ISSUES ARISING IN EXTRACURRICULAR PROGRAM MANAGEMENT

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ISSUES ARISING IN EXTRACURRICULAR PROGRAM
MANAGEMENT

• Fall 2005 School Law WorkshopPresented by
  Kenneth A. Roos, Esq. and Megan E. Shafer, Esq.

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WHO CAN PARTICIPATE (Restrictions May Apply)

• Approved Private School or Non-Traditional
  Placement
• Alternative Placement
• MCIU
• RTF
• PRRI
• Homebound
• Charter School (Cyber or Regular)

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Charter School

• School District can require that a student
  enrolled in a charter school demonstrate that he
  or she meets those requirements before allowing
  that student to participate in school activities.
  See Angstadt v. Midd-West Sch. Dist., 377 F.3d
  338 (3rd Cir. 2004).

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WHO CANT ?

• Private School (Sectarian or non-Sectarian)
• Includes Release in Lieu of FAPE

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Home Schooled Stand By

• Senate Bill 361 passed by full Senate
• would require all school districts to allow
  home-schooled students to participate in
  extracurricular activities, including
• clubs, sports, musical ensembles, and theatrical
  productions.
• Home-schooled students still required to meet the
  equivalent participation and try-out criteria as
  students enrolled in the district.

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Pennsylvania Interscholastic Athletic Association
Rules and Regulations

• Transfer from Another School
• Eligible unless recruited
• Exception for Hurricane Katrina
• Age
• Eligible unless student reached 19th birthday by
  June 30th preceding the school year.
• For 7th and 8th grade students, 15th birthday by
  the June 30th cut off date.
• A student with a disability may receive a waiver
  of the age limitation.

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Eligibility - Academic

• Academic Requirements
• Enrolled full time in the school where he or she
  intends to participate
• Absent 20 days or less per semester.
• Eligibility extends for only 4 years after grade
  8.
• must be passing in four full credit courses every
  Friday of the marking period.
• otherwise ineligible for one week.

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Section 504 Students with Handicaps

• Equal Opportunity Standard
• Less than an entitlement
• Unless provided for directly in the students IEP
  and deemed to be an essential component of the
  students educational program
• Should happen rarely
• Triggers transportation obligation
• More like a privilege

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Section 504 cont

• Not required to fundamentally alter program
• No undue burden
• Financial
• Administrative

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Programs with Essential Eligibility Requirements

• not required to waive eligibility requirements or
  automatically qualify students with disabilities
• must meet the same essential eligibility
  requirements as nondisabled students
• affirmative obligation on schools to consider
  whether the student with a disability would be
  able to meet essential eligibility standards with
  the provision of additional modifications, or
  auxiliary aids and services.
• i.e. interpreter services, personal aides, and
  protective equipment and gear

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Programs with Essential Eligibility Requirements
(cont)

• decisions regarding the assignment of positions
  on an athletic team, or the amount of play time a
  student receives are not discriminatory where
  they are based on competent judgments about the
  students skill level and ability.

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Programs Which Are Generally Open to the Student
Population

• Least restrictive environment principles apply
• Have decision made by informed IEP team
• Be aware of transportation obligations

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Other Limitations and Restrictions

• Safety Risks
• Maximum Age Eligibility
• Minimum Grades or Credit Hour
• Practical Considerations

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Title IX Issues

• athletic financial assistance
• effective accommodation of student interests and
  abilities (i.e., participation rates)
• other program components

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Title IX - applicability

• Interscholastic athletics
• Intramural sports
• Physical education courses
• Other school-sponsored athletic programs.

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Other Program Components

• Equipment and Supplies
• Scheduling of Games and Practice Times
• Travel and Daily Allowance
• Coaching
• Locker Rooms, Practice and Competitive Facilities
• Medical and Training Facilities and Services
• Publicity
• Support Services

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Title IX Options

• Substantially proportionate athletic
  opportunities for male and female athletes
• A history and continuing practice of expanding
  opportunities for the under-represented sex
• Full and effective accommodation of the interests
  and abilities of the under-represented sex.

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Other Athletic Program Components

• OCR looks for a disparity between the mens and
  womens programs.
• defined as a difference, on the basis of sex, in
  benefits or services, which has a negative impact
  on athletes of one sex when compared with
  benefits or services available to athletes of the
  other sex.
• Applies to overall program
• Nondiscriminatory factors may account for
  differences

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OCR Investigations of Program Components

• Usually limited to specific program component
• Differences balanced and possibly offset
• Investigator has great latitude

20
Booster Clubs

• Other athletic benefits is not limited to those
  benefits paid directly by the school itself.
• includes those benefits paid by booster clubs, by
  team fund-raising activities and by any other
  source.
• need to monitor the distribution of all benefits
  to all teams

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Challenge to Title IX enforcement

• Appeal from the National Wrestling Coaches
  Association rejected by U.S. Supreme Ct.
• accuses federal officials of discriminating
  against male athletes
• lawsuit should have been filed against individual
  colleges that eliminated mens sports, not the
  federal government.

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PART-TIME EMPLOYMENT OF PSERS RETIREES

• separate contract for extracurricular position
  performed primarily outside regular instructional
  hours and not part of the mandated educational
  curriculum.
• primarily means that more than half of the
  extracurricular employment hours are outside the
  schools regularly scheduled class hours.
• Specifically includes the position of athletic
  director, and other administrative positions that
  do not directly work with students.
• Contract must include a waiver of any potential
  retirement benefits from the extracurricular
  employment.