There is a finite amount of time during the school day, and when the IEP team is faced with the choice between an elective and a required course, I think most people would agree that the required course takes priority.

That being said, you should research your state’s laws and regulations to see if there is anything on point. If there is nothing on point, it may help to think outside the box so that your child won’t be too far behind in music next year.

Thank you for your question. Good luck.

For example, our six grade IEP students have to take a course called learning strategies during the time band or choir is offered. All the other 6th grade students are allowed to take the elective. As a result when the IEP students are allowed to take band in 7th grade, they are a year behind their peers, who have moved up to intermediate band, and thus discourages them to participate with their peers.

If you live in New Jersey and would like a consultation to discuss your and your daughter’s rights, feel free to contact me. If you do not live in New Jersey, I suggest that you reach out to an attorney near you who is knowledgeable about special education and civil rights laws.

Always keep in mind that these types of cases are often decided on a case-by-case basis. Additionally, not all courts will agree with each other. Just because the New York court decided one way does not necessarily mean that a New Jersey court will rule in the same manner should a similar case be litigated in the future. There are many factors affecting the outcome of any particular case.

I have corrected the citation to the regulations in my first comment. You are right that 34 C.F.R. 300.117 is also applicable. For the benefit of those who may be reading this, I would like to quote that section in its entirety:

34 C.F.R. Sec. 300.117 Nonacademic settings.

In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities set forth in §300.107, each public agency must ensure that each child with a disability participates with nondisabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of that child. The public agency must ensure that each child with a disability has the supplementary aids and services determined by the child’s IEP Team to be appropriate and necessary for the child to participate in nonacademic settings.

(Authority: 20 U.S.C. 1412(a)(5))

Isn’t it interesting how these IDEA regulations with regard to extracurricular activities tend to be overlooked? There is always value in reading and re-reading the regulations. Your thought about ‘tunnel vision’ is probably true, and I hope that this article and our exchange helps parents and teachers see that the IDEA is much more than what takes place in the classroom. I am glad that this exchange has helped expand your horizons. I look forward to continuing my research in this area and sharing it with you, along with other parents, teachers, and attorneys.

As you astutely stated, it is indeed quite uncommon, and hence my earlier misunderstanding. I wonder why that is the case? Maybe many IEP teams just have ‘tunnel vision’ and focus on the educational aspects of their cases…

Still, you’ve given me quite a bit to think about! Thanks for expanding my horizons.

You ask a good question. The IDEA regulations provide:

34 C.F.R. Sec. 300.107 Nonacademic services.

(a) Each public agency shall take steps 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.

(Authority: 20 U.S.C. 1412(a)(1))

The above language strongly suggest that the IDEA provides protections for children with disabilities who wish to participate in extracurricular activities, including sports and special interest groups.

Furthermore, the language does not limit schools to provide accommodations or modifications from ‘bell to bell.’ Indeed, it appears that schools are required to provide accommodations and modifications before, during, and after school.

To my knowledge, invoking IDEA for extracurricular activities is not common. But it is always something to think about.

Still, schools benefit tremendously when its students with disabilities participate in its extracurricular activities, and your article helps illustrate this clearly.