Pop-Up IEP

7. "We are concerned about your child’s safety. We can’t let him/her be involved in that activity because we don’t want him/her to get hurt."

Federal Regulations:

Section 300.1 (a)(b) Purposes.

The purposes of this part are--
(a) To ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living;
(b) To ensure that the rights of children with disabilities and their parents are protected;

Section 300.107(a)(b) Nonacademic services.

The State must ensure the following:
(a) Each public agency must take steps, including the provision of supplementary aids and services determined appropriate and necessary by the child's IEP Team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation in those services and activities.
(b) Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the public agency, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the public agency and assistance in making outside employment available.

Section 300.117 Nonacademic settings.

In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities set forth in Sec. 300.107, each public agency must ensure that each child with a disability participates with nondisabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of that child. The public agency must ensure that each child with a disability has the supplementary aids and services determined by the child's IEP Team to be appropriate and necessary for the child to participate in nonacademic settings.

IDEA 2004 (Public Law 108-446):

Section 601(c)(5) Almost 30 years of research and experience has demonstrated that the education of children with disabilities can be made more effective by—

(A) having high expectations for such children and ensuring their access to the general education curriculum in the regular classroom, to the maximum extent possible,

Section 602(33)
‘Supplemental aids and services’ means aids, services, and other supports that are provided in regular education classes or other education-related settings to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate…

Section 614(d)
Individualized Education Programs—(1) (A) (i) Definitions …IEP means… and …includes (IV) …a statement of the program modifications or supports for school personnel that will be provided for the child --

Read the Law

Additional Information

Collabortive effort between the
National Center on Severe and Sensory Disabilities
and the National Organization of Parents of Blind Children