Title IX for students with disabilities

Anders Hallin · Jan 26, 2013

Good news! However, get ready for the right to freak out and probably start moping about Title IX again.

http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201301-504.html
http://www.adaptedsports.org/adaptedsports/media/pr_54.html

Under the Department’s Section 504 regulations, a school district is required to provide a qualified student with a disability an opportunity to benefit from the school district’s program equal to that of students without disabilities. For purposes of Section 504, a person with a disability is one who (1) has a physical or mental impairment that substantially limits one or more major life activities; (2) has a record of such an impairment; or (3) is regarded as having such an impairment.5 With respect to public elementary and secondary educational services, “qualified” means a person (i) of an age during which persons without disabilities are provided such services, (ii) of any age during which it is mandatory under state law to provide such services to persons with disabilities, or (iii) to whom a state is required to provide a free appropriate public education under the Individuals with Disabilities Education Act (IDEA).6
Of course, simply because a student is a “qualified” student with a disability does not mean that the student must be allowed to participate in any selective or competitive program offered by a school district; school districts may require a level of skill or ability of a student in order for that student to participate in a selective or competitive program or activity, so long as the selection or competition criteria are not discriminatory.

And finally a CNN link because it has a comment section.

Jason McCullough · Jan 26, 2013

I'll admit, I never in a million years thought anyone would react to this like, well, they did.

extarbags · Jan 26, 2013

Comment section highlights:

WOW this is ridicules! We need to allow the schools to make these decisions themselves. Besides what really needs to be done is to figure out what in the world is making these afflictions so common place that they are essentially becoming mainstream. THAT IS THE REAL PROBLEM... Where in the hell are all these disabled children coming from and WHY? The next question is how to prevent this?

Yeah, what's with treating disabled people like people, when what we should really be doing is stopping them from being born?

It is sickening how we have abandoned what used to be our "able" population. Kids today grow up thinking they lack something because they have a full set of functional body systems. The mistake started with mainstreaming special education children, robbing intelligent children of the chance to learn more. When we rob the brightest among us, we cap the growth and potential of those who will lead us tomorrow.
We are on a track to legislate ourselves behind the rest of the world. We cannot pander to the extreme majority and still expect to compete globally for jobs and a high standard of living. Natural selection has to be allowed to work itself out if we are going to advance as a country and as a species. Lemmmings lead the charge for equality.

Uh, no, I'm pretty sure the kids without disabilities do not by and large feel that way. Don't worry though, another commenter is on the case and ready to address everything wrong with this post:

You put three m's in lemmings. But your point is valid.

HAW HAW HAW

So in a time where they are cutting music programs and art programs due to lack of funds they want to make it mandatory for schools to create programs that affect a handful of people in the interest of fairness? There has to be a line drawn somewhere with this PC crap. They call it a disability for a reason. They don't have the ability to do certain things. I feel bad for them, but that's just life. The real world won't create anything other than a janitor's position for them, so why does the education department expect schools to create a false sense of inclusion? Kids aren't getting the education that they deserve on any level. Creating new programs is asking way too much.

See guys, they have a disability, and disabled people only deserve to be [implicitly subhuman] janitors, so what's the point? Honestly, why do they even get to go to school?

Employing the words,"Equal", and "Disabilities", in the same sentence??????

Sub. Human.

Show some respect for all the boys who are dragged into an office and ridiculed and bullied because they prefer to sit at home and read instead of running around in a circle while screaming.
Sports are a feminist plot to turn boys from scholars to wild pack animals. Sports are the main reason why boys lag behind girsl in school.

This one is uh... neat. Taking a break from complaining about invalids to expose the real villains: women (as usual) who plot and scheme to make boys play sports and something something something.

A few more, presented without comment:

We live in an era where everyone wants to be equal, but then again they want to be part of a special group. (nod)

I thought all high schools had this already. Its called dodgeball..... Usually the kids with a limb missing hide behind the wheelchair cliche..... And the "slow" students try to hump the balls that get away....

And the winner:

Why? Schools don't have sports at all. Too busy being social workers, midwives and gang violence counselors. Anyway someone might sue them.
Nah, I think, I hope, everyone gets so fat and lazy they start dying off at age 35.

Vesper · Jan 26, 2013

This kind of attitude pisses me off. As the dad of a Title IX 7 year old (aspergers, motor delays, ADHD) I can tell you the thing he wants most is to be included. These kids have a rough enough life without having to deal with people thinking "they'll never amount to anything" and "why bother letting them participate?"

As an aside, I don't think there is something in modern society causing more disabilities (EVIL VACCINES!), it's just that we are much better at diagnosing and treating rather than labeling kids as "difficult."

Shake · Jan 26, 2013

extarbags said: ↑

Comment section highlights:

How do these people even find places to shit up? Some asshole blogger is mad about it and links it? WHY WOULD ANYONE COMPLAIN ABOUT THIS?!

Kildorn · Jan 26, 2013

extarbags said: ↑

This one is uh... neat. Taking a break from complaining about invalids to expose the real villains: women (as usual) who plot and scheme to make boys play sports and something something something.

Wait, what? Someone so MRA that they think women are in some secret cabal to prevent us from being bookish?

What the hell, crazy person?

Jason McCullough · Jan 27, 2013

I do wonder what sort of ideal schooling environment these commentators picture. I'm thinking fascist work camps.

