Extracurricular Inclusion: Unlocking Opportunities with 504 Plans, IEPs, and Athletics

Extracurricular activities, including sports, are a big part of many students’ lives. For students with disabilities, access to these activities is just as important as academic support.

But if your child has a 504 plan or IEP, you might be wondering how these plans apply to sports and other extracurriculars. Let’s break it down.

Before I get into this, let me make an important point. If your child has an IEP, they have the protections of IDEA. But, they also automatically have the protections of Section 504 too, as it has been determined that they are a child with a disability.

So even though, yes, IDEA does include and cover sports and extracurricular activities, even if your child wasn’t covered under this, they’d be covered under Section 504.

What IDEA says about Extracurricular Activities

First, IDEA does include or cover extracurricular activities. However, it is still a fairly common myth or urban legend that it does not.

Statute/Regs Main » Regulations » Part B » Subpart B » Section 300.107

300.107 Nonacademic services: The State must ensure the following:

(a) Each public agency must take steps, including the provision of supplementary aids and services determined appropriate and necessary by the child’s IEP Team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation in those services and activities.

(b) Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the public agency, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the public agency and assistance in making outside employment available.

Several years ago, OCR came out with a memo outlining school district expectations around this issue. But as the saying goes, “not everyone got the memo.” There are still many districts out there who are uninformed. There is enough documentation on the web for you to print off and show to school personnel if they still do not agree with you. And, if need be, call your local OCR office. Section 504 and Title 9 also cover this area. I have the letter below.

First, a quick refresher. A 504 plan is a formal plan developed under Section 504 of the Rehabilitation Act of 1973, a civil rights law that prohibits discrimination against individuals with disabilities. It ensures that students with disabilities have equal access to education and activities. While IEPs focus on providing special education services under IDEA, 504 plans focus on accessibility and accommodations.

Now that we’ve covered that, let’s talk about how 504 plans and IEPs impact athletic eligibility and access to extracurricular activities.

IEP and Extracurriculars

When IDEA was amended in 2004, Congress specifically put wording in there for children with disabilities to be able to participate in extracurriculars. Like anything else in the IEP, the specifics are to be determined by the team. But, whatever accommodations apply to a child in school, they apply to the activities, if the accommodation is necessary for them to have successful participation.

According to Wrightslaw: “A 2010 court ruling held that IDEA requires school districts to take steps to provide extracurricular and nonacademic activities to afford the student an equal opportunity to participate.”

However, since IDEA does not define “extracurricular and nonacademic activities” you must look to the federal regulations for the specific language.

Section 300.107(b) provides a non-exhaustive list of examples of extracurricular and nonacademic activities. Section 300.107(b) expressly includes athletics, clubs, and activities offered by groups sponsored by the school district. But the section does not otherwise limit those extracurricular and nonacademic activities eligible for inclusion in the IEP.

Section 300.117 does not limit what qualifies as an extracurricular and non-academic activity. Instead, the section further defines extracurricular and nonacademic activities to include meals and recess as well as the activities listed in section 300.107(b).

Examples of Nonacademic Services and Extracurricular Activities:

• Sports
• Counseling
• Health services
• Recreation
• School newspaper and literary magazines
• Band
• Chorus
• Special interest groups and clubs

Do 504 Plans Apply to Extracurricular Activities?

Yes, they absolutely do. Section 504 states that students with disabilities must have equal opportunities to participate in extracurricular and non-academic activities, including sports, clubs, and school-sponsored programs. This means schools must provide reasonable accommodations to ensure students can access these activities just like their peers. For example, if a student with asthma needs to use an inhaler during a game, a 504 plan might outline that they can take breaks as needed without penalty.

Schools are required to make accommodations, but they’re not obligated to modify the fundamental nature of the activity. So, while a school must make reasonable adjustments for your child, they aren’t required to change the core rules of the sport or activity.

What About IEPs? Do They Cover Extracurricular Activities?

Yes, they do. The Individuals with Disabilities Education Act (IDEA) ensures that students with IEPs have access to extracurricular activities. The IEP team should consider extracurricular participation when developing the plan. For example, if your child requires a one-on-one aide in the classroom, they may also need support during extracurricular activities.

