In the disability community, they are often referred to as “Inspiration Porn“, but they miss an injustice that needs more attention. Students with disabilities are often ignored or, worse, denied the chance to participate in extracurricular activities like school sports, despite having equal rights for more than 50 years.
The Rehabilitation Act of 2003 prohibits disability-based discrimination. I am a professor of sports participation for children with disabilities. This law has been misinterpreted over the past 50 years.
Clarifying the issue
In just over ten years, the U.S. Department of Education was required to send a letter “Dear Colleague” to all schools in the United States to clarify and communicate their responsibilities as outlined by the act. The U.S. Department of Education had to remind school districts not to generalize stereotypes about students with disabilities.
According to Section 504 (of the act), students with disabilities are entitled to the same rights and opportunities as their peers who do not have disabilities in extracurricular activities like school sports. The act also states that schools should work directly with athletic associations to give students with disabilities equal opportunities to participate.
This broad-brush communication was based on a U.S. Government Accountability Office Report, which concluded that disabled students were not afforded the same opportunities to participate in sports at school, whether club, intramural, or interscholastic. It was not new information, but it did reiterate key Section 504 components and reminded school districts to avoid generalizations and stereotypes about disability. The letter also included examples of how to provide equal opportunities for students with disabilities.
Participation rates unclear
About 7.3 million students in K-12th grades are disabled. There is not enough data to determine if the Dear Colleague letter had any impact.
There is no data on the composition of intramural or school sports teams, despite research showing that participation in these activities has benefits for physical, mental, and academic health.
The stories I’ve heard haven’t changed as someone who regularly sees students and their families with disabilities. Students with disabilities still get put into so-called “manager roles” or are not taken seriously when they show an interest in interscholastic sports.
Recently, a parent expressed the same stagnant attitude: “It just wasn’t an option.” We could have helped facilitate participation in sports if we had known more. But it never came up …”
Section 504 is enforced by the Office for Civil Rights of the U.S. Department of Education. Since 2013, civil rights cases have continued to arise. These lawsuits are often resolved in the student’s favor, but they can also be settled or finalized long after the act. The legal action does not always affect the student-athlete immediately.
What can you do?
Schools and administrators are responsible for implementing the Rehabilitation Act of 1973, but it is also the collective responsibility of all citizens to ensure equal rights and uphold civil rights laws. You can start to make changes today.
Coaches should start by implementing inclusive recruiting practices for all school sports activities, including direct outreach efforts to students with disabilities. All coaches and athletic directors can be trained on inclusive coaching techniques by school districts.
I see a future in which headlines reflect the diversity of teams, the strengths of student-athletes, and equality. Ignoring civil rights for students with disabilities is a devaluation of their athletic abilities. This is also a violation of the civil rights of children. Students with disabilities shouldn’t have to wait another 50 years before they can join the game.
