WHEN LOCAL GOVERNMENTS WAIVER: GIVING BITE TO STUDENTS WITH DISABILITIES' FEDERAL RIGHT TO AVAIL PHYSICAL EDUCATION

Author: 

Maliha Ikram

Including Students with Disabilities (SWDs) in physical education is a national interest that must be protected. Federal law, codified in the Individuals with Disabilities Act (IDEA), articulates that disability is a natural part of the human experience, and improving educational results for children with disabilities is an essential element of U.S. national policy of ensuring equality of opportunity for individuals with disabilities. With a national policy as profound as equality backing federal legislation for individuals with disabilities, it is surely the case that eliminating or effectively undercutting opportunities for SWDs to participate in physical education programming is a violation of their education rights. In this Article, the author proposes that physical education is and has always been an integral part of general public school curriculum. As such, SWDs must be provided equal access to physical education in public schools both as a matter of statutory right and national public policy. View More.