New York Laws
Part 1 - Compulsory Education
3208-A - Special Proceeding to Determine Physical Capacity of Student to Participate in Athletic Programs.

§ 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 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.