Jethro · Jan 27, 2013

I wonder how this will work in practice? For example, a kid in a wheelchair, how do you arrange for him to play football or basketball or baseball?

Anders Hallin · Jan 27, 2013

Jethro said: ↑

I wonder how this will work in practice? For example, a kid in a wheelchair, how do you arrange for him to play football or basketball or baseball?

You don't.

Schools may require a level of skill or ability for participation in a competitive program or activity; equal opportunity does not mean, for example, that every student with a disability is guaranteed a spot on an athletic team for which other students must try out. A school district must, however, afford qualified students with disabilities an equal opportunity for participation in extracurricular athletics in an integrated manner to the maximum extent appropriate to the needs of the student.16 This means that a school district must make reasonable modifications to its policies, practices, or procedures whenever such modifications are necessary to ensure equal opportunity, unless the school district can demonstrate that the requested modification would constitute a fundamental alteration of the nature of the extracurricular athletic activity.

In considering whether a reasonable modification is legally required, the school district must first engage in an individualized inquiry to determine whether the modification is necessary. If the modification is necessary, the school district must allow it unless doing so would result in a fundamental alteration of the nature of the extracurricular athletic activity. A modification might constitute a fundamental alteration if it alters such an essential aspect of the activity or game that it would be unacceptable even if it affected all competitors equally (such as adding an extra base in baseball). Alternatively, a change that has only a peripheral impact on the activity or game itself might nevertheless give a particular player with a disability an unfair advantage over others and, for that reason, fundamentally alter the character of the competition. Even if a specific modification would constitute a fundamental alteration, the school district would still be required to determine if other modifications might be available that would permit the student’s participation.
[...]
Students with disabilities who cannot participate in the school district’s existing extracurricular athletics program – even with reasonable modifications or aids and services – should still have an equal opportunity to receive the benefits of extracurricular athletics. When the interests and abilities of some students with disabilities cannot be as fully and effectively met by the school district’s existing extracurricular athletic program, the school district should create additional opportunities for those students with disabilities.

In those circumstances, a school district should offer students with disabilities opportunities for athletic activities that are separate or different from those offered to students without disabilities. These athletic opportunities provided by school districts should be supported equally, as with a school district’s other athletic activities.

Jethro · Jan 27, 2013

So what do we see happening in schools as a result of this? I can't imagine there being enough disabled kids in schools to create special leagues, and I can't see how a kid in a wheelchair, for example, can compete in a standard league/team. Lesser disabilities, such as lack of hearing, I could see things enabling them.

BTW, lest I come across wrong, I am all in favor of inclusion of every kid in every way possible in school and elsewhere. One of my three kids had some special issues. I'm just thinking in terms of "hmmm, how do you do this?"

Anders Hallin · Jan 27, 2013

Jethro said: ↑

So what do we see happening in schools as a result of this? I can't imagine there being enough disabled kids in schools to create special leagues, and I can't see how a kid in a wheelchair, for example, can compete in a standard league/team. Lesser disabilities, such as lack of hearing, I could see things enabling them.

BTW, lest I come across wrong, I am all in favor of inclusion of every kid in every way possible in school and elsewhere. One of my three kids had some special issues. I'm just thinking in terms of "hmmm, how do you do this?"

Apart from pushing for individual sports which there is room for together with the existing sports teams (mostly track, swimming, and gymnastics), I can imagine cooperation with local sports clubs for people with disabilities, as well as banding together with nearby school/districts to create critical mass for a viable programme. The obvious problem is of course distance when doing the latter.

Jethro · Jan 27, 2013

Anders Hallin said: ↑

Apart from pushing for individual sports which there is room for together with the existing sports teams (mostly track, swimming, and gymnastics), I can imagine cooperation with local sports clubs for people with disabilities, as well as banding together with nearby school/districts to create critical mass for a viable programme. The obvious problem is of course distance when doing the latter.

Yeah, when we were in Chicago I could see it being a lot easier than trying to do that in a more rural area such as where we live today. When I played football and baseball in high school our team trainer (the "waterboy" but he did a lot more than that) was a guy in a wheelchair. So he was at practice, the team loved the guy and his attitude, he was in the locker room with us, on the sidelines during games, basically part of the team except for he didn't play. We even made sure he got a letter jacket. I also played soccer at the college level, and we had a player on the team who was deaf. Really good player, and we used hand signals for him for some things. I do remember a couple of times when he didn't hear the whistle and tackled someone after the whistle was blown! After that, we would raise our hands in a certain way when the ref blew his whistle so he could see.

But again, I think in large areas like Chicago, Houston, etc. this could be pretty doable, but more a challenge in areas where the total high school population is 500 and the town is only 10,000 and there is a low density of schools.

Sjofn · Jan 27, 2013

extarbags said: ↑

Show some respect for all the boys who are dragged into an office and ridiculed and bullied because they prefer to sit at home and read instead of running around in a circle while screaming.
Sports are a feminist plot to turn boys from scholars to wild pack animals. Sports are the main reason why boys lag behind girsl in school.

This one is uh... neat. Taking a break from complaining about invalids to expose the real villains: women (as usual) who plot and scheme to make boys play sports and something something something.

That one is fucking amazing.

EDIT: It's particularly amazing to me, since usually the waily waily about Title IX is "boo hoo hoooooo, money that should be going to REAL SPORTS is being wasted on women playing sports!"

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