If extracurricular participation is a priority for your child, it’s essential to bring it up during IEP meetings. The team can work together to identify potential barriers and include specific accommodations or services to support your child’s involvement.

Athletic Eligibility and 504 Plans

For student-athletes, eligibility can be a complex issue. Many schools have academic and behavioral standards that students must meet to participate in sports. If your child struggles to meet these standards because of their disability, the school must consider whether accommodations or modifications are necessary. For example, a student with ADHD might have difficulty maintaining grades due to challenges with focus and organization. A 504 plan could include accommodations such as extended time on assignments or access to a resource room to support their academic success.

It’s important to note that accommodations under a 504 plan can’t guarantee a spot on a team. Students with disabilities must still meet the basic skill and performance requirements of the activity. However, the school must ensure that disability-related challenges don’t unfairly exclude a student from participating.

What Accommodations Might Be Needed?

Accommodations depend on the student’s individual needs and the activity in question. Here are some examples of accommodations that might apply to sports and extracurriculars:

• Modified equipment, such as adaptive uniforms or specialized gear.
• Adjusted schedules or rest breaks for students with medical conditions.
• A sign language interpreter or other communication support for students who are deaf or hard of hearing.
• Access to a quiet space for students with sensory sensitivities.
• Flexibility with attendance requirements for students with chronic illnesses.

These accommodations should be outlined in the 504 plan or IEP to ensure everyone involved understands their role in supporting the student.

Advocating for Your Child in Athletics

If you believe your child’s rights are being violated or that they’re being unfairly excluded from an activity, there are steps you can take. Start by reviewing your child’s 504 plan or IEP and identifying any gaps in accommodations. Then, reach out to your school’s 504 coordinator or IEP case manager to discuss the issue.

You may need to request a meeting to address your concerns and revise the plan. If the school is unresponsive or unwilling to make reasonable accommodations, you can file a complaint with the Office for Civil Rights (OCR). Advocacy organizations can also provide support and guidance if you need help navigating the process.

Balancing Fairness and Inclusion

One of the most common concerns parents hear is that accommodating students with disabilities might give them an “unfair advantage.” It’s essential to address this misconception. Accommodations level the playing field; they don’t provide an advantage. A student who needs extra time to take a test or adaptive equipment to play basketball isn’t gaining an edge over their peers. They’re simply being given an equal opportunity to participate.

But he was cut from the team/band/choir!

Also, it is not a guarantee. “The guidance also notes that the law does not require that a student with a disability be allowed to participate in any selective or competitive program offered by a school district, so long as the selection or competition criteria are not discriminatory.” For example, your child wants to join cheer or dance. But, she struggles with memory issues, so memorizing a routine is hard for her. Much harder for her than her non-disabled peers. She is not guaranteed a spot on any team.

But, if she needs extra time to practice or some other type of supports to prepare for try-outs, she is to be given those. Or, perhaps she needs a modified routine. Make sense?

Our kids have challenges. They may be socially awkward, outcasts, and have few friends. They are easy targets sometimes. This is the part that is difficult to prove: That your child did not make the cut based upon their disability. To prove that their selection criteria are not discriminatory, whew! That can be hard to do. But, if this is the battle that you want to fight, I would then contact a Disability Rights Attorney.

My suggestion is to be more proactive. If your child expresses interest in an activity, help them. Encourage self-advocacy skills. But find out what the criteria are. What is the practice schedule like? Does your child have the required skill set? If not, what accommodations would they need to successfully participate? Work with the person running the activity. Everyone’s chances at success increase when you work together.

Helping Your Child Succeed

Participation in extracurricular activities can boost your child’s confidence, social skills, and overall well-being. If your child is passionate about sports or other activities, work closely with their school to ensure they have the support they need. Remember, 504 plans and IEPs are living documents. As your child grows and their interests change, their accommodations may need to be updated.

By advocating for your child and collaborating with their school, you can help them access the full range of opportunities they deserve, both in the classroom and beyond.