A3152

An Act concerning athletic activities of students with disabilities and supplementing chapter 11 of Title 18A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. The Legislature finds and declares that:

a. The United States Government Accountability Office issued a report in June 2010 that underscored that access to, and participation in, extracurricular athletic opportunities provide important health and social benefits to all students, particularly those with disabilities, including socialization, improved teamwork and leadership skills, and fitness. Unfortunately, the report found that students with disabilities are not being afforded an equal opportunity to participate in extracurricular athletics in public elementary and secondary schools.

b. The United States Department of Education, Office for Civil Rights, issued guidance on January 25, 2013, which clarifies existing legal obligations of school districts to provide equal access to extracurricular athletic activities to students with disabilities and urges school districts to work with community organizations to increase athletic opportunities for students with disabilities in club, intramural, and interscholastic athletic programs.

c. Students with intellectual, developmental, physical, and other forms of disabilities should consistently have opportunities to participate in athletics equal to those of other students, which is in keeping with school district responsibilities under section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. sec.794, regarding the provision of extracurricular activities.

2. As used in this act:

“Adapted program” means a program that is developed for a student with a disability.

“Mainstream athletic program” means intramural or interscholastic athletic activity that is developed and offered to students in the school district.

“Mainstream physical education program” means the physical education program of the school district.

“Student with a disability” means a student who meets the definition of a “handicapped person” as defined in 45 C.F.R. §84.3 (j).

“Unified sports or inclusive program” means a program that is specifically designed to combine groups of students with and without disabilities.

3. a. Each school district shall, subject to the provisions of subsection b. of this section:

(1) ensure that a student with disabilities has an equal opportunity to: participate in mainstream physical education programs; and try out for and, if selected, participate in mainstream athletic programs;

(2) ensure the provision of reasonable modifications or aids or services necessary to provide a student with disabilities an equal opportunity to participate, to the fullest extent possible, in mainstream physical education and mainstream athletic programs; and

(3) ensure that adapted programs or unified sports or inclusive programs for physical education and athletics are available.

b. An exception to the requirements under subsection a. of this section may be made when the inclusion of a student with a disability:

(1) presents an objective safety risk to the student or to others, based on an individualized assessment of the student; or

(2) fundamentally alters the nature of the mainstream physical education or mainstream athletic program.

4. A school district, in consultation with students, parents, community members, and advocacy groups, shall offer unified sports or inclusive programs either during or after school hours through one or more of the following:

a. within existing physical education class activities;

b. within existing classroom activities that involve physical activity;

c. as part of school intramural sports opportunities;

d. as part of school district-sponsored club sport or athletic programs; or

e. on the interscholastic level.

5. The New Jersey State Interscholastic Athletic Association, in consultation with Special Olympics New Jersey and any other adapted sports organizations, may establish interscholastic athletic programs for student-athletes with intellectual or developmental disabilities who are participating in a unified sports or inclusive program of athletics developed by a school district. The New Jersey State Interscholastic Athletic Association may require any coach of a unified sports or inclusive program of athletics to receive training specific to that program.

6. This act shall take effect immediately.

STATEMENT

This bill requires each school district to:

· ensure that students with disabilities have an equal opportunity to participate in mainstream physical education programs; and ensure that students with disabilities have an equal opportunity to try out for and, if selected, participate in mainstream athletic programs;

· ensure the provision of reasonable modifications or aids and services necessary to provide students with disabilities an equal opportunity to participate, to the fullest extent possible, in mainstream physical education and mainstream athletic programs; and

· ensure that adapted programs or unified sports or inclusive programs for physical education and athletics are available. “Unified sports or inclusive programs” are defined as programs that are specifically designed to combine groups of students with and without disabilities.

The bill provides, however, for certain exceptions to the inclusion of students with disabilities in mainstream athletic activities, if the inclusion: presents an objective safety risk to the student or to others, based on an individualized assessment of the student; or fundamentally alters the nature of the mainstream physical education or mainstream athletic program.

The bill provides that school districts, in consultation with students, families, community and advocacy organizations, athletic associations, and other interested parties, are required to implement and offer unified sports or inclusive programs in one or more of the following ways: within existing physical education class activities; within existing classroom activities that involve physical activity; as part of school intramural sports opportunities; as part of school district-sponsored club sport or athletic programs; or on the interscholastic level.

Under the provisions of the bill, the New Jersey State Interscholastic Athletic Association, in consultation with Special Olympics New Jersey and other adapted sports organizations, may establish interscholastic athletic programs for students participating in unified sports or inclusive programs developed by the school districts. Additionally, the association may require a coach of a unified sports or inclusive program of athletics to receive training specific to that program.