Section 9: Nonacademic and Extracurricular Activities
This section of the IEP is seeking to have the IEP team discuss and document when and how a student with a
disability will have the opportunities to participate in nonacademic and extracurricular activities that are
necessary for the student to receive a Free and Appropriate Public Education (FAPE). This section applies to a
student between ages 3 and 21 years of age.
This requirement even applies to those students with disabilities who have been suspended or expelled from
school for a district that is the child’s district of residence.
The Federal law requires districts to have adopted and implemented written policies and procedures,
approved by the Ohio Department of Education, Office for Exceptional Children to ensure FAPE is made
available to all children with disabilities. A school district may not rely on generalizations about what students
with a type of disability are capable of.
Nonacademic services and extracurricular activities include such areas as:
counseling services
athletics
transportation
health services
recreational activities
special interest groups or clubs sponsored by the school district
referrals to agencies that provide assistance to individuals with disabilities and
employment of students, including employment by the school district and
assistance in making outside employment available
field trips
There is a requirement for the IEP team to discuss this subject and make individualized decisions related to
each student with disability and their participation in any of the above areas. The IEP team would consider
what, if any, with reasonable modifications or aids and services would be necessary for the student to be able
to participate completely or to a partial level.
If an IEP team is making a decision with the students and parents on the student’s participation in a
nonacademic or extracurricular activity, it is advisable for a school staff member who is overseeing the activity
be involved in the decision as to what supplementary aides and services would be necessary for the student’s
participation.
For activities not involving “cut” or “tryouts” to make the team the student with a disability may not be able to
fully participate in all of the requirements of the nonacademic or extracurricular activity. Their inability to
meet full participation expectations is not a reason to deny the student participation. A student with
disabilities may only be able to meet a limited amount of requirements for these activities to be of benefit to
them. The social benefits of their participation may be sufficient for their participation. Thus, full participation
requirements, cannot be used as a criteria to deny their participation in activities not involving “cut” or
“tryouts” to make a team. What is expected of school districts is the student with a disability will be given
equal opportunity for participation in those services and activities. It is not the intent of the IEP for a student
with disability to participate in all activities. The intent is for them to have equal opportunity to participate in
those of interest to them.
As an example, a student in the marching band who is in a wheelchair should not be viewed as unable to
participate. Marching band is typically a “no cut” activity. The additional service the student could need is for
someone to move them around on the field to their assigned location. That person could be a fellow band
member, school staff member, or even a parent. Their participation is the key. The supplemental aides and
supports is what it would take to enable the student to actually participate.
The IEP team decision is also not intended to require a student with disabilities to be guaranteed a position on
a team sport or other activities which has “tryouts” or the “cutting” of students to make a team. Students
with disabilities must show they meet the same criteria as those students without disabilities to make the
team. However, there is an expectation that the school consider ahead of time what supplementary aides and
supports would be necessary to help the student be prepared to meet the requirements, “equal opportunity,”
for their trying out for the team. For example, if a girl is wanting to try out for the cheer leading team and she
has difficulty remembering the words and moves to various cheers that will be used to select the team
members; then it would be appropriate for the IEP team to decide she would be given a video of the expected
cheers and movements for her to use in preparation for the tryout.
If she does not make the cheer leader team, it then would also be appropriate for the IEP team to then
consider if there is some way she could be involved with the team that would support her participation. Could
she be a team manager? These options for the IEP team to consider are what make the IEP an individualized
document. Again, she is not guaranteed a position on the cheer leading team, if it is a cut or tryout activity.
Many parents and their child with a disability may make a decision to not participate in any nonacademic or
extracurricular activity. Their decision not to participate must be documented in the IEP. However, they
always have the right to change their mind any time during the duration of the IEP.
If the IEP team offers to make provisions for supplementary aids and services to a student with disabilities and
the student chooses not to accept them and not participate in any activity, then the IEP team is to document
the decision of the student/parents not to participate and to also document the district’s offer to provide
supplementary aids and services. The IEP team is to record why the student/parents decided why not to have
the student to participate. The reason could be as simple as, “The student does not have interest in
participating in ____ even with the school district offering to provide aids and services.
Formal information on this topic was presented by the U.S. Department of Education’s Office for Civil Rights
in a letter titled “Dear Colleague” on January 25, 2013. It outlined requirements for K-12 public school districts
with respect to extracurricular athletics and opportunities for students with disabilities.
The letter is available at: www2.ed.gov/about/offices/list/ocr/letters/colleague-201301-504.html