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2017 Maryland Code
Education
Division II - Elementary and Secondary Education
Title 7 - Public Schools
Subtitle 4B - Physical Education and Athletic Programs for Students With Disabilities.
§ 7-4B-02. Equal opportunity to participate in mainstream physical education and athletic programs
Universal Citation:
MD Educ Code § 7-4B-02 (2017)
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This media-neutral citation is based
on the American Association of Law Libraries Universal Citation Guide and is not
necessarily the official citation.
- (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 and adequately funded by the county board.
- (1) Ensure that students with disabilities have an equal opportunity to:
- (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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