No, Sorry, Unfortunately: The Real Rules of Exclusion
When families fight for inclusion in school sports and clubs, they often hear the same pushback:
“We can’t do that. It’s against the rules.”
“We don’t have support staff.”
“Parents could provide the 1:1 support.”
“This program isn’t for your child’s age group.”
“No, sorry, unfortunately.”
It sounds official. It sounds immovable. But what does the law actually say?
The Holzmueller Case: Where the Courts Drew the Line
In A.H. by Holzmueller v. Illinois High School Association, a student with a disability wanted to compete in high school swimming beyond the normal age limit. The IHSA said no. The courts agreed—but here’s the key:
The court ruled that schools can’t exclude disabled students unless inclusion would “fundamentally alter” the nature of the activity.
In other words: you don’t have to change the basic rules of the game (like age cutoffs for state competition).
But you do have to provide reasonable supports so students can participate in the same activities as their peers.
The case was about elite competition. But most families aren’t asking for gold medals—we’re asking for kids to be included in everyday school life.
Everyday Life, Everyday Denials
Parents are told:
“We do not staff or have a parapro working in break camps.”
“We’ve been unsuccessful in trying to locate a one-on-one para.”
“But parents could provide the 1-on-1 support so long as they’ve completed an iCHAT form.”
Meanwhile, the list of exclusions grows longer:
No support for extracurriculars
No support for field trips
No support for Kids Club
No support for dances, concerts, or after-school activities
No adaptive swim hours
No unified or adaptive sports
No inclusion supports
Each denial ends the same way: “No, sorry, unfortunately.”
What the Law Really Says
Staffing shortages? Vendor contracts? Age brackets? None of these are “fundamental rules of the game.” They’re logistics—and under ADA and Section 504, logistics are not an excuse for exclusion.
Supports like paras, AAC devices, sensory breaks, or transportation help do not change the nature of an activity. They just give kids access.
Holzmueller drew a line: schools don’t have to rewrite the rulebook. But they do have to open the door.
The ICBZ Standard
Inclusion is the rule. Exclusion must be proven.
When a school says “We don’t have staff,” what they’re really saying is: “We don’t want to figure this out.”
And when families hear “No, sorry, unfortunately” over and over again—it’s not just disappointing. It’s a civil rights violation.