a different set of individuals.

This was not your responsibility to identify its need. So, they cannot say he has to make up work.


I couldn't have said it any better than you did.

What would be the difference of failing a physically handicapped student with an IEP? This isn't a "for whatever reason" . . . he would be failing the class if he failed to perform the expected activities and could physically do so. The "reason" is exactly what this question is about! This is a temporary situation and the teacher has a duty to find alternative suitable work for his/her student in order that they may have an opportunity to succeed in the class as every other student does, during their temporary hiatus from physical activity.

Here are some things that could hurt your case:
Do you have any information on the grade before the accident? The teacher could say he was receiving a failing grade before the injury.
Did he didn't miss too many days to receive a grade. If he did, the school could make an arguement that is not part of a reasonable accommodation. I wouldn't want to make if it is close, but some schools will.

To me, the school is crazy. I would guess the principal would want this to go away. I just depends on how strongly he or she bows to the PE staff.

Hopefully they understand that if you file an OCR complaint, OCR can, and many times do, expand the scope of their research. If OCR rules in your favor they become concerned that they would treat others just as poorly.

 

[ejrivas]

Thank you very much for your articulate and helpful response. I have left messages for the teacher, principal and counselor. I will file a complaint if this is not resolved. And, thank you for informing me that is was not my responsibility to identify the need for the 504 Plan or a plan for alternative activity for my son.
Before the accident, my son was probably at an A in the class, although I don't have confirmation of that from the teacher. My son is very athletic, able and as many athletic boys his age, competitive. He does not slack off in any classes, has an A in all others. He didn't miss any days before obtaining the medical excuse from his orthopedic doctor. My son has also reported that for every day he has been excused, he has to run two miles when he can. From your assessment, however, you say that he would not need to complete make-up work for this period of time.

Now, not to sound dense, but what does OCR stand for?

Thanks again for your insight and suggested recourse - it's extremely helpful.

If you cannot work this out with your principal, request a temp 504 Plan to be developed. If that doesn't work, file a complaint.

Most of the time, the alternative activities are identified and completed by a teacher. Developing a 504 Plan will require a different set of individuals.

This was not your responsibility to identify its need. So, they cannot say he has to make up work.


I couldn't have said it any better than you did.


Here are some things that could hurt your case:
Do you have any information on the grade before the accident? The teacher could say he was receiving a failing grade before the injury.
Did he didn't miss too many days to receive a grade. If he did, the school could make an arguement that is not part of a reasonable accommodation. I wouldn't want to make if it is close, but some schools will.

To me, the school is crazy. I would guess the principal would want this to go away. I just depends on how strongly he or she bows to the PE staff.

Hopefully they understand that if you file an OCR complaint, OCR can, and many times do, expand the scope of their research. If OCR rules in your favor they become concerned that they would treat others just as poorly.

 

[notsmartmark]

File an OCR complaint. In a letter let the principal, superintendent and special education director know have filed an OCR complaint. In the letter track your contacts with the district to inform them of the injury and your requests for solution. Include the solutions that they have presented, and state that your goal has always been to come to a reasonable solution to the problem they have developed. This should initiate a contact and hopefully a response. You can withdraw it if they move; if they don’t you have saved some time.

I'm assuming that the PE class is a general PE class and not a track/running class. If it is, which would be amazing, he should have been transferred to a different class w/out penalty. Does the entire class run 2 miles a day? Even if they do, it is not an accommodation, nor does it sound like a reasonable solution. Having him lift weights, tossing a Frisbee might be reasonable. And, if everyone doesn’t run 2 miles daily, it’s punishment.


OCR = Office of Civil Rights
Here's their site: http://www.ed.gov/about/offices/list/ocr/index.html
Here's info about OCR complaints: http://www.ed.gov/about/offices/list/ocr/complaints-how.html
Here's their mission statement: The mission of the Office for Civil Rights is to ensure equal access to education and to promote educational excellence throughout the nation through vigorous enforcement of civil rights.

Good luck.

 

[ejrivas]

Again, thank you very much. It is not a running/track class, but a general PE one. Also, of course, my son would have been/would be more than eager to perform an alternative exercise or study. The 2 mile cumulative running is indeed "punishment"or a requirement the teacher puts on every student who is in class but not participating, regardless of their reason. I will challenge that as well, or indeed identify it in my complaint.

I'm hoping I will hear from the teacher and vice principal today to allow the teacher an opportunity to change the grade to a Pass or Incomplete. If there is no cooperation, I will initiate the written communication to them and the district superintendent and begin the filing of the OCR complaint. I will post an update here to you and again, appreciate your guidance in this matter.

 

[notsmartmark]

An incomplete can be used as a means to extend the decision making process. If it was an academic course and an incomplete was going to be issued, almost always the student understands exactly which assignments needs to be completed.

If you are willing to accept an incomplete in this situation, you need to know exactly, in writing, what are you agreeing to have your son complete to receive a grade.

You have demonstrated in this forum, your desire is for solution, not blood. It's awesome, and it's right. But, you need to understand that there might be people at the table with different agendas.

 

[ejrivas]

Thanks again. You're astute - I am not after blood, but frankly don't care what others' agendas are. I'm seeking a fair and reasonable solution, with an emphasis on fair, both morally and legally. PE departments cannot make up rules that penalize students for physical disability, be they temporary or permanent disability. They, like other academic teachers, must respond to the needs of their students, which sometimes differ from the normal curriculum.

I did speak with the Instructor today who indicated that any student who misses a certain number of days of activity, is failed. So I responded that he was treating students who cannot participate for medical reasons the same as he would a student who is cutting his class. He couldn't argue, but reassured me that my son would have an opportunity to "make up" the missed classes by running 2 miles on 7 separate days after school from mid-November (just 7 days after my son's leg injury will have hopefully healed). Again, I pointed out that could he not have assigned my son a research paper on a physical education topic? Yes, he agreed he could do that in a couple of weeks, which will be when my son is back to full participation in the class with his medical release. This paper will be in addition to the running punishment. Why he could not make that assignment now or previously rather than fail my son is still an unanswered question and his response to my questions are still inadequate. He indicated he was following the policy of the physical education department.

I will keep you posted via this thread about the progression/resolution of this situation. Again, I greatly appreciate your insight and support!

 

[DRTDEVL]

That's nonsense... Let me tell you as story:

Back in 1991, I incurred a severe break in my left forearm. I couldn't participate in PE due to a cast from my shoulder to my fingers (and 2 surgeries to repair it) from March through the summer. My gym instructor assigned me a beast of an alternate assignment (or so I thought at the time)... I had to do 1 research paper on a professional athlete for each day I could not participate. I was sent to the library at the beginning of class, and I had to have the paper completed by the time that was set for my return... 45 minutes later. If I did not complete the paper, I got a "0" for the day. If I did complete it, it was graded, and that was factored into my average at the end of the semester.

I must say... That was the TOUGHEST semester of PE I have ever endured!

I got an A.