Requesting accommodations is an important part of accessibility. 

 

There are a lot of legal complexities to understand with the Americans with Disabilities Act (the law that makes accommodations legally required at school and work). How this law applies to extracurricular activities is something that 1AC-CESSIBILITY is still trying to figure out. I will be updating our sources as I learn more. I am a speech and debate alumni, not a lawyer, and this is not professional legal advice. 

 

One resource that has been helpful in understanding how the ADA might apply to K-12 extracurricular activity is “A School Board’s Obligation to Provide Accommodations so Students with Disabilities Can Effectively Participate in Extracurricular Activities,” which has been published in the peer-reviewed journal Education Law Reporter.

 

To date, there is not a substantial amount of case law on the topic of eligibility rules. Still, it is safe to say that courts will order school districts to provide accommodations similar to those provided during the school day so that students with disabilities can participate in extracurricular activities on an equal basis with their peers who are not disabled. 

 

This is not a definitive answer, and there are complications when you consider competing at tournaments which are outside the jurisdiction of a participant’s school district. I would recommend reading the full article here, if this is particularly interesting to you. Still, this might help empower you to request accommodations, at the very least, from your coach so that you or your child may benefit from them at practices and tournaments your school may host. 

 

Chances are, tournament directors are not lawyers either. Some may have a little knowledge of the ADA from faculty training seminars and try to tell you definitively that they are not required to give you anything for this legal reason or another. That is to say, if a tournament director tries to deny your request for accommodations under the guise of the ADA, it is okay to keep trying and advocating for your or your child’s needs because it is possible they are wrong. 

 

One key phrase that will help you, though, due to the precedent set by the ADA, is this: “These accommodations do not represent a fundamental alteration to this academic activity. Receiving these accommodations is necessary for creating an equal opportunity for my participation in this event.” Those answer two of the questions in many flow charts that determine if someone grants accommodations or not. 

 

Additionally, it is essential to note that as of 2021, accommodations are not commonplace in speech and debate, and a director may deny your request because it is simply a new concept or they were never trained to implement them. 

 

It is crucial to keep in mind that any tournament director has the power to grant you or your child accommodations if they really want to. The ADA is a federal law that sets forth what is essentially the bare minimum (and many times, not even that) in terms of accessibility—not the maximum. What is legally required and what is ethical are not the same thing. They may use the shield of the ADA to tell you they are not legally required to grant you or your child an accommodation, but that does not mean you or your child do not deserve one. At the end of the day, tournament directors design every aspect of the tournament, and they can implement accommodations if they want to.  

 

Another area of concern is the ethics of disclosing a disability. You do not owe anyone your or your child’s private, personal information. No one should ever be forced to give away information about themselves that they do not feel comfortable sharing. Although, it is highly likely that in the process of requesting accommodations, you will be asked to disclose your disability and along with particular details about its nature (unless you luckily bump into a tournament designed by a disability rights advocate). 

 

Nondisabled people are often unfamiliar with the concept of accessibility, and explaining the nature of a disability or medical condition can sometimes help them understand why accommodations are necessary. You are free to rephrase these templates and omit the name of your disability or medical condition if that makes you more comfortable. 

 

This is all not to say that your request will be denied. You may run across a helpful director who approves your request right away. However, I am familiar with the ableism in these institutions. I have encountered ignorance several times and had my access needs disrespected. What I have learned from those experiences is that it is important to keep trying. This is the one time I endorse “speaking to the manager.” Sometimes issues need to be escalated, rebutted, and persisted to get what you deserve. 

 

The final issue I would like to address is the concept of self-advocacy. Within the disability rights movement, the phrase “nothing about us, without us” is shorthand for communicating the belief that no policy or action that impacts disabled people should be decided or created without the direct participation of disabled people themselves. Too often, nondisabled people, no matter how good their intentions, misunderstand disabled people’s access needs. I believe this principle extends to requests for accommodation.  

 

This matter is complicated, though, when one considers the young age of speech and debate participants. It takes time to nurture the strength, confidence, and knowledge that is required to successfully self-advocate. Some children may not yet have the confidence to persist in the face of telling someone their request is denied—but some may. Interdependence is vital for getting accommodations, sometimes. Perhaps a child may benefit from having a parent or coach advocate alongside them in this endeavor. In these collaborative instances, I would emphasize that listening to the disabled participant’s desires, goals, and needs is of the utmost importance. 

 

I am aware that coaches expect to exclusively handle accommodations for disabled participants on their team in the status quo. Because of the number of tournaments, some disabled people may not desire to do this for every competition they wish to attend, and this arrangement may work nicely. However, your coach does not have the sole right to advocate on your or your child’s behalf. If you prefer to self-advocate or advocate in conjunction with a parent or guardian, then that is absolutely the path you should take. Even if your coach gets annoyed. 

 

I wish you the best of luck in the process of seeking equal access. 

 

Best, 

 

Alanna Cronk

Founder of 1AC-CESSIBILITY