Provides an exception to high school athletic competition eligibility by permitting pupils with a developmental or physical disability to compete for a fifth year

BILL NUMBER:S2764

Title of bill

An act to amend the education law, in relation to eligi- bility for senior high school athletic competition

Purpose and justification

An act to add a new Section 3208-b of the Education Law to allow high school students with a developmental or physical disability to continue participation in interscholastic sports for a fifth year.

Summary of specific provisions

The bill would direct the Commissioner of Education to draft a regulation that would allow a school district superintendent and athletic director to apply for a waiver of the four- year limitation on eligibility for interscholastic athletic competition when a student has a developmental or physical disability.

This regulation also sets forth the guidelines by which the school district's Section of the New York State Public High School Athletic Association can grant such a waiver.

Justification

The public education system entrusts the state with the responsibility for education of the whole person, including character, knowledge and other skills and abilities. Participation in interscholas- tic sports helps students in the development of the whole person by contributing to social skills, self-esteem and team building.

This new section of law is necessary to support models of inclusion and give special needs students the opportunity to participate in sporting activities.

For at least two decades, educators have explored with success various models of inclusion to incorporate special needs students into regular public school classrooms and school activities. However, in the athletic arena, the Commissioner of Education's regulations and Education Law have not evolved to reflect these newer models.

This law is named after Jordan Maliken, a 20 year-old special needs senior at Amherst High School, who sought to continue participating interscholastic Track and Field for a fifth year but was denied the opportunity under previous law.

Prior legislative history

2012 - S.4082/A.10081 -- THIRD READING/education 2010 - S.6054/A.8913 -- EDUCATION/Education

Fiscal implications

None.

Effective date

Immediately.