IEP & sports/extra curricular activities

[IEPmamaofateen]

My son is in 8th grade and has an IEP for ADHD & SPD. He struggling the first semester with his math teacher and it got to the point where she just wrote him office referrals for lunch detention multiple times a week. It was a toxic environment. His IEP Team and I decided changing teachers at semester would be a good idea and he's now been in the new class for 2 weeks.  He's doing great and doing his work, etc. No behavior issues. Still struggles with being on task, distractions and starting assignments. The issue is that this new teacher only grades tests & quizzes, no assignments count towards his grade. Because of his struggles first semester, he's behind in math. We're working every night at home (have been all year). He notoriously doesn't do well on tests and has relied on assignments to keep his grade passing. Without those assignments, he's currently got an F. This excludes him from being able to play in any basketball games. The season is only 4 weeks long and he missed the first game already. The teacher is unwilling to count assignments or provide any extra credit work to help increase his grade. Since he's new to the class, we're still figuring out if extra accommodations it supports can be put in place. I'm looking for suggestions on how to handle this situation. It feels unfair to me that he's being excluded solely because this teacher grades differently. And my son is actively doing the  work to learn the math so he can be successful but that's not gonna happen overnight.  Sports are very important to him and hes viewed as a leader on his team. Its a huge motivator for school and being engaged in school. Hoping someone may know if legally they can exclude him from sports in this instance? Or if there's any suggestions for how to handle this situation? Thank you!

[Carolyn Rowlett]

If he struggles with tests due to his disabilities and there are no supports in place to put him on an equal playing field with his peers, it would be discrimination. But I wouldn't recommend using that word right off the bat.  I would ask for an IEP meeting to discuss (expedited - waive the 10 day notice requirement - due to the short basketball season) his accommodations and what needs to be put in place to help him with tests.  If they refuse to or cannot convene a meeting in time, send an email to the IEP team (maybe copy director of spec ed) expressing your concern and the need to support your son as soon as possible.  Suggest additional accommodations such as extended time, redirects, the ability to retake, take in non-distracting environment, etc.  And stress that until these supports are put in place for his disabilities, he should not be punished (discriminated against) for failing tests.