Professional Documents
Culture Documents
Jonathan M. Minear, J.D. Attorney, Helsell Fetterman LLP Seattle, Washington Cinda Johnson, Ed.D. Associate Professor, Seattle University
The Problem
Children and adolescents are getting less exercise than ever before. Low levels of physical activity correspond to higher rates of inactivity, obesity, and other health problems in adulthood.
June 2010 report by the U.S. Government Accountability Office Center for Disease Control and Prevention, http://www.cdc.gov/obesity/index.html
Issues, continued
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Issues, continued
Children and youth with physical and developmental disabilities engage in even less physical activity 4.5 times less activity than their peers without disabilities. Students with physical and developmental disabilities have fewer opportunities to participate in extracurricular athletics than students with intellectual disabilities, at least partly because fewer programs are designed or adapted to fit the needs of students with disabilities.
He sued the PGA Tour under the Americans with Disabilities Act for the right to use a golf cart during competition.
In 2001, the US Supreme Court held that the Tour could not lawfully deny him the option to ride in the cart between shots.
1. Stereotypes
Schools may not operate their athletic programs on the basis of generalization or stereotypes about the capabilities of students with disabilities. No students are not guaranteed a spot on the team.
Example: Lacrosse player with learning disabilities
1. Stereotypes, continued
2. Equal Opportunities
Equal opportunities in athletics may require modifications.
Reasonable modifications v. fundamental alterations
Schools must make modifications that are reasonable, but need not make modifications that constitute fundamental alterations to the program.
OCR says a modification might be a fundamental alteration if it alters such an essential aspect of the game or activity that it would be unacceptable even if it affected all competitors equally, or if it gives a particular player with a disability an unfair advantage over others.
Copyright by Erik van Leeuwen - Republished under terms of GNU Free Documentation License. http://en.wikipedia.org/wiki/File:Oscar_Pistorius_2_Daegu_2011.jpg
Copyright Unknown - Republished under terms of Creative Commons Attribution ShareAlike 3.0 License. http://en.wikipedia.org/wiki/File:John_Olerud.JPG
Contact Information
Jonathan Minear, J.D.
jminear@helsell.com
206-689-2161