Disabled Athletes Eager for New Options After Federal Government Reminds Institutions of Their Obligations

A little over a year ago, the U.S. Department of Education issued policy guidelines that sparked a renewed thrust to create and expand opportunities for disabled athletes. Activists for the rights of the disabled applaud the directive as a game changer that will have the same impact for disabled athletes as Title IX did for women’s sports.

The department’s Office of Civil Rights sent a “Dear Colleague” letter to every school in America that receives federal funding — from elementary school through college — reminding them of their legal obligation to provide opportunities for disabled athletes.

“The ‘Dear Colleague’ letter was a necessary clarification,” says Anita Moorman, a University of Louisville professor of sports administration and recognized expert on disability rights. “It reminds schools of what the law requires and the process they must go through to help meet the needs of students with disabilities. Up until last year, there hadn’t been any guidance [coming from the Department of Education]. This was big. It was a long time coming, and it’s going to have a very positive impact.”

The rights of disabled athletes are enforceable under Section 504 of the Rehabilitation Act of 1973. Under the law, schools have two choices — allow disabled athletes to compete on existing sports teams or provide an equivalent offering in the form of adapted sports.

If schools fail to do either, student-athletes can file a complaint with the Office of Civil Rights (OCR) or pursue private litigation against the school. In previous cases at the high school level, some schools reached settlements with OCR, some settled with private legal counsel, while others chose to take their cases to court. It appears that many schools now are more proactive in trying to understand their obligations, rather than waiting to receive a complaint.

In order for disabled athletes to participate in mainstream sports, schools are required to make “reasonable modifications” as long as those modifications don’t fundamentally change the sport. Some examples are, in the case of a one-handed swimmer, schools can waive the rule that requires all swimmers to touch the wall with both hands. In track, they can allow a hearing-impaired sprinter to have a visual cue that would be used in conjunction with the starter’s pistol.