Cruz v. Pennsylvania

In Cruz v. Pennsylvania, 157 F. Supp. 2d 485 (E.D. Pa. 2001), the Pennsylvania District Court encountered an action brought by a disabled student under the Individuals with Disabilities Education Act, 615, as amended, 20 U.S.C.A. 1415. The Cruz court found that modification of an age rule to permit a student to participate in sports would "not fundamentally alter the nature of the competition." 157 F. Supp. at 499. The Court, the contention was made that the age rule was essential in Cruz to protect athletes from unfairness and to maintain uniformity of standards with regard to the ages of the participants. The court reasoned: "It now seems clear that a rule is essential to a program unless it can be shown that the waiver of it would not fundamentally alter the nature of the program. This determination must be made on an individual basis." Id. The Cruz court also considered the burden to be placed on the athletic administrators in examining individual requests for waivers. The court noted that the administrators would not be overly burdened by such determinations, particularly noting that if the student seeking the waiver had an IEP requiring participation in interscholastic sports, no weighing of relevant considerations would be required. 157 F. Supp. at 500.