Editorial: In guaranteeing civil rights for the disabled, focus on equality on sports teams
February 19, 2013
In the United States, being guaranteed equal rights despite gender, religion, sexual preference or physical ability is often taken for granted. However, many do not consider how the catch-all nondiscrimination claims really apply, especially in situations like college and high school sports. In the vein of amendments such as Title IX, which disallows discrimination based on sex in educational institutions, the Department of Education has recently clarified that sports programs in educational institutions that receive federal funding must provide equal opportunities to disabled people.
According to an article in The New York Times, 12 states have laws that require public school districts to provide athletic opportunities for students with disabilities, and the advisement from the Department of Education will supplement, not replace, those laws. While the federal Rehabilitation Act of 1973 requires that schools allow students with disabilities equal opportunities in athletics, there has been relatively low compliance, and the letter issued from the Department of Education is meant to increase understanding and awareness of this civil right.
Wider awareness of disabled students’ rights to participate equally in athletics will largely affect high school sports and college sports at the club or intramural level. The letter asks for “reasonable” accommodation, and says that coaches should not have to lower standards or change traditions for their sports. On Homeroom, the Department of Education’s blog, U.S. Secretary of Education Arne Duncan wrote, “While it’s the coach’s job to pick the best team, students with disabilities must be judged based on their individual abilities and not excluded because of generalizations, assumptions, prejudices or stereotypes.”
While equal opportunity in athletics has been law since the ’70s, it’s disheartening to realize that a reminder from the Department of Education is necessary. Although, hopefully, it will help students with disabilities gain opportunities to participate in collegiate sports. This letter is also important for students at the college level who would like to participate in sports but have faced too many barriers to participate. Hopefully, this advisement will inspire colleges to provide more opportunities, such as wheelchair basketball teams, which are currently only available at a small number of colleges.
There’s also room for progress beyond educational institutions. Issues of disabled athletes being given fair accommodations have gone to the Supreme Court: In 2001, Casey Martin, a professional golfer with a birth defect that affects circulation in his right leg, requested to ride in a golf cart between shots in the PGA Tour, a golf tournament. His request was declined, and the lawsuit was taken to the Supreme Court, which ruled that Martin should be allowed to use the golf cart. Hopefully raising awareness of disabled peoples’ rights to compete will address issues beyond the educational sphere.
With clarity and enforcement of laws, hopefully American colleges and schools will become more welcoming to athletes with disabilities.