21.02 February/March 2009
Legal Issues

Equity Act Advances

The clock is ticking for Maryland high schools, which have until July 1, 2011 to comply with the 2008 Maryland Fitness and Athletic Equity Act. The new law, passed last spring, requires high schools to provide disabled students with equal opportunities to participate in physical education programs and on athletic teams.

An advisory committee established by the Maryland State Department of Education (DOE) is studying how to execute the new law. One of the DOE's main projects is creating a model policy that school districts can use as a guide, which will include eligibility criteria and details on equipment modifications or aids.

However, individual school districts will ultimately have the responsibility of providing opportunities. "Say a student wants to try out for the track team," says Colleen Seremet, Assistant State Superintendent for Instruction. "If there are any questions about whether their accommodations would fundamentally alter the sport, the model policy will recommend the school district have a committee that could convene quickly and be able to answer those questions."

The driving force behind the passage of the law in Maryland was the Women's Sports Foundation (WSF), which is now hoping to replicate its success on the federal level. Terri Lakowski, Public Policy Director for the WSF, says the Foundation sent out a Government Accountability Office (GAO) study request on Oct. 22, which will gather baseline data to help get a better sense of the lay of the land for students with disabilities.

"We know anecdotally that students with disabilities don't have opportunities in schools, whether it's sports or physical education," Lakowski says. "To have that collected in one place by the government would really help justify the need to move forward with a more comprehensive solution.

"We're sorting through what the best vehicle is to make that happen, be it legislative or a regulatory fix," she continues. "I'm very optimistic that we'll accomplish something in the next year or two."

In Maryland, the DOE is looking closely at Baltimore County's allied sports program to model its policy after. Begun over a decade ago, it offers three co-ed sports--soccer in the fall, bowling in the winter, and softball in the spring--to high school students with disabilities. It is also open to students who have never participated in athletics at the varsity or j.v. level, so students with disabilities can play alongside their able-bodied peers.

Ron Belinko, Coordinator of Athletics for Baltimore County Public Schools, says the program mirrors the county's mainstream athletic program in many ways. Athletes in the allied program have to meet the same eligibility requirements as other student-athletes, attend awards banquets, and practice daily. Currently, 20 of Baltimore County's 24 public high schools field allied teams, which compete against each other.

Belinko says that soccer, bowling, and softball were chosen because they're more accomodating to the types of disabilities students in his county possess. He adds that bowling is the most popular because virtually any student, regardless of their disability, can participate. Students in the allied program play softball indoors to allow wheelchair athletes to participate, and soccer is set up on a field that fits across the width of a football field.

"The program can be modified to accommodate the students participating at any particular time," Belinko says. "We made up our own rules and publish a manual, but will adapt an activity to include rather than exclude students. Even game to game, the rules can change.

"The key is that the students are a part of the athletic department," he continues. "It's important for them and their parents to know they will be recognized at a school pep rally and can earn a varsity letter."

What remains to be seen for all Maryland schools is where funding will come from, and exactly what will constitute meeting the minimum requirements of the law. Mike Williams, Athletics Program Coordinator in Howard County, believes the local school systems should have the flexibility to comply with the law as it works best in their particular situation.

"We hope the model policy will allow us to make accommodations on a case-by-case basis, as we do with disabled students in the classroom," Williams says. "They may be able to participate in the regular program, it may be alongside the regular program, or it may be in an alternative program. Ideally, it could change depending on the circumstances."