Every child has a right to equal access to school-sponsored activities such as clubs, arts programs, and dances. These situations can become complicated when third party providers are involved, for example, an after-school enrichment class. According to Special Education Attorney Grace Clark, if it is a school-sponsored activity, the school or district is responsible for supplying an aide. If it is written into a child’s IEP that they require an aide to participate in this activity and receive FAPE, then they must be accommodated, even if the school has to hire outside of their typical contracting pool.
Private companies are not required to follow IDEA regulations. However, other anti-discrimination laws do apply, such as the Americans with Disabilities Act, and a child cannot be denied access on the basis of their disability. If an activity is provided on-campus by a third party, or is provided off-campus by the district, the school may be required to provide the supports and modifications listed in a child’s IEP. But private providers may not have to provide services if the activity is not sponsored by the school or if it is off-campus. Grace Clark suggests talking with the third-party provider whose program your child is interested in joining to find out what services and supports they can offer.
Read more about aide support for extracurricular activities in our article Extracurricular Rights 101.
