Leveling the Playing Field: Disability, Title IX, and High School Sports
Washington University Journal of Law & Policy
The Americans with Disabilities Act requires that covered entities provide a substantially equivalent experience to that of able-bodied persons. However, the Seventh Circuit, recently applied a but for test for a para-ambulatory high school athlete’s reasonable accommodation request, and denied this request. This Note argues that the Seventh Circuit should have used a two-part meaningful access test, which should be informed by past legislation based on discrimination as a result of physiological differences. To ensure that para-ambulatory student athletes have the opportunity to participate in high school sports, a separate division or qualifying times must be created.
Johanna E. Christophel,
Leveling the Playing Field: Disability, Title IX, and High School Sports,
Wash. U. J. L. & Pol’y