can a school legally force my son to participate in sport despite a dr's certificate saying no?

Question

My son has Osgood Schlatter disease and his GP has advised him to refrain from taking part in PE and Games Lessons THe GP has even given the school a certificate outlining this but my sons school is a SPorts Academy and is insisting that he take part. I have asked the school to provide him with extra lessons in the library but they say its not their policy can they legally force my sone to take part and could i claim for his pain and suffering

Answer 1

No they cannot. But i have to ask why you would send your child to a Sports Academy if he is physically unable to participate in athletic activities.

Answer 2

I'm hoping that your problem in dealing with the school is just incomplete communication or miscommunication. I would hate to believe that a school would not accommodate a child's documented physical disability.

I would start by requesting a meeting with the school principal and discussing the situation fully. Take with any documentation you have including information that describes your son's condition. His condition probably affects his ability to go up and down stairs as well and this may be a safety issue in general. You should get this worked out.

The principal may be in the position of not having supervision available for your son at the time that his class is having physical education. This might or might not be something that can be worked out depending on the staffing situation. Don't expect that the school is just going to give your son some extra, unrelated research assignments and mark them if they are not part of the curriculum or his specific academic needs. That's just a make work project for your son and the school.

If your son's school is a sports academy then your discussion may be about his transferring to a different school or a modified program of some sort. After all, it may be several years before your son can participate fully in physical activities. Before transferring your son, be sure that the new school is aware of his situation and is able to accommodate for it.

Answer 3

i would fight the school on this if necessary go to the education department

there is a boy in my kids school who does not do pe and sits on a chair during carpet time and assemblies as he has a problem with one or both knees

as far as i am aware the only subjects kids have to take by law are maths and english (i may be wrong but i believe you have the right to withdraw him from pe lessons even without a dr's letter)

i think the school just dont want to spend the time needed to give him extra supervision or whatever is needed to allow your son to be in the library

but surely he could do some work in another classroom or do extra reading in the gym while the others are doing pe

good luck in sorting this out

Answer 4

No they can't force him, but what's he doing in a sports academy? Get him out!
You probably won't be able to sue, read the small print of everything that you've signed with the school; it'll say somewhere (really small) that the school's decision is final & binding in all sporting matters.
Get him out a) before he's hurt & b) before the other kids turn against him.

Answer 5

First of all your GP is misguided, the child does need physical activity, but he needs to listen to his body and slow down when the pain is unbearable or discomforting.

Sounds like you need to speak with an attorney though. Since this is a Sports Academy, that is their primary curriculem. Unlike public school there is more latitude given to the school regarding the criteria for education and promotion.

Answer 6

Are you trying to get him out of gym class or out of a contact sport? Does the doctors note say no sports EVER? or just
no strenuous sports? Does the note suggest alternatives?
Even kids with diseases need to get exercise!!!
l wish you had said why he is attending a sports academy if he
cannot participate in sports, in fact, when you say sports,
are you referring to some type of physical therapy or an organized sport like baseball, or both.
I'd advise you to have your doctor contact the school (don't be the middleman in this) & let them compare notes.

Answer 7

Take a witness to a "meeting" with the school official in charge.
Make sure he is the man in charge.
Tell him again the situation and show him your document that validates the condition and reasons for non participation.
Then tell him your reason for this meeting is to further pursue this matter legaly and this is your witness.
Determine your next move by what the outcome of this is.
If he still insists, ask for him to draw you up a legal document with the parameters/legalities so that you may show a lawyer immediately, as you feel that it is against school policy in your opinion. He MUST show you proof of this policy or he is oout of bounds.
If he has no documentation and still refuses...you got his tail.
Send your son to school with orders to call you immediately if they try to force him. Check him out of school and go to a lawyer for a free consultation with him in hand.
Any lawyer would take your case for nothing up front. It's a no brainer for them, and easy money.
Sue their tails.
No worries.

Answer 8

No they cannot. I was in a similar situation as my GP asked me to refrain from PE due to back problems. My mum just wrote a letter to the school and although they weren't happy about it, I didn't take part for three years!

Answer 9

Sounds like a tough situation - make a compromise. Your son could do something to help the team in some small way, or help the coach - I do not know what sport we're talking about here, but he could help others get water or towels, or help the coach with a team roster, hold a stopwatch, blow a whistle, referee in some way, take pics for the team, something like that.

Answer 10

No. The school are being ridiculous. If sport is bad for his health and aggravating an existing condition, and if you have provided medical evidence to show this, you can sue them and in this case they'd deserve it.
If its a sports academy they should suggest he stays until you find him another school, they can do this if it is private.
What they are doing is sadistic. Would they give him penicillin if he were allergic?