Word reminder USDE to students with disabilities (Part IV)

IV. Offering Separate or Different Athletic Opportunities

As stated above, in providing or arranging for the provision of extracurricular athletics, a
school district must ensure that a student with a disability participates with students
without disabilities to the maximum extent appropriate to the needs of that student
with a disability.20 The provision of unnecessarily separate or different services is
discriminatory.21 OCR thus encourages school districts to work with their community
and athletic associations to develop broad opportunities to include students with
disabilities in all extracurricular athletic activities.
Students with disabilities who cannot participate in the school district’s existing
extracurricular athletics program – even with reasonable modifications or aids and
services – should still have an equal opportunity to receive the benefits of
extracurricular athletics. When the interests and abilities of some students with
disabilities cannot be as fully and effectively met by the school district’s existing
extracurricular athletic program, the school district should create additional
opportunities for those students with disabilities.


Students with disabilities in extracurricular athletics
In those circumstances, a school district should offer students with disabilities
opportunities for athletic activities that are separate or different from those offered to
students without disabilities. These athletic opportunities provided by school districts
should be supported equally, as with a school district’s other athletic activities. School
districts must be flexible as they develop programs that consider the unmet interests of
students with disabilities. For example, an ever-increasing number of school districts
across the country are creating disability-specific teams for sports such as wheelchair
tennis or wheelchair basketball. When the number of students with disabilities at an
individual school is insufficient to field a team, school districts can also: (1) develop
district-wide or regional teams for students with disabilities as opposed to a schoolbased team in order to provide competitive experiences; (2) mix male and female
students with disabilities on teams together; or (3) offer “allied” or “unified” sports
teams on which students with disabilities participate with students without
disabilities.22 OCR urges school districts, in coordination with students, families,
community and advocacy organizations, athletic associations, and other interested
parties, to support these and other creative ways to expand such opportunities for
students with disabilities.23
V. Conclusion
OCR is committed to working with schools, students, families, community and advocacy
organizations, athletic associations, and other interested parties to ensure that students
with disabilities are provided an equal opportunity to participate in extracurricular
athletics. Individuals who believe they have been subjected to discrimination may also
file a complaint with OCR or in court.24


For the OCR regional office serving your area, please visit:
http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm , or call OCR’s Customer
Service Team at 1-800-421-3481 (TDD 1-877-521-2172).
Please do not hesitate to contact us if we can provide assistance in your efforts to
address this issue or if you have other civil rights concerns. I look forward to continuing
our work together to ensure that students with disabilities receive an equal opportunity
to participate in a school district’s education program.