Physical disabilities is an umbrella term for any limitation to a person's physical abilities. These impairments may be the result of a disability, genetic condition, disorder, or accident. They may be severe, permanent, or temporary. The common thread is that they somehow affect a student's ability to receive and benefit from their education.
Federal law protects students with disabilities from discrimination. These protections extend not just to the classroom but also include school activities and events. K-12 students have the right to a free education, and all students have the right to an education free from discrimination.
That a student has a physical impairment doesn't lessen their ability to succeed in school. Accommodations enable students to succeed not just in their education but also lays the groundwork for future success.
If you or your student has a physical disability and isn't receiving the support needed as part of their school day, the Education Law Team at the Lento Law Firm can help. We work with students and families nationwide to find resolutions to issues with accommodations and disability support. Contact us at 888-535-3686 or with this form.
What is a Physical Disability?
For school accommodations, the definition of physical disability relies on federal laws. The more expansive definition comes from the Americans with Disabilities Act (ADA). Section 504 of the Rehabilitation Act of 1973, which applies to all students, uses the same definition.
Under the ADA and Section 504, a disability is:
- A physical or mental impairment that substantially limits at least one major life activity
- Education is a major life activity
- A history of a physical or mental impairment
- ,e.g., cancer that is in remission
- Others' perception that an individual has a disability
- ,e.g., An individual with major scarring from burns
For physical disabilities, the government's ADA website mentions epilepsy, mobility limitations that require the use of a wheelchair, walker, crutches, or cane, and cerebral palsy. This isn't a closed list, however, and any physical disability that “substantially limits” a student's participation in school will qualify under the ADA and Section 504.
In comparison, the Individuals with Disabilities Education Act (IDEA) uses a closed eligibility list. IDEA applies to K-12 students and K-12 public schools. To qualify under IDEA, a student must:
- Have a qualifying disability
- That disability must affect their education
While IDEA doesn't have a dedicated category for physical disabilities, students may qualify under one of the other eligibility categories, such as:
- Orthopedic impairment
- Other health impairments
K-12 students who don't qualify under IDEA may qualify under Section 504. College and university students qualify for accommodations under Section 504.
K-12 Assessment
IDEA requires that K-12 public schools identify and assess all students with a potential disability. For students who already have a disability, schools may still evaluate them.
All assessments should be sufficiently comprehensive. Evaluations matter not just for determining a student's eligibility for accommodations. They also determine the type and extent of accommodations a student will receive.
IEPs
For students who qualify under IDEA, they'll receive an Individualized Education Plan (IEP). These written documents list what accommodations and services a student will receive. Once families and schools agree on an IEP, it's a legally binding document.
Parents and guardians can request additional meetings at any point during the school year if they feel the IEP is either not being enforced or is no longer effective. IDEA also requires that schools conduct an annual meeting to review and revise a student's IEP. When schools and families agree, students can also undergo a reassessment every three years.
IEP revisions and reassessments can be beneficial to students with physical disabilities because they will reflect the student's current development and progress rather than a previous version. This more updated information can potentially result in more effective accommodations for the student.
504 Plans
For students who don't qualify under IDEA, they may qualify for a 504 Plan under Section 504. Unlike IEPs, 504 Plans aren't required to be written documents. Even if not required, however, students and families should insist on a written document. By having the agreed-upon accommodations in writing, families can reduce confusion and also have evidence in situations when a school fails to provide those accommodations.
College and University Assessment
Once students enter college, schools no longer have an obligation to identify potential disabilities and offer assessments. The burden of evaluations now falls on students.
Each college and university sets its policies for requesting disability accommodations. Larger schools may also have different requirements for different schools.
The general policy is that schools list what documentation a student needs to provide and the process for requesting accommodations. Some schools may have information for specific disabilities, and others expect students to contact the disability services office.
When possible, students should arrange to meet with a potential university's disability services office before enrolling. These meetings, while not binding, can help a student get an idea of whether a college or university can adequately support the accommodations they require. What's a reasonable accommodation can differ from what accommodations benefit a student.
The University of Chicago has dedicated information for students applying for accommodations who have a physical disability. These include an assessment from a healthcare provider and a student's history of accommodations, if any.
Assessments Matter
Accommodations can make a huge difference in a student's educational experience and ability to succeed. Assessments and qualifying for support set the foundation for accommodations. If schools are refusing to evaluate a child or making it difficult for a student to qualify for accommodations, the Education Law Team at the Lento Law Firm can help.
Types of Accommodations
Schools must provide students with reasonable accommodations. This means that accommodations must be effective. Schools don't have to provide accommodations that are the newest, most effective, or most expensive.
Schools may also decline to provide accommodations that they believe would place an undue burden on the school or a member of the school community. The purpose of accommodations is to ensure students with physical disabilities aren't disadvantaged due to their disability. This doesn't mean students have to have identical experiences, merely that they're similar.
