Tough situation – and one that has come up before in other districts and jurisdictions.
On the one hand, a hard-and-fast age limit seems reasonable when talking about eligibility for high school athletics. But with students on the spectrum spending extra time at secondary schools, a waiver of that limit seems like a reasonable accommodation, doesn’t it?
In a test of the Americans with Disabilities Act (ADA), the parents of a New Jersey high school placekicker with autism who kicked a game-winning field goal have filed a federal civil rights suit to gain their son an extra year of eligibility to play football. Anthony Starego’s game-winning kick in the final seconds of a game last October was immortalized in a video, Kick of Hope, produced by ESPN.
The suit, filed by Raymond and Raylene Starego on behalf of their son Anthony, names the New Jersey State Interscholastic Athletic Association (NJSIAA) for denying Anthony’s request to play one more year at age 19. Also named as defendants were Brick Township High School and the New Jersey Department of Education.
Starego will not attend college, but rather continue studying at Brick Township High School until age 21 as provided under the federal IDEA Act. The NJSIAA in March denied his request for an extra year of eligibility, claiming Starego would bring “college-level skills” onto the field that would give Brick High School “an advantage against other teams.”
via Football Star With Autism Sues for Right To Keep Playing |Advocacy | Autism Speaks.