(a) General. (1) A recipient to which this subpart applies shall provide non-academic and extracurricular services and activities in such manner as is necessary to afford handicapped students an equal opportunity for participation in such services and activities.
(2) Nonacademic and extracurricular services and activities may include counseling services, physical recreational athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the recipients, referrals to agencies which provide assistance to handicapped persons, and employment of students, including both employment by the recipient and assistance in making available outside employment.
(b) Counseling services. A recipient to which this subpart applies that provides personal, academic, or vocational counseling, guidance, or placement services to its students shall provide these services without discrimination on the basis of handicap. The recipient shall ensure that qualified handicapped students are not counseled toward more restrictive career objectives than are nonhandicapped students with similar interests and abilities.
(c) Physical education and athletics. (1) In providing physical education courses and athletics and similar aid, benefits, or services to any of its students, a recipient to which this subpart applies may not discriminate on the basis of handicap. A recipient that offers physical education courses or that operates or sponsors interscholastic, club, or intramural athletics shall provide to qualified handicapped students an equal opportunity for participation.
(2) A recipient may offer to handicapped students physical education and athletic activities that are separate or different from those offered to nonhandicapped students only if separation or differentiation is consistent with the requirements of § 104.34 and only if no qualified handicapped student is denied the opportunity to compete for teams or to participate in courses that are not separate or different.
[45 FR 30936, May 9, 1980, as amended at 65 FR 68055, Nov. 13, 2000]
Notes of Decisions
K.N. ex rel. J.N. v. Gloucester City Bd. of Educ., 379 F. Supp. 3d 334 (D.N.J. 2019).
“As 34 C.F.R. § 104.37 , a Section 504 regulation, makes clear: A recipient to which this subpart applies shall provide non-academic and extracurricular services and activities in such manner as is necessary to afford handicapped students an equal opportunity for participation in…”
M.H. Ex Rel. M.H. v. Montana High Sch. Ass'n, 929 P.2d 239 (Mont. 1996).
· cites it 2× “34 C.F.R. § 104.37 (a)(1) and (c)(1). IDEA originally was enacted to address the failure of state education systems to recognize and meet the educational needs of children with disabilities.”
A.H. ex rel. Holzmueller v. Illinois High Sch. Ass'n, 263 F. Supp. 3d 705 (N.D. Ill. 2017).
“IHSA further argues that it is barred from creating separate activities for para-ambulatory students by the applicable regulations, 34 C.F.R. § 104.37 (c) and 34 C.F.R. § 104.”
S.K. ex rel. K.K. v. North Allegheny Sch. Dist., 146 F. Supp. 3d 700 (W.D. Pa. 2015).
“34 C.F.R. § 104.37 (a)(1). Nonacademic and extracurricular services, and activities may include: counseling services, physical recreational athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the recipients,…”
W.B. v. Matula, 67 F.3d 484 (3rd Cir. 1995).
“4 (a), (b), 34 C.F.R. § 104.37 (a) (school must provide § 504 services to children eligible for them); 34 C.”
McFadden v. Grasmick, 485 F. Supp. 2d 642 (D. Maryland 2007).
“See 34 C.F.R. §§ 104.37 , 104.34. 6 . McFadden's response to this argument is that not infrequently, there are several events in which not every school furnishes a participant and so such teams cannot gain points in those events.”
Sophie G. ex rel. Kelly G. v. Wilson Cnty. Schs., 265 F. Supp. 3d 765 (M.D. Tenn. 2017).
“” 34 C.F.R. § 104.37 . However, Plaintiffs have not established that Kid’s Club is an “extracurricular” activity within the meaning of the Rehabilitation Act, nor have they established that Sophie G’s toileting issues are linked to her autism.”
Brown v. Elk Grove Unified Sch. Dist. (E.D. Cal. 2020).
· cites it 2× “’” Opp’n at 18 (citing 34 C.F.R. § 104.37 (a)(1)). 1 As plaintiff’s counsel maintained at hearing, an adult employee or visitor could 2 allege a similar claim in the collegiate context.”
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