2023 New York Laws › EDN - Education › Title 4 - Teachers and Pupils › Article 65 - Compulsory Education and School Census › 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.