Prep Swimmer Loses ADA Lawsuit

In an effort to break down some, if not all, of the barriers facing students with disabilities, the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973 require that schools make accommodations for students with disabilities that do not fundamentally change the nature of the activity. The question of what constitutes a reasonable accommodation, therefore, is usually vital to most ADA and Rehabilitation Act cases.

"S.S.," the plaintiff in Schor v. Whitesboro Central School District [2012 U.S. Dist. Lexis 11727], was a high school freshman who suffered severe anxiety attacks in public. Upon enrolling at Whitesboro Senior High School, S.S. joined the school's swim team. S.S.'s parents on numerous occasions informed the school and the coach what to do when she suffered an anxiety attack — during severe onsets of anxiety, they said, S.S. would experience fears of drowning and would need to exit the pool to ease her anxiety. S.S. experienced a severe anxiety attack at a time trial and at a swim meet, and in both cases, her coach showed little compassion, at one point threatening to kick her off the swim team.

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