Dear Dr.Browne

In the beginning of the school year, a middle school student, medically excused from participating in physical education when an onset of pain occurred. Instead, the child was allowed to walk when pain was reported, but would experience teasing from peers. The teacher, also prevented the child from attending recess when pain was reported. The child discontinued informing the teacher of pain. The child received a failing grade due to inadequate participatory efforts in certain sports that caused the child's increased pain.

The child was then prevented from participation in physical education for a short period of time. The teacher informed the child that every day the child did not particpate in physical education, in the long run, the child's grade would be affected. The child reported this to his doctors. Doctors have received similar reports by other children and their families regarding these concerns.

Upon new findings, the child is now restricted from pariticipating in physical education for the remainder of the school year and is prescribed therapy specific to weight loss, strengthening, weight reduction, at a local gym. The child is now assigned sports-related research papers, by the teacher, in the duration of the physical education class The child is now experiencing increased stress as these extra written assigments are felt a punishment for not being able to physically participate in this class. The parents are not agreeable to these written assignments, either.

My question is, first, should children be given written assinments in the duration of their physical education class, though they are medically orevented from participating in physical education, can you suggest alternatives? Secondly, if a child's symptomatologies impeded upon their participatory effort in physical education affecting their grade, would it be in nhe child's best interest to change the grade or is this a possibility?

Thank you for help and time.

Erica Sonnier
Twin Cities , Minnesota

Answer:

Dear Erica,

This situation sounds both complex and confusing. I am not in a position to give a legal opinion about what a school can and cannot do with class requirements.

That being said, I do not fully understand what actually happened with this child. You report that the child is “medically restricted from participating in physical education” for the rest of the year. You then say that the child has been given written assignments in lieu of their physical education requirement. His parents disagree with this decision and I gather that the child has not done these assignments. He has been told that his grade will be affected by his failure to complete the assignments.

This seems to be a disagreement between the middle school and the parents about the physical education requirements. What is needed is more information. If this child is enrolled in special education, his IEP should address his participation in PE. If he has a Section 504 plan, it, too, should address P.E. participation as 504 is quite clear on the issue of disability discrimination

If the child does not have a 504 plan, you should contact the school district’s 504 coordinator and request evaluation for 504 eligibility, services and protection. For more information go to www.dcn-cde.ca.gov and click on Online Trainings to access “Understanding Section 504”.

I hope that this has been helpful.

Kay S. Browne MD