Question:
Can schools block students who have disabilities from sports, field trips, and other activities because their grades are too low?
Answer:
Sometimes.
A child who has a disability may still have to meet grade requirements. However, low grades alone aren’t enough to block a student from participation.
If a student and/or the student’s family requests an accommodation of having a grade requirement waived, the school must review the student’s needs. It can’t point to a one-size-fits-all grade cutoff. The school must look at whether the student’s disabilities affected the grades.
Two recent Office for Civil Rights (OCR) cases show why. One involved a student who was barred from playing on the basketball team and the other was about a student who was barred from a field trip.
Supporting Documents and/or Regulations
IDEA, Section 504, ADA, and OCR “Dear Colleague” Letter
Section 504 of the Rehabilitation Act protects students who have disabilities. In public schools that receive federal funds, it requires an equal chance to take part in sports, recreation, clubs and other school activities. Individuals with Disabilities Education Act (IDEA) also applies. For children who qualify, it requires needed supports, so they have an equal chance to take part.
Title II of Americans with Disabilities Act (ADA) requires reasonable changes to rules when needed to avoid disability discrimination.
In its Jan. 25, 2013, “Dear Colleague” letter, OCR described a runner who needed a visual start signal because of a hearing disability. The signal would occur at the same time as the starting pistol. OCR said this wouldn’t change the race’s basic nature or give the runner an unfair advantage.
However, a school may refuse a change if it can show that the change would fundamentally alter the activity. As an example of a fundamental alteration that a school could refuse, OCR gave the example of adding an extra base in baseball. Adding an additional base would change the game.
