OCR offers districts guidelines on inclusion for disabled students

Athletics are an important of an overall educational program. School athletic programs, both inter-mural and intramural offer students health and social benefits of great value. These benefits include socialization, improved teamwork and leadership skills. These benefits apply just as much to disabled student as typical students, if not more so. Unfortunately though, the United States Government Accountability Office found that students with disabilities are not being afforded an equal opportunity to participate in extracurricular athletics in public elementary and secondary schools.

Based on these findings, the GAO recommended that the Office of Civil Rights clarify and communicate school district responsibilities under Section 504 regarding the provision of extracurricular activities. In it January 25, 2013, report, OCR undertook to do exactly that.

In what’s known as a Dear Colleague Letter, OCR laid out districts basic responsibilities under Section 504 and then applied those rights to the area of extracurricular activities.

Under this law, districts may not discriminate against individuals attempting to engage in extracurricular activities so long as they are “otherwise qualified.” Essentially, this means that a district must make reasonable accommodations to allow a disabled student to participate, but they need not alter the game or the skill requirements expected. For example, modifications that would give a disabled student a fundamental advantage are not required, but modifications to allow a student to participate are.

The letter lays out several scenarios and then analyzes whether the district response in the hypothetical scenario was appropriate. In the most informative example, a high school competitive swimmer was born with only one hand. Her times are competitive but she cannot meet the requirement of performing a two-hand wall touch. She petitions the league to allow her to use a one-hand touch during interscholastic meets. Under the OCR’s analysis, the district would be required to perform an individualized analysis to determine whether the requested modification was necessary for the student’s participation, and determine whether permitting it would fundamentally alter the nature of the activity. Her, modification is necessary for the student to participate.

An appropriate analysis would determine whether the requested modification alters an essential aspect of the sport or would give the student an unfair advantage over other swimmers. The analysis does not end there though. If the district determined the modification failed either prong, it would need to assess if other modifications existed that would allow the student to participate.

The report concludes that while districts cannot offer separate services that are unnecessarily separate, districts are encouraged to work with their community and athletic associations to develop broad opportunities to include students with disabilities in all extracurricular athletic activities. 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. The letter goes on to mention the creation of disability-specific team sports such as wheelchair basketball or wheelchair tennis.

If you feel that your child has been unfairly discriminated against in attempting to participate in extracurricular activities, please contact The Law Office of Gregory R. Branch for a consultation.

Coulter defense of her “retard” comment reveals her true colors

Ann Coulter (Photo credit: Huffington Post)

Following the third debate between President Obama and his Republican opponent Mitt Romney, Ann Coulter a news “personality,” tweeted out, ““I highly approve of Romney’s decision to be kind and gentle to the retard”, referring to President Obama. Immediately and justifiably a large number of people began to call Coulter out for her offensive word choice, which upset people for two main reasons: 1) that she finds it okay to use such a demeaning term to the mentally disabled, and 2) that she would feel it is okay to speak about an elected president of the United States in such a manner. Coulter’s defense of her “retard” comment reveals her true colors.

My biggest problem with Ann Coulter is what her actions show about her character. I do not follow Ann Coulter so maybe my thoughts are a statement of the obvious to people who do, but through this controversy, my perception of Ms. Coulter is that she is a bully, the worst kind of bully. The type of person who targets those who least have the ability to protect themselves. Bullying of special needs children is a huge problem in our world. In my special education law practice, I work with developmentally disabled children every day. Among the many challenges they must face, one particularly common and galling one is bullying. Whether it is name calling or physical assaults, special needs children are far more likely to be bullied than typical school children.

So, when Ann Coulter chooses to use a word that Peirs Morgan correctly noted was the equivalent of the “N” word to black Americans, she intentionally choose a word that she must know brings pain to a great many people who simply do not deserve it. This begs the question of why, what is her motive for doing this? Well, it appears for the basest of reasons, to draw attention to herself because she has a new book being released, Mugged: Racial Demagoguery from the Seventies to Obama. According to David Phillips,

When Coulter makes her outlandish and offensive comments, more often than not, she has a new book that she wants to promote.

Based on this, it is safe to assume that so long as Ms. Coulter profits through increased book sales, she does not care upon whom she needs to step on to get them. Even her defense of her comments was off-putting. First, she attacked liberals who had made offensive comments about the disabled, mentioning Obama’s Special Olympics” comment concerning bowling and also Al Gore’s comment concerning right wingers having an “extra chromosome.” (meaning have Down’s Syndrome) There are some huge differences between these comments and hers. First, both President Obama and Al Gore apologized for their comments rather than going on the offensive. Second, neither of them made the comments for financial gain, as Ms. Coulter appears to be doing.

Finally, her defense that “retard” is a synonym for loser just does not hold water. According to Dictionary.com, the N word means “a victim of prejudice similar to that suffered by blacks.” I’m hard pressed to believe that Ann Coulter would tweet the N word and try to defend herself by saying that she felt the person she was tweeting about was a victim of prejudice.

Ann Coulter is receiving a great deal of blow back for her tweet. My hope is that if she receives enough, she may actually recognize the error in her ways. Being cynical though, I can say an apology coming out after her comments have gotten her on as many talk shows as possible promoting her new book would be worse than worthless.

If you would like to watch an eloquent rebuttal to Ann Coulter’s comments given by John Franklin, a disabled individual, click here.