It wasn’t until the final day of the Maryland General Assembly that lawmakers voted on a piece of legislation intended to ensure students with disabilities an equal opportunity to engage in mainstream athletics; but the delay didn’t quell the excitement of Tatyana McFadden one bit. McFadden, an 18-year-old Paralympian who won two gold-medals in track in Athens in 2006, had testified previously in support of the legislation. She had also filed a lawsuit in 2006 over the right to participate in track meets alongside her teammates.
“This opens the doors for many people with disabilities,” McFadden said. “People will not hesitate to try out for their teams….once this bill is passed, you can’t take it away.”
The bill, titled the “Fitness and Athletics Equity for Students with Disabilities Act,” requires the Maryland State Department of Education and local school boards to “develop policies and procedures to promote and protect the inclusion of students with disabilities in mainstream physical education and athletic programs.” The legislation takes effect on July 1, 2008, after which school boards will have three years to be in compliance.
Criticism, ConcernsThe legislation initially drew opposition from the Maryland State Board of Education due to its price tag (approximately $2.8 million annually), but the board eventually changed its position and supported the proposal. However, the legislation still has its critics.
In an April 15, 2008 Op-Ed in the Baltimore Sun, columnist Milton Kent argued that although the legislation is well intended, its vague language may make compliance difficult to interpret and define. Additionally, he cautioned that the law “opens up a huge can of worms” by stating students with disabilities must be given the opportunity to participate in mainstream athletic programs.
“Imagine the headache for a coach of a track team, who must allow a wheelchair athlete to participate in a race alongside able-bodied runners who have championship aspirations,” Kent said.
Currently, Washington, Louisiana, Oregon, and New Jersey all allow wheelchairs on the track. These athletes usually race in their own lanes, and compete against national time-standards, instead of able-bodied athletes.
However, when McFadden participated in a track meet alongside her teammates at Atholton High School, she was accused of “pacing” for teammate Alison Smith by riding ahead of her and providing encouragement. A panel later disqualified Smith because of McFadden’s actions, costing the squad a shot at repeating as 2A state champions.Disability advocates point out that the incident isn’t nearly representative of the participation of those with disabilities inside mainstream sports. In a March 16, 2008 article in the St. Louis Post, writer Angie Leventis chronicled a number of athletes with disabilities who participated in mainstream high-school athletics—some with great success.
Other critics have also voiced safety concerns related to students participating in competition beyond their skill levels, but the law doesn’t state that students with disabilities must be put on the squad, just that they have the opportunity to try out. Lastly, the law provides an exception for situations that “present an objective safety risk to the student or to others,” a fact that proponents say make it clear that the legislation is less centered on delivering a mandate, and more focused upon cultivating athletic inclusivity and access for those with disabilities.
“There are so many reasons that access to sports for kids with disabilities shouldn’t be viewed as an extra luxury,” writes former Paralympic swimmer Kara Sheridan on her blog. “We’re in a position to learn from the mistakes of the past … and blaze trails for future generations of people with disabilities.”
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