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Abstract: 

Last year, the Office for Civil Rights (OCR) released a “Dear Colleague” letter (“Guidance”) addressing the obligation of K–12 school districts to provide students with disabilities an equal opportunity to participate in extracurricular athletics, which means that they are entitled to participate along with their nondisabled peers. Although the Guidance nominally addresses K–12 schools, the background and “fast facts” sheet accompanying the Guidance state that “the main principles of inclusion and equal opportunity it embodies apply to post-secondary schools [and] generally ... [it] also applies to interscholastic athletic associations.” The Guidance derives from OCR’s power to enforce Section 504 of the Rehabilitation Act (29 U.S.C. Sec. 794), which covers schools receiving federal assistance. This article provides a critical commentary on the Guidance, reviewing its chief directives and offering practical suggestions for compliance, including gray areas of the letter subject to varying interpretations.

Keywords: Americans with Disabilities Act; Individuals with Disabilities Education Act; PGA Tour v Martin

Affiliations:  1: Editor; 2: Editor.