A bill for an act relating to the eligibility of students with individualized education programs to participate in extracurricular interscholastic athletic games or competitions.

Senate

File

80

-

Introduced

SENATE

FILE

80

BY

DONAHUE

A

BILL

FOR

An

Act

relating

to

the

eligibility

of

students

with

1

individualized

education

programs

to

participate

in

2

extracurricular

interscholastic

athletic

games

or

3

competitions.

4

BE

IT

ENACTED

BY

THE

GENERAL

ASSEMBLY

OF

THE

STATE

OF

IOWA:

5

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Section

1.

NEW

SECTION

.

280.13D

Students

with

1

individualized

education

programs

——

eligibility

for

2

extracurricular

interscholastic

athletic

games

or

competitions.

3

1.

The

lead

special

education

teacher

described

4

in

a

student’s

individualized

education

program

shall

5

determine

whether

the

student

is

eligible

to

participate

in

6

extracurricular

interscholastic

athletic

games

or

competitions

7

provided

by

the

public

school

or

nonpublic

school

in

which

8

the

student

is

enrolled.

A

coach

or

athletic

director

9

employed

by

the

public

school

or

a

nonpublic

school

shall

not

10

determine

whether

such

student

is

eligible

to

participate

in

11

extracurricular

interscholastic

athletic

games

or

competitions.

12

2.

When

determining

whether

a

student

with

an

13

individualized

education

program

is

eligible

to

participate

in

14

extracurricular

interscholastic

athletic

games

or

competitions

15

provided

by

a

public

school

or

a

nonpublic

school

pursuant

to

16

subsection

1,

the

lead

special

education

teacher

shall

consider

17

the

student’s

record

of

attendance

and

whether

the

student

is

18

attaining

passing

grades

in

the

student’s

classes.

19

3.

This

section

shall

not

apply

to

students

who

require

20

special

education

under

chapter

256B

and

who

have

severe

and

21

profound

disabilities.

22

EXPLANATION

23

The

inclusion

of

this

explanation

does

not

constitute

agreement

with

24

the

explanation’s

substance

by

the

members

of

the

general

assembly.

25

This

bill

relates

to

the

eligibility

of

students

with

26

individualized

education

programs

(IEP)

to

participate

in

27

extracurricular

interscholastic

athletic

games

or

competitions.

28

The

bill

provides

that

the

lead

special

education

teacher

29

described

in

a

student’s

IEP

shall

determine

whether

the

30

student

is

eligible

to

participate

in

extracurricular

31

interscholastic

athletic

games

or

competitions

provided

by

a

32

public

school

or

a

nonpublic

school.

The

bill

establishes

that

33

a

coach

or

athletic

director

employed

by

the

public

school

or

34

nonpublic

school

shall

not

determine

whether

such

student

is

35

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eligible

to

participate.

1

The

bill

provides

that,

when

determining

whether

a

student

2

with

an

IEP

is

eligible

to

participate

in

extracurricular

3

interscholastic

athletic

games

or

competitions,

the

lead

4

special

education

teacher

is

required

to

consider

the

student’s

5

record

of

attendance

and

whether

the

student

is

attaining

6

passing

grades

in

the

student’s

classes.

7

The

bill’s

provisions

do

not

apply

to

students

who

8

require

special

education

and

who

have

severe

and

profound

9

disabilities.

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