Parent seeks board approval for parentally placed special‑education student to join district athletics; board refers matter to counsel

A Montgomery parent asked the Board of Education to allow his son — a student with a disability who is parentally placed at a recognized special‑education school — to participate in district athletic programs.

Christopher Benente of 98 Stotsbond Road said his son, who attends a non‑district special education school, has wrestled on the Montgomery recreational team for eight years and has qualified for the New Jersey state championships in recent seasons. Benente said he had previously emailed the board and received a response that his son did not meet eligibility criteria; he asked the board to review that determination.

Trustees and staff did not debate the student's individual case in public because of student‑privacy rules. The board president and others said the matter will be reviewed by the district attorney and that counsel would advise the board on how to respond. Board members referenced two district policies during the exchange, noting that questions about eligibility for non‑district or parentally placed students may implicate existing policy language and state rules.

Why this matters: State law and district policies can affect whether parentally placed special‑education students are eligible for participation in public‑school extracurriculars. The board said it would seek legal guidance before issuing a final response.

The board recorded that the matter will be handled with counsel and advised the family that staff and legal counsel will provide a written response.