2013 Maryland Code
EDUCATION
§ 7-4B-02 - Equal opportunity to participate in mainstream physical education and athletic programs


MD Educ Code § 7-4B-02 (2013) What's This?

(a) In general. -- Subject to subsection (b) of this section, the State Board and each county board shall:

(1) Ensure that students with disabilities have an equal opportunity to:

(i) Participate in mainstream physical education programs; and

(ii) Try out for and, if selected, participate in mainstream athletic programs;

(2) Ensure the provision of reasonable accommodations necessary to provide students with disabilities equal opportunity to participate, to the fullest extent possible, in mainstream physical education and mainstream athletic programs; and

(3) Ensure that adapted, allied, or unified physical education and athletic programs are available.

(b) Exception. -- An exception to the requirements under subsection (a) of this section may be made when the inclusion of a student:

(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 school's mainstream physical education or mainstream athletic program.

(c) Duty not mitigated by provision of adapted, allied or unified programs. -- The provision of adapted, allied, or unified programs for students with disabilities does not mitigate the duty of a county board to provide an individual student with a disability an equal opportunity to be fully included in mainstream physical education and mainstream athletic programs.

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