Special Education Sports Eligibility/Discrimination

[lockhart.family]

What is the name of your state? Michigan
Recently (two days ago) our son, a special education student, was called down to the High School office by the Athletic Director to inform him he was no longer eligible to participate on the Bowling Team. This news was communicated to my son, without our knowledge or any attempt to contact us (his parents). My son has been participating on this Bowling Team for two months now and the season is near its completion. In addition, we were required to pay a $150 participation fee. ...... The reason given to my son regarding his ineligibility was due to his "failure to meet the academic (grades) requirements". His low grades and academic difficulties were the reason we had him tested and then placed into special education.....Although the special education program has helped, my son will never reach the athletic "grade requirements". My question is: Are there special circumstances or a separate set of "grade requirements" for special education students? Frankly, I consider this discrimination.... Do I have any rights as a parent?

 

[fairisfair]

have you addressed this with the principal, or the district? there must certainly be other methods of measuring your childs development than the standard grading policy.

I would start hollering to everyone that would listen. starting with those mentioned above.

 

[Bloopy]

Iep?

Does your child have an IEP? 504? If he does, and he is failing then he is not meeting his annual goals. In essence, it isn’t working for him and the IEP team must reconvene. This is by far, a more important issue than bowling. You can and should request Child Study but the school should have too.

Be honest. If the work is too hard and the goals unrealistic then his educational program needs to be modified. If he isn’t doing squat in school, and you know it, you shouldn’t be defending his bowling rights. In my area the rule for participation in athletics is “take 5 pass 5.” Being in Special Education does not exempt one from this rule.

Specifically, what criterion is he not meeting?

 

[BelizeBreeze]

Are there special circumstances or a separate set of "grade requirements" for special education students? Frankly, I consider this discrimination....

The answer to your question must be addressed to the school board. however, regarding your last comment, it doesn't matter what you consider this. If other students are required to either complete a certain course of study or maintain a certain grade point to participate, then it would DEFINATELY be discrimination if your son was not also required to maintain the same qualifications.

Do I have any rights as a parent?

No. but your son MIGHT, depending on the answers to the questions you will be addressing to the school board.

 

[StephenH]

Response from a Disability Rights Presenter!

My answer to this, is yes and no. You need to find out some more info here!

1) It is illegal to deny school sponsored extracurricular activites simply because a person has a disability, is recieving special ed, has an IEP, has a 504 plan, etc. The common excuse by school districts in terms of" lack of paraprofessional support after hours and therefore has to pay overtime" is illegal.

2) Yes, I beleive that special ed students fall under "no pass, no play" rules. However, if the special ed student has a modified curriculum, differenicated instruction, etc the person should be eligible for extracurricular activites (such as in this case bowling), provided he/she passes the assignments given to him/her in the alternative curriculum he/she recieves.

3) Additionally, the "being in school" requirement for a certain length of time on the day to be eligble to participate during the day should count any special ed time during the day such as speech therapy, OT, PT, segregated classes, and other special ed services the person recieves.

4) If your child is failing, you may want to call another IEP meeting, assuming he is under IDEA