Accommodations may also be declined if they would fundamentally alter a course or activity or if they would give a student an advantage over their classmates. For example, a college offers a hiking course, and a major portion of the course involves steep and non-accessible trails. A school may decline to provide accommodations for a student with mobility issues because any accommodations would fundamentally alter the course.
Common Accommodations
As physical disabilities cover a wide range of impairments, accommodations shouldn't be one-size-fits-all. They should be tailored to the individual student and their needs.
Depending on a student's disability, a school's layout may also factor into a discussion about accommodations. College and university campuses are often spread out over several acres, which can be difficult for students with certain physical impairments to easily navigate. The same goes for buildings with multiple stories.
Rutgers University provides a list of common accommodations. While intended for college and university students, K-12 families may also find the list useful. Accessible classrooms, preferred seating, and guide animal requirements are just three of the accommodations that can be beneficial to students with physical disabilities.
Other accommodations or services may include support from a physical or occupational therapist. Adaptive bookholders and writing tools, extended time on assignments and tests, and support navigating through a school or attending school part-time are also potential accommodations. The ability to take classes online and the option to do so remotely are also potential accommodations.
Some students and families may want to discuss recommended accommodations with a healthcare professional. Accommodations should be designed around the individual, not the disability.
Even when two students have the same disability or impairment with a similar level of severity, they may still need different accommodations. On the flip side, two students with different disabilities may both benefit from similar accommodations. The key to accommodations is that they benefit the individual student and focus on the whole student.
Physical Education
In general, schools cannot decline to provide physical education to students with disabilities. That a student has a physical disability and may require accommodations doesn't lessen a school's responsibility to provide accommodations to allow a student to participate in physical education classes.
Physical education classes are no different than any other part of a student's education. In many states, completing at least one physical education course is a requirement to graduate. In other words, a student with disabilities who is unable to complete a physical education course may not fulfill the required courses to graduate.
Whether a student has an IEP or 504 Plan, schools must still provide accommodations to students just as they would for a math or English class. In some cases, a school may not have the resources or ability to provide a student with the accommodations or modifications they require. In this case, if specially designed physical education is included in a student's IEP or 504 Plan, a school may need to arrange for a student to participate in a non-school public or private program.
The exception to the above is if a school doesn't offer physical education to any students or to students in the same grade as the student in question. In this case, not offering physical education classes to a student with disabilities would be identical to what the school offers their non-disabled peers.
If families have concerns about physical education, they should talk with their student's school during an IEP or 504 meeting. If a school is unwilling to provide reasonable accommodations or modifications or otherwise fails to consider how a student's physical disability affects their ability to participate in physical education, families should contact the Education Law Team at the Lento Law Firm.
School Activities
Students with physical disabilities don't just qualify for accommodations in the classroom and as part of the school day. That a student has a disability doesn't lessen their right to participate in their school's community, including school events and extracurricular activities.
A Dear Colleague Letter issued by the U.S. Department of Education's Office for Civil Rights explains why extracurricular activities are important as part of all students' overall education, especially students with disabilities. Some of these advantages include:
- Being part of a community and/or team
- Improved teamwork and leadership skills
- Health benefits
- Social benefits
Despite the advantages of participating in extracurricular activities and other school events, the Government Accountability Office (GAO) found that students with disabilities weren't being afforded equal opportunity to participate.
While the letter focused on K-12 students, the guidance also applies to college students and interscholastic athletic associations. Inclusion and equal access – in other words, ensuring that all students are able to participate in their school community – should be part of every school's mission.
Schools don't have to create separate activities for students with disabilities. They also don't have to change the fundamental nature of a program. For programs or activities with tryouts, students with disabilities aren't automatically included. They must try out with everyone else and legitimately earn a place on the team.
What schools should do is provide reasonable modifications and support that enable students with disabilities to participate. One example given is the use of light in addition to a starter pistol so that students with hearing impairments can participate in a race.
IEPs and 504 Plans for K-12 Students
Students and families may request that a student's IEP or 504 Plan include accommodations and modifications to allow a student to participate in extracurricular activities. The U.S. Department of Education even suggests that failure to address participation in extracurricular activities for qualified students may deny a student their right to a free, appropriate public education.
Education is a Right
Schools cannot discriminate against a student because of a disability. That a student has a physical disability doesn't lessen their ability to succeed in school or benefit from participating in the school community. For students with physical disabilities, accommodations and modifications make that participation possible.
Accommodations aren't a luxury. They're instead the recognition that some students require a different plan to reach their educational goals.
If a school is failing in its obligations to you or your student, the Education Law Team at the Lento Law Firm can help. Problems can occur at any step of the process, and we help students and families understand their options. We focus on collaborative solutions that emphasize the importance of each student's education. Contact us at 888-535-3686 or by using this form.
