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Sports are a civil right for disabled, U.S. says

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Casey Followay competes in the the USATF Junior Olympics in Maryland on July 28. Breaking new ground, the U.S. Education Department is telling schools they must include students with disabilities in sports programs or provide equal alternative options. "I heard about some of the other people who joined their track teams in other states. I wanted to try to do that," said Followay, who competes on his Ohio high school track team in a racing wheelchair. Current rules require Followay to race on his own, without competitors running alongside him. He said he hopes the Education Department guidance will change that and he can compete against runners. (AP Photo/Lisa Followay)

WASHINGTON – Breaking new ground, the U.S. Education Department is telling schools they must include students with disabilities in sports programs or provide equal alternative options. The directive, reminiscent of the Title IX expansion of athletic opportunities for women, could bring sweeping changes to school budgets and locker rooms for years to come.

Schools would be required to make “reasonable modifications” for students with disabilities or create parallel athletic programs that have comparable standing as mainstream programs.

“Sports can provide invaluable lessons in discipline, selflessness, passion and courage, and this guidance will help schools ensure that students with disabilities have an equal opportunity to benefit from the life lessons they can learn on the playing field or on the court,” Education Secretary Arne Duncan said in a statement announcing the new guidance.

Federal laws, including the 1973 Rehabilitation Act and the Individuals with Disabilities Education Act, require states to provide a free public education to all students and bans schools that receive federal funds from discriminating against students with disabilities. Going further, the new directive from the Education Department’s civil rights division explicitly tells schools and colleges that access to interscholastic, intramural and intercollegiate athletics is a right.

Education Department officials emphasized they did not intend to change sports’ traditions dramatically or guarantee students with disabilities a spot on competitive teams. Instead, they insisted schools cannot exclude students based on their disabilities if they can keep up with their classmates.

It’s not clear whether the new guidelines will spark a sudden uptick in sports participation. There was a big increase in female participation in sports after Title IX guidance instructed schools to treat female athletics on par with male teams. That led many schools to cut some men’s teams, arguing that it was necessary to be able to pay for women’s teams.

There is no deadline for schools to comply with the new disabilities directive. But activists cheered the changes.

“This is historic,” said Bev Vaughn, the executive director of the American Association of Adapted Sports Programs, a nonprofit group that works with schools to set up sports programs for students with disabilities. “It’s going to open up a whole new door of opportunity to our nation’s school children with disabilities.”

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