A wheelchair athlete?s quest to earn points in state and regional track and field competitions hinges on a federal judge?s definition of “participation.”
Tatyana McFadden, a 17-year-old Atholton High School junior who is paralyzed from the waist down, won the right to score points for her school?s track team in a deal brokered with Howard County Public Schools in January.
A federal court hearing Wednesday represented the next step, but U.S. District Judge Andre Davis said he was unsure McFadden?s suit, which challenges thestate on the basis of the Americans with Disabilities Act, could hold.
“Your rhetorical device ? and this is not meant as a criticism ? is that participation equals points,” Davis said.
If Davis rules in her favor, the state would be forced to score her, but to what degree would be left up to the Maryland Public Secondary Schools Association.
So, Davis asked, could they award her a fraction of a point?
“I would hope not, your honor,” said Lauren Young, McFadden?s attorney.
“I can?t act on hope,” the judge said.
Young argued that not scoring McFadden deprived her of the complete experience afforded her peers.
“How do you get that camaraderie, how do you get that locker room understanding when you?re told you?re different and you don?t count for anything?” Young asked.
Points, said Assistant Attorney General Elliott Schoen, who represents the state, do not make participation meaningful.
“It?s the sum of the experience that is greater than it?s parts,” he said.
McFadden, outside the courtroom, said, “It?s just that feeling of being included. It?s what high school is all about.”
Davis said he would issue an order by the weekend. McFadden?s regionals begin May 17.
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