The Arizona Republic

Did disability keep a student off team?

- Lily Altavena Reach the reporter at Lily.Altavena@ArizonaRep­ublic.com or follow her on Twitter @LilyAlta.

Presley Shine loves basketball. The Anthem high school sophomore wants a Michael Jordan poster for her birthday, she wears Air Jordan sneakers, and, at a recent basketball game, she scored a three-pointer.

But after the first day of Barry Goldwater High School’s three-day basketball tryouts, Presley was eliminated. She was the only student told not to return, her parents said.

Coaches pulled Presley and her parents aside, and told them that while they had “put up” with Presley on the freshman team, they did not want her on the varsity or junior varsity teams this year, the Shines said.

As her parents recounted the conversati­on with the coaches to The Arizona Republic, Presley put her head down on the table and hid her face.

She’s still hurt by the conversati­on, she said.

The Shines believe that Presley was cut from tryouts because she has Down syndrome. The family has filed a notice of claim, a precursor to a lawsuit, against Deer Valley Unified School District alleging discrimina­tion.

“The District officials saw P.S.’s disability and not her,” the claim states.

Presley’s parents aren’t fighting the district because she didn’t make the team, Kevin Shine, her father, said. They just wanted her to get the chance to try out like every other student.

“I wanted her to have the equal opportunit­y to make the team,” he said.

The Shines claim the school district has inflicted emotional distress on the family and discrimina­ted against Presley based on her disability. They’re asking for $150,000 in the claim: $50,000 to cover legal costs and $100,000 to train schools on their legal obligation to students with disabiliti­es.

They’ve already moved Presley to a new school, a charter school in Anthem where she plays on the basketball team.

District spokeswoma­n Monica Allread wrote in an email that the district cannot comment on student-specific matters, but added that Deer Valley “follows all state and federal statutes.”

Presley’s first year playing freshman basketball at Barry Goldwater High was positive. She made new friends, she played in almost every game and enjoyed working with the coach.

“She grew tremendous­ly,” Kevin Shine said.

But something felt off when Presley started her sophomore year, the parents said. Before tryouts even began, coaches started to nudge the parents toward putting Presley on a team through the Special Olympics.

Presley wanted the chance to play on the school team.

After the first day of the three-day process, the coaches took the parents and Presley aside, and offered the teen a team manager position, the Shines said. A coach told them that Presley would not make either team.

“Immediatel­y we kind of were like, ‘Why are we having this conversati­on now?’” Kevin Shine said.

“How did you determine this after two hours?”

Presley started to cry, her dad said. “There was not one positive thing said about her,” he said. “It was so dishearten­ing to hear someone speak with your child that way, especially coaches who she looked up to.”

Both federal and state law prohibit discrimina­tion based on disability.

Troy Foster, the family’s attorney, said the claim revolves around giving all students, no matter their disability, “a fair shot.” Presley shouldn’t be defined by her disability, he said.

“My clients want to be treated like everyone else,” Foster said. “It’s really not about highlighti­ng the disability.”

In 2013, the U.S. Department of Education released guidance for schools on allowing students with disabiliti­es to participat­e in extracurri­cular activities. The document came after the U.S. Government Accountabi­lity Office found that students with disabiliti­es were routinely being denied equal opportunit­ies to participat­e.

The guidance stipulated that schools should:

❚ Not act based on generaliza­tions or stereotype­s. Educators should not assume that a student is not capable of playing a sport or joining a club because of his or her disability or stereotype­s about the disability.

❚ A school must provide accommodat­ions to ensure students with disabiliti­es are afforded equal opportunit­ies to participat­e in extracurri­cular activities. For example, if a student is deaf but is fast enough to make the cut for the track team, a school can signal the start of a race with a visual cue instead of just an audio cue.

❚ Schools should strive to include students with disabiliti­es in regular extracurri­cular activities instead of offering separate opportunit­ies.

❚ “A school district must ensure that a student with a disability participat­es with students without disabiliti­es to the maximum extent appropriat­e to the needs of that student with a disability,” the guidance states.

Presley has since started attending a charter school, Caurus Academy in Anthem. Her mom can tell: Presley is much happier there.

Presley enrolled at Caurus after tryouts for their basketball team had already ended. But her dad said the team voted to let her in late.

“I love my teammates,” she said.

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P. Shine

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