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Title II — Parental involvement for healthy students; equal physical activity opportunities for students with disabilities

S. 1033 · 113th Congress · May 23, 2013 · Lineage

II Parental involvement for healthy students; equal physical activity opportunities for students with disabilities

Sec. 201 Parental involvement

Section 1118(d)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6318(d)(1)) is amended—
(1)
by inserting “, healthy,” after “supportive”;
(2)
by striking “; and participating” and inserting “; participating”; and
(3)
by inserting after “extracurricular time” the following: “; and supporting their children in leading a healthy and active life, such as by providing healthy meals and snacks, encouraging participation in physical education, and sharing in physical activity outside the school day to support successful academic achievement”.

Sec. 202 Equal physical activity opportunities for students with disabilities

(a)
In general— Title V of the Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.) is amended by adding at the end the following:

“511. Equal physical activity opportunities for students with disabilities

“(a) In general—The Secretary shall promote equal opportunities for students with disabilities to be included and to participate in physical education and extracurricular athletics implemented in, or in conjunction with, elementary schools, secondary schools, and institutions of higher education, by ensuring the provision of appropriate technical assistance and guidance for schools and institutions described in this subsection and their personnel.

“(b) Technical assistance and guidance—The provision of technical assistance and guidance described in subsection (a) shall include—

“(1) providing technical assistance to elementary schools, secondary schools, local educational agencies, State educational agencies, and institutions of higher education, regarding—

“(A) inclusion and participation of students with disabilities, in a manner equal to that of the other students, in physical education opportunities (including classes) and extracurricular athletics opportunities, including technical assistance on—

“(i) providing reasonable modifications to policies, practices, and procedures; and

“(ii) providing supports to ensure such inclusion and participation;

“(B) provision of adaptive sports programs, in the physical education and extracurricular athletics opportunities, including programs with competitive sports leagues or competitions, for students with disabilities; and

“(C) responsibilities of the schools, institutions, and agencies involved under section 504, the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and any other applicable Federal law to provide students with disabilities equal access to extracurricular athletics;

“(2) facilitating information sharing among the schools, institutions, and agencies, and students with disabilities, on ways to provide inclusive opportunities in physical education and extracurricular athletics for students with disabilities; and

“(3) monitoring the extent to which physical education and extracurricular athletics opportunities for students with disabilities are implemented in, or in conjunction with, elementary schools, secondary schools, and institutions of higher education.

“(c) Definitions—In this section:

“(1) Agencies—The terms local educational agency and State educational agency have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

“(2) Schools and institutions—The terms elementary school, secondary school, and institution of higher education mean an elementary school, secondary school, or institution of higher education, respectively (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), that receives, or has 1 or more students that receive, Federal financial assistance.

“(3) Student with a disability

“(A) In general—The term student with a disability means an individual who—

“(i) attends an elementary school, secondary school, or institution of higher education; and

“(ii) who—

“(I) is eligible for, and receiving, special education or related services under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.); or

“(II) is an individual with a disability, for purposes of section 504 or the Americans with Disabilities Act of 1990.

“(B) Students with disabilities—The term students with disabilities means more than 1 student with a disability.”

(b)
Table of contents— The table of contents in section 1(b) of the Rehabilitation Act of 1973 is amended by inserting after the item relating to section 509 the following: