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Question

Just wondering. Questions on discrimination in public school athletics in regards to autistic son. We have an autistic son who was denied varsity letter based on coach's discretion and professional opinion. Other boys on team had less points and lettered. One boy ran 2 varsity meets and was injured but he lettered. Another boy ran 4 or 5 meets then was injured but was awarded a letter. The coach said our autistic son had poor work ethic and poor attitude and didn't earn enough points. We say he earned more than some team mates who lettered. We feel he is receiving unfair discrimination based on coach's personal opinion and due to son's social skills

Submitted: 17 days and 9 hours ago.
Category: Legal
Value: $58
Status: CLOSED
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Optional Information

State/Country relating to Question: Indiana

Already Tried:
nothing. meeting with coach and athletic director next

Accepted Answer

Good afternoon,

I'm sorry to hear of your dilemma.

Your son's coach, and school, may well be in violation of section 504 of the Rehabilitation Act of 1973. Schools, because they receive funding from the US Department of Education, are prohibited from discriminating against students based upon a disability of that student. Based upon your stated facts it appears that your son may have the right to seek legal redress of the discrimination.

The Office for Civil Rights enforces these guidelines.

I might suggest that you first approach the principal, or perhaps the district board with your concerns and if things are not made right, then you might consider filing a complaint with the OCR. Here is a link to some information with regard to the rights of disabled students in the school system:

http://www.ed.gov/about/offices/list/ocr/qa-disability.html

 

I wish you and your family the best.

 

 

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

 

Best regards,

 

 

Doug

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Expert: LawTalk
Pos. Feedback: 99.1 %
Accepts: 
Answered: 11/5/2009

Attorney

I am a practicing attorney with more than 25 years of experience in the legal field.

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