Extracurricular and Nonacademic Supports for Students with

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ISD 200
Practices Statement
Dev. 12/13
Extracurricular and Nonacademic Supports for Students with Disabilities: IEP and 504
Students with disabilities have a right to an equal opportunity to participate in extracurricular
activities for which they are qualified and have the requisite skills. When it is the desire of a
student, and supported by the parent(s), to participate in an extracurricular activity, the IEP or
504 team must determine if there are reasonable modifications or necessary aids and services
which will allow the student the opportunity to participate in the activity. Examples could
include:
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Using a light along with a starting pistol so that a deaf runner can compete.
Providing for, or assisting with, the administration of needed medicine, like insulin, so
that a student with diabetes can take part in after-school gymnastics.
Providing a paraprofessional to assist with behavior or self-cares, so that a student may
participate in after school clubs and other school-sponsored programs.
Please note that this requirement to provide student with disabilities an equal opportunity to
participate does NOT mean:
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Changing essential elements that affect the fundamental nature of the game or activity;
Giving a student with a disability an unfair advantage over other competitors;
Changing the nature of selective teams – (students with disabilities have to compete with
everyone else and legitimately earned their place on the team, musical group, cast), or
Compromising student safety.
A school district need not provide a modification, aid, or service if doing so would put an undue
burden on its program. It is hoped that in most cases reasonable modifications, aids or services
would not become unduly burdensome.
Attached is a flow-chart (IEP and 504 can be considered the same in this document) and
accompanying footnotes to assist the IEP/504 team in determining when it may be appropriate to
provide modifications, aids or services for extracurricular and nonacademic activities. The
modifications, aids or services are then documented on the Adaptations in General and Special
Education section on page 4 of the IEP, and on the Accommodation Plan of the 504. The IEP
manager must specify, in this section of the IEP, the specific extracurricular activity where the
modifications, aids or services will be provided. And in keeping with our mission, “to promote
independence for children and youth with disabilities across environments”, the IEP manager
should include a statement such as “the modifications, aids or services will be faded or
discontinued when to longer required for continued participation”. When the supplementary
support requires additional expenditure for staff or equipment the IEP/504 manager must notify
the Director of Special Services as soon as possible. Please note, IEP determined services are
special education funded, 504 determined services are general education (building level) funded.
Reference: US Department of Education: Office of Civil Rights
http://www2.ed.gov/about/offices/list/ocr/docs/dcl-factsheet-201301-504.html
Minnesota Administrators for Special Education (MASE)
1884 Como Ave.
St. Paul, MN 55108
651-645-6272 phone
651-645-7518 fax
www.mnase.org
members@mnasa.org
Decision Flowchart:
Extracurricular and Nonacademic Supports
Is the student “otherwise
qualified” to participate in the
nonacademic or extracurricular
service or activity? 1
The student is not eligible
to participate in
the service or activity.
No
Yes
No
Does the student have the
requisite skill(s) necessary
to access and participate in
the service or activity? 2
Can the student acquire
the requisite skill(s) if
provided instruction? 3
No
Yes
Yes
Yes
Are the skill(s) taught
in general education or
some other non-special
education environment?
No
Is acquiring the skill(s) an
identified need on the most
recent evaluation? 4
No
As the student can access and
participate in the activity without
supports, the IEP does not need
to address the issue.
No
Does the student need
supplementary supports in
order to access and participate
in the service or activity? 5
Yes
This is a FAPE issue
that should be addressed as
an instructional goal or
objective within the IEP.
Yes
Supports needed to access and
participate in the nonacademic
or extracurricular activity must
be included in the student’s IEP
GEL 3.18.11
Yes
Are the needed supports
allowable and reasonable
for the service or activity? 6
No
The service or activity
is not appropriate
for the student.
1. “Otherwise qualified” refers to the eligibility requirements for participation in the activity. For
example: MN State High School League rules require that a student pass a physical exam and refrain
from the use of alcohol and drugs. If the student cannot pass the physical or uses drugs or alcohol, s/he is
not eligible to participate in an activity governed by the League.
a. If eligible, a student must be provided an opportunity to try out for a competitive team/activity,
but cannot be guaranteed a position on that team.
b. If an activity (e.g. intermural sports, school clubs and volunteer jobs such as an athletic team
manager) has no eligibility criteria or description of essential duties or skills, it must be assumed
the student is otherwise qualified.
2. “Requisite skills” refers to the mental, physical, behavioral and social skills necessary to access and
participate in an activity. For example, a student must be able to learn the rules, moves and strategies of
playing chess in order to be on the chess team or be able to run independently to be on the cross-country
team.
3. ‘Acquiring the requisite skills’ refers to the student’s ability to learn and utilize the skills necessary to
safely access and participate in the service or activity when provided instruction.
4. ‘Identified need on the most recent evaluation’ addresses the issue of whether acquiring the skill is
related to FAPE. If the need was identified in the evaluation, then it is a FAPE issue and learning the skill
should be addressed in the IEP as a goal or objective. If not, it would be inappropriate to teach that skill
within special education. For example, if there were an identified transition need for the student to obtain
a drivers license so that s/he could transport her/himself to and from work, it would be appropriate to
address that issue in the IEP as an instructional goal or objective. However, if the parent or student ‘want’
to do something that is optional and is not directly tied to an identified special education need, it would
not be appropriate to teach that skill in special education.
5. Supplementary supports are “aids, services and other supports that are provided in regular education
classes, other education-related settings and in extracurricular and nonacademic settings to enable
students with disabilities to be educated with nondisabled children to the maximum extent appropriate.”
(34 CFR § 300.42). Supplementary supports include: adaptations, modifications, adaptive equipment,
related services and training for staff who work with the student.
6. “Allowable” and “reasonable” refers to what is permitted under the rules or norms of an activity. For
example, an electronic communication device (such as a Dynavox) would not be allowed on the court
during a League basketball game; and it would not be reasonable to use such a device while playing flag
football in physical education.
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