Nothing screams summer fun like a blog series on special education compliance. No worries, here at KSB, we know how to have fun, and we are here to deliver. Each week, we will cover a special education area that can often trip up schools. This week, we start with extracurricular activities.
In the case, In re: Student with a Disability, 125 LRP 9799 (SEA WI 04/02/25), the parent of a middle school student with an intellectual disability requested a paraprofessional to support their child during rehearsals for the school musical. The IEP team considered and determined that such support was unnecessary, given the student’s demonstrated success in choir class and the structured nature of rehearsals. The team determined that the student would benefit from independence and that added adult support might inadvertently distance the student from peers.
When a late pickup incident raised safety concerns, the district reconvened the IEP team and adjusted the dismissal plan—staff would now remain with the student until the parent arrived. The district also issued a detailed prior written notice explaining its refusal to provide a paraprofessional. The state agency found that the district had met its obligations under the IDEA.
The Key Takeaways for Districts:
The IEP team decides what supports are necessary, including during participation in extracurriculars. When denying a request, clear documentation and thoughtful reasoning are critical.
Respond to concerns—especially safety-related ones—proactively and collaboratively.
Extracurricular considerations raise compliance issues under both the IDEA and Section 504. Services during those times typically are not specially designed instruction (though they can be), but accommodations provided must ensure an equal opportunity to participate.
Tune in next week for another quick reminder on special education compliance. Until then, if you have any questions, email us at ksb@ksbschoollaw.com. Also, don’t forget that now is the time to be considering staff in-services and professional development for the upcoming school year. We have a special education series for South Dakota teachers and administrators available here. For Nebraska schools, we have the Rookies & Refreshers Special Education Series available here.