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 Under the settlement, student athletes with disabilities can now
compete and earn points toward a team state championship in swimming
and diving and track and field. The settlement resolves a 2012
lawsuit brought by Madigan, Equip for Equality and Mary Kate
Callahan, a former high school student athlete at Fenwick High
School in west suburban Oak Park, Ill.
“This settlement is an important step forward in our continued
efforts to ensure people with disabilities have equal access and
opportunity in all areas of life,” Madigan said. “I am hopeful that
this agreement will inspire more student athletes with disabilities
to join their schools’ sports program and that the IHSA will
continue to add more opportunities for these students as they
proceed with implementing the terms of the settlement.”
The agreement seeks to foster increased participation of all student
athletes with disabilities in sports in Illinois. IHSA will promote
and educate its member schools, staff and students about its new
accommodations policy by adding a new accommodations page to its
website where student athletes with disabilities can access
information on how to request an accommodation for any sport. The
IHSA will also provide member schools with information about
opportunities for students with disabilities that schools can post
to the school website and at the school.
The IHSA must maintain all results and records for student athletes
with disabilities in the same manner that it maintains records for
all sports and activities. The settlement also requires the IHSA to
create an annual road race event open to all Illinois high school
students that recognizes the top five finishers in each gender in
both the wheelchair division and open division.
In addition, the IHSA must adopt a revised accommodations policy for
student athletes with disabilities and provide a trained Americans
with Disabilities Act (ADA) coordinator to assist with requests for
accommodations. The ADA Coordinator can also work with IHSA member
schools to develop ways to allow student athletes with disabilities
to earn team points in swimming and diving, track and field, and
bowling during the regular season.
The settlement also establishes ongoing monitoring by Madigan’s
office to oversee IHSA’s responses to requests for accommodations
from students with disabilities for any sport or activity. IHSA
administrative staff and board members must complete training in ADA
compliance, and coaches and officials will be trained in the IHSA’s
new accommodations policy during their annual required rules
presentations.
Equip for Equality, a legal advocacy organization for people with
disabilities in Illinois, represented Callahan in the lawsuit after
IHSA failed to address her requests for an accommodation to compete
with her swim and track teams at the state level. Callahan
previously settled with the IHSA.
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“I’m so grateful for everything Equip for Equality and the Illinois Attorney
General did for high school athletes with disabilities,” Callahan said. “I’m
happy other athletes will gain the experience and great memories of competing
for their school and with their teammates. My hope is that opportunities will
continue to increase for athletes like myself here in Illinois.”
“Equip for Equality applauds the Attorney General’s Office for reaching this
agreement which significantly expands opportunities for all high school student
athletes with disabilities in Illinois,” said Equip for Equality Senior Attorney
Amy F. Peterson, one of the attorneys who represented Callahan.
Madigan’s lawsuit charged the IHSA with violating the Americans with
Disabilities Act and Section 504 of the federal Rehabilitation Act, both of
which require that no person be excluded from equal participation in any program
or activity of a public entity because of their disability. The laws also
prohibit discrimination based on a person’s disability.
The Attorney General’s Disabilities Rights Bureau enforces state and federal
laws that protect the rights of people with disabilities. Madigan’s Bureau works
to ensure compliance with the ADA and other laws that mandate access and
opportunity for people with disabilities. Disability discrimination complaints
can be filed by contacting the Bureau at (312) 814-5684 or (217) 524-2660.
Division Chief Cara Hendrickson, Deputy Division Chief David Buysse, and
Assistant Attorneys General Sarah Smith and Judith Levitan were among the
attorneys who handled the case for Madigan’s office.
[Office of the Attorney General Lisa
Madigan]
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