N.Y. Education Law Section 3208-A
Special proceeding to determine physical capacity of student to participate in athletic programs


1.

Upon a school district’s determination that a student shall not be permitted to participate in an athletic program by reason of a physical impairment, based on a medical examination conducted by the school physician, the student may commence a special proceeding in the supreme court pursuant to the provisions of article four of the civil practice law and rules to enjoin the school district from prohibiting his participation. Such special proceeding may be brought in the county in which the student resides or in the county in which the school district is located.

2.

The petition in the proceeding shall be a verified petition of a parent or guardian of the student. The petition shall have annexed affidavits of at least two licensed physicians setting forth that in their opinion the student is physically capable of participating in an athletic program, that participation would be reasonably safe, and any special or preventive measures or devices needed to protect the student.

3.

The court shall grant such petition if it is satisfied that it is in the best interest of the student to participate in an athletic program and that it is reasonably safe for him to do so.

4.

No school district shall be held liable for an injury sustained by a student granted an order under this section provided such injury is incurred during such student’s actual participation in an athletic program and, provided further, that such injury is attributable to the physical impairment for which such court order was obtained.

5.

Unless specifically prohibited by the court, an order granted pursuant to the provisions of this section shall be considered valid and sufficient for subsequent years, provided that the student has not changed athletic programs and, further, that two licensed physicians set forth current affidavits that, in their opinion, the student’s physical impairment has not changed since the time of the original court order.

6.

In no event shall a successful petitioner be entitled to costs in any proceeding brought pursuant to this section.

7.

The school district shall not be responsible for providing or bear the cost of, any special or preventive measures or devices needed to protect the student unless such special or preventive measures or devices are contained in a student’s individual education plan recommended by the school district committee on the handicapped and such student is a child with a handicapping condition, as defined in § 4401 (Definitions)section forty-four hundred one of this chapter.

8.

A physically impaired child eligible to commence a special proceeding as provided by this section shall be defined as any child determined by a school physician as ineligible for participation on the basis of the regulations of the state education department, the American Medical Association Guide for Medical Evaluation for Candidates for School Sports, or by any standard established by the school district involved.

9.

An athletic program for the purpose of this section shall include intramural activities, inter-school activities, extramural activities, and organized practice as defined by section 135.1 by the commissioner of education’s regulations.

Source: Section 3208-A — Special proceeding to determine physical capacity of student to participate in athletic programs, https://www.­nysenate.­gov/legislation/laws/EDN/3208-A (updated Sep. 22, 2014; accessed Jun. 22, 2024).

3201
Discrimination on account of race, creed, color or national origin prohibited
3201‑A
Discrimination on account of sex
3202
Public schools free to resident pupils
3203
Selection of school for attendance of children when district line intersects a dwelling
3204
Instruction required
3205
Attendance of minors upon full time day instruction
3206
Attendance of minors upon part time instruction
3207
Attendance upon evening instruction
3207‑A
Service of persons seventeen years of age as election inspectors or poll clerks
3208
Attendance
3208‑A
Special proceeding to determine physical capacity of student to participate in athletic programs
3209
Education of homeless children
3209‑A
Child abuse prevention
3210
Amount and character of required attendance
3211
Records of attendance upon instruction
3211‑A
Reports of reading tests
3212
Definition of persons in parental relation and their duties
3212‑A
Records of telephone numbers
3213
Supervisors of attendance
3214
Student placement, suspensions and transfers
3215
Unlawful employment
3215‑A
General certification provisions
3216
Employment certificates
3217
Procedure for issuance of employment certificates
3218
Evidence of age
3219
Consent of parent or guardian
3220
Certificate of physical fitness
3221
Pledge of employment
3222
Schooling record
3223
Duties of employers
3224
Temporary services
3225
Special employment certificate
3226
Farm work permits
3227
Street trades
3228
Newspaper carrier
3230
School district meetings and activities
3232
Courts having jurisdiction
3233
Penalties
3234
Enforcement

Accessed:
Jun. 22, 2024

Last modified:
Sep. 22, 2014

§ 3208-A’s source at nysenate​.gov

Link Style