The NCAA News - News & Features

Committee studies federal learning-disability response

The committee reviewed suggestions from the U.S. Justice Department that were forwarded to the Academic Requirements Committee after a June meeting between representatives of both groups.

The committee is encouraged by the Justice Department's conclusions that the NCAA:

* Is not required to reduce or modify its academic-eligibility standards for student-athletes with learning disabilities. Rather, the Association has appropriately considered alternative and additional forms of evidence in evaluating whether the standard has, in fact, been met.

* Does not need to accept noncore courses "in lieu of " core courses in determining whether a student-athlete has met the initial-eligibility standard. Rather, instances in which a student with a learning disability does not meet the initial-eligibility standard will be addressed through the initial-eligibility waiver process, and noncore courses completed by students with learning disabilities would be considered by the Council Subcommittee on Initial-Eligibility Waivers in their review of the student's overall academic record.

* Is permitted, as necessary, to seek additional information and/or a second diagnosis regarding a student's learning disability when deemed necessary.

The Justice Department has asked the Association to enter into a formal agreement that specifies the initial-eligibility accommodations provided to students with learning disabilities. The Academic Requirements Committee voted to support the initiative, realizing that such an agreement can be reached only with the support of the NCAA Council and Presidents Commission. To this end, the committee asked the Council how it wishes to involve the Presidents Commission in reviewing the terms of the agreement.

The Justice Department also has indicated its interest in discussing the Association's continuing-eligibility requirements as they relate to students with learning disabilities. The committee will continue to work with the Justice Department in clarifying the accommodations currently afforded to continuing student-athletes to assure compliance with the Americans with Disabilities Act.

Core-course review

In other actions, the committee recommended revisions in a core-course review procedure that had been approved by the Council in 1994 and has been used by the committee since that time. The committee has asked the Council to approve a revised core-course review procedure that differs from the current procedure in the following ways:

(1) A high school will be provided with a 90-day window in which to submit additional information to the NCAA Initial-Eligibility Clearinghouse in the event that it believes the clearinghouse erred in its decision regarding the core-course status of any course not approved as a core course. This provision has the benefit of allowing high schools an opportunity to make their best case why any of their courses should be considered to be core courses before the decision is tied to the eligibility status of any individual prospective student-athlete.

(2) In instances in which a high school submits additional information to the clearinghouse, and the clearinghouse determines that the course is not a core course, information related to these courses automatically will be sent to the NCAA staff for final review and determination based on existing precedent. The NCAA staff will forward to the Academic Requirements Committee's subcommittee on core courses for review those courses that cannot be evaluated by the NCAA staff on the basis of precedent. This subcommittee will make a final determination whether the course in question should be considered a core course. This provision has the desired benefit of having a course reviewed by NCAA staff and the Academic Requirements Committee before the eligibility of specific athletes are in question.

(3) In instances in which a prospective student-athlete does not meet the initial-eligibility standards, an NCAA member institution (not the student and/or that student's family) still will be required to submit an initial-eligibility waiver request on behalf of the student; however, the NCAA Council Subcommittee on Initial-Eligibility Waivers will not address issues related to whether a course should be considered a core course, inasmuch as this review already will have taken place as noted above. The subcommittee will review the student's overall academic record in determining whether to grant a waiver of the initial-eligibility requirements for deserving students.

The new core-course review procedures will be effective for students entering a collegiate institution during the 1997-98 academic year.

The committee also reviewed an August 1995 official interpretation that addressed situations in which academic courses originally approved as core courses have been reviewed again in light of additional information and now are considered unacceptable as core courses.

The Council-approved interpretation indicates that students who have a final certification rendered before the change in a core-course status will not be retroactively affected. However, changes in the status of core courses will be implemented for students who have not yet had a final certification rendered. Students adversely affected by the change in core-course status have been encouraged to apply for an initial-eligibility waiver.

The committee expressed some concern about the implications of this interpretation, including the fact that the waiver process is not available to students who are not being recruited by member institutions. As a result, the suggestion that such cases should be forwarded to the Council Subcommittee on Initial-Eligibility Waivers may not be effective in resolving issues of this nature.

The Academic Requirements Committee plans to communicate its concerns to the Special Committee to Oversee Implementation of the NCAA Initial-Eligibility Clearinghouse, with the intent that a joint committee recommendation could be forwarded to the Council at a later date.

OTHER HIGHLIGHTS

Academic Requirements Committee
July 22-23/Hyannis, Massachusetts

* Reviewed the committee's position on issues related to core courses with Calvin Symons, director of the NCAA Initial-Eligibility Clearinghouse, and identified short-term and long-range goals for curriculum review, which will involve working with high-school curriculum experts.

* Continued to coordinate the efforts of the Academic Requirements Committee, the NCAA Initial-Eligibility Clearinghouse and the Council Subcommittee on Initial-Eligibility Waivers regarding issues relating to initial eligibility.