Section 504 of the Rehabiliation Act and "Disabled" Student-Athletes

by Paul Artale

CRA Vice Chair for Communications 

Coordinator of Leadership Education, Michigan State University

Keynote Speaker (www.paulartale.com)

Last January, the U.S. Department of Educations’ office of Civil Rights created a “dear colleague” letter in which it declared that public institutions needed to offer equal athletic opportunities for disabled athletes under Section 504 of the Rehabilitation Act.  The move marked a significant shift in how we view access to athletics and recreation within an educational context.  Equal access was no longer just a gender issue.  In my opinion, the circle of inclusivity has grown and is a win for the disabled community.

With all this in mind little is known about how this rule is going to be enforced or what exactly this will look like for the average school.    Many of the implications are a little cloudy right now.  There is one aspect, however, that is not murky: the right to try out.  All students now have the right to try out for a team and receive a reasonable accommodation regardless of disability. A simple example is the student who is hearing impaired now has the right to request an interpreter to translate instructions during try outs and games.   

Schools also have the option of creating their own leagues for students with disabilities as well.

This true impact of this legislation will likely be felt at the K-12 level in its initial phases.  That being said, there is a trickle up effect into higher education.  As more students with disabilities gain athletic experience and opportunity (particularly in Varsity sports) the more they will gain the talent and confidence to try out at the collegiate level.  The demand for students who wish to play at the recreational or club level will also increase in the coming years.  The demand will increase and higher education administrators must be ready to meet that challenge- especially when it comes to competing in integrated leagues.

The law itself is not the main reason for the increase in demand.  The law definitely has the potential to force the hand of some schools or “less enlightened” coaches to give athletes with disabilities a fair opportunity to try out.  The internet and the growth of fantastic community organizations, however, are what will fuel this long term growth.  

Let me explain.

For the longest time as a kid, I did not have any athletes who were disabled as role models.  There were no communities that promoted athletics beyond the Special Olympics model.  I wanted and was able to compete with everyone else but found myself fighting uphill battles.  Luckily I grew up just as Jim Abbott was making headlines (and winning baseball games).  Jim inspired me.  If Jim could do it, I could do it.  That being said, competing collegiately was a double edged sword.   On one hand I was there and making my dreams come true which was (and still is) totally awesome.  On the other hand I was the only the only player with a limb difference and I didn’t know anybody who could share my experience.

The landscape has improved considerably since I was a child.  Today there are an increasing amount of organizations out there committed to helping athletes with disabilities compete at the highest level possible.  Organizations such as Nubability Athletics whose purpose is to ”to encourage, inspire, and instruct congenital and traumatic amputee kids who want to get out of the stands, off the bench and into the game. “  Every summer Nubability hosts camps where all the coaches themselves are limb different athletes who have competed at high levels.  They are inspiring belief, providing mentorship, and setting an example from a very young age.  The result: a host of future college students who want to get in the game because they know that they can.  They know this because by the time they apply they will have been exposed to countless success stories.

Change is at the doorstep and a new wave of student-athlete is knocking.   As student affairs administrators let us make sure that the door is opened whether are students are asking for a tryout with the football team or the chance to play ultimate frisbee.  The day when athletes such as Anthony Robles, Joe Rogers, or Jim Abbott will become more commonplace is a lot closer than we think.

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Paul Artale is a keynote speaker, trainer, and student affairs administrator at Michigan State University.  He can be contacted at artalepa@msu.edu or by visitng his website at www.paulartale.com

For more information on NubAbility please visit www.nubability.org