Student Well-Being & Movement

Justice: NCAA Biased Against Learning-Disabled Students

By Kerry A. White — November 05, 1997 3 min read
  • Save to favorites
  • Print

The National Collegiate Athletic Association’s sports-eligibility requirements discriminate against students with learning disabilities and violate the 1990 Americans with Disabilities Act, the U.S. Department of Justice concluded last week.

Justice Department officials said they made their assessment after reviewing the files of more than 100 learning-disabled athletes who have had trouble with the NCAA’s “initial-eligibility requirements"--academic requirements that students need to meet upon graduating from high school to participate in intercollegiate sports in the first year of college.

The ADA bars discrimination against people with disabilities. Title III of the law prohibits the imposition of eligibility criteria that tend to screen out individuals with disabilities. It also requires private organizations to make “reasonable modifications” to give people with disabilities equal access to their services.

In a letter to the NCAA, a Justice Department lawyer, Daniel W. Sutherland, said that NCAA rules on the certification of high schools classes as core courses meeting the association’s requirements exclude many of the specialized classes designed to accommodate students with learning disabilities.

Waiver Issues

He said that the NCAA’s process of individually assessing a student’s case in order to waive the core-course requirement is flawed, because it provides services to learning-disabled students that are “unequal to or separate from those offered to others.”

“The NCAA’s efforts to prevent the exploitation of student athletes and protect the integrity and amateurism of college athletics should be applauded,” wrote Mr. Sutherland, a lawyer in the department’s disability-rights section. “We do not seek a lowering of the academic standards for students with learning disabilities, but that the NCAA modify the methods it uses to assess whether these students meet the standards.”

Wally Renfro, a spokesman for the Overland Park, Kan.-based organization, said last week that he did not believe its policies violate Title III of the ADA. “I don’t necessarily agree with the letter,” he said. “We’ve cooperated with the Department of Justice over the last couple of years to accommodate learning-disabled students. Several of [the department’s] suggestions are already in place. The Justice Department is confused or misunderstands our policies.”

He said that NCAA officials, whom he characterized as having a good working relationship with the department, will have to meet in the coming months to iron out some of the discrepancies.

In the Justice Department letter, the agency notes that 71 percent of athletes without learning disabilities received NCAA approval last year to compete, while only 29 percent of students with learning disabilities were granted such approval. The department recommended that the NCAA:

  • Rework its core-course regulations to include special education, compensatory, and remedial classes that provide the same types of knowledge and skills that students without disabilities receive in their core curriculum;
  • Revise its waiver process so that such decisions are made during a high school senior’s spring term, rather than in the summer after graduation; and,
  • Refrain from using standardized-test scores as the sole condition for an athlete’s eligibility.

The hardest determination regarding learning-disabled athletes, Mr. Renfro said, “boils down to an honest disagreement about whether some courses are core courses because of their content.”

Mr. Sutherland said the Justice Department was willing to negotiate an out-of-court settlement with the NCAA provided that the organization changes its policies on learning-disabled students’ eligibility status and extends the athletic-eligibility status of 34 learning-disabled students who were not qualified to compete as freshmen in the last academic year for an additional year of eligibility

The department also wants the NCAA to grant 11 students who were denied eligibility by the waiver subcommittee last year partial-qualifier status that would grant them some athletic privileges; and to provide monetary compensation to five athletes who filed bias complaints with the department.

Events

Jobs Regional K-12 Virtual Career Fair: DMV
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Well-Being & Movement Webinar
Building Resilient Students: Leadership Beyond the Classroom
How can schools build resilient, confident students? Join education leaders to explore new strategies for leadership and well-being.
Content provided by IMG Academy
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
Blueprints for the Future: Engineering Classrooms That Prepare Students for Careers
Explore how to build career-ready engineering programs in your high school with hands-on, real-world learning strategies.
Content provided by Project Lead The Way

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Student Well-Being & Movement What SEL Can Do to Help Kids Manage Their Online Lives
It's important to show students how social media can be helpful and harmful.
4 min read
Photo collage of three diverse teens looking at their phones with social apps ghosted in dark blue background
Collage by Gina Tomko/Education Week + Canva
Student Well-Being & Movement From Our Research Center 6 Reasons Teachers Don’t Feel Equipped to Teach SEL
Lack of time and limited resources make it hard for teachers to emphasize social-emotional skills.
1 min read
Children drawing images of faces with emotions.
iStock/Getty
Student Well-Being & Movement Spotlight Spotlight on the Athletic Advantage: How Districts Are Turning School Sports Into Community Assets
Find out how you can improve student engagement, belonging, and mental health through inclusive sports programs, esports, and gaming.
Student Well-Being & Movement 40 Minutes of Recess Is Now the Law in This State
Elementary schools will have to provide 40 minutes of recess, after years of declining time nationwide.
3 min read
Preschool students run on the new cushioned rubber surface while others use the double slide at Taft Early Learning Center in Uxbridge, Mass., on March 12, 2025.
Preschool students run on the new cushioned rubber surface while others use the double slide at Taft Early Learning Center in Uxbridge, Mass., on March 12, 2025. In Oklahoma, elementary schools will have to provide 40 minutes of recess daily starting this fall.
Brett Phelps for Education Week