18A:11-3.7 Obligations of school district, exceptions.
3. a. Each school district shall, subject to the provisions of subsection b. of this section:
(1) ensure that a student with a disability has an equal opportunity to: participate in physical education programs; participate in existing classroom activities that involve physical activity; and try out for and, if selected, participate in athletic programs in an integrated manner to the maximum extent appropriate to the needs of the student; and
(2) ensure the provision of reasonable modifications or aids or services necessary to provide a student with a disability an equal opportunity to participate in physical education programs, existing classroom activities that involve physical activity, and athletic programs as set forth in paragraph (1) of this subsection in an integrated manner to the maximum extent appropriate to the needs of the student.
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 health or safety risk to the student or to others, based on an individualized assessment of the student; or
(2) fundamentally alters the nature of the physical education program or athletic program in accordance with the "Americans with Disabilities Act of 1990," 42 U.S.C. s.12101 et seq. and section 504 of the Rehabilitation Act of 1973, 29 U.S.C. s.794.
L.2014, c.10, s.3.
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