Fitness for the Physically or Mentally Challenged Child
Under the federal Individuals with Disabilities Education Act (IDEA), the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act of 1973, all children with a physical or mental disability have a right to full participation in a physical education program. This means that the school integrate your child into the general physical education program, or, if required, make a special adaptive program available for him. If a special program is necessary, the school district is responsible for covering all costs.
The IDEA defines a child with a disability as one “with mental retardation, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and who, by reason thereof, needs special education and related services.”
These laws also mandate that your child have access to any extracurricular activities the school offers. Specifically, activity providers must make “reasonable accommodations” for your child's participation. Although the definition of what constitutes “reasonable” may be a point of contention, generally it is any adjustment or provision of special equipment that does not impose an undue financial hardship on the school and does not endanger the health or safety of other students in the program. Has your school denied your child participation in extracurricular or fitness activities? An attorney with experience in disability law can help you determine whether the decision is in compliance with the ADA and other federal laws.
There are a number of national organizations and advocacy groups dedicated to the promotion of organized sports for the physically challenged. Turn to Appendix B for contact information for these programs and for information on disability law as it relates to your child's education.
