Increasing the dialogue among stakeholders in New Jersey’s special education system

New Jersey Governor Chris Christie has signed into law a bipartisan measure (S-2079) designed to ensure that students with disabilities are able to participate in athletics, and are provided with reasonable accommodations or modifications, based on their individual needs.

The law builds on guidance that was issued by the U.S. Department of Education in January 2011, and seeks to promote greater inclusion of student athletes with disabilities.

Under the new law, which will take effect in the 2015-2016 school year, school districts must ensure that a student with a disability has an equal opportunity to participate in physical activity programs and existing classroom activities that involve physical activity and athletic programs in an integrated manner. The legislation also allows for the provision of reasonable modifications or aids or services necessary to provide a student with a disability an equal opportunity to participate in any of the aforementioned physical activities.

The bill provides for certain exceptions, but notes that in the event of these exceptions, the district must make a reasonable effort to provide the student with an alternative opportunity in a existing adapted or unified sports program, such as Special Olympics. Districts may develop these programs on a school, district, regional or county basis.

Under the provisions of the bill, the New Jersey State Interscholastic Athletic Association, in consultation with Special Olympics New Jersey and other adapted sports organizations, may establish interscholastic athletic programs for students participating in unified sports programs developed by the school districts. Additionally, the association may require a coach of a unified sports program of athletics to receive training specific to the adaptive program.