DID YOU KNOW Extracurricular and Nonacademic Activities

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DID YOU KNOW?Extracurricular and Nonacademic
Activities

• Teri B. Goldman
• Alefia Mithaiwala
• Michael Hodge
• Mickes Goldman OToole, LLC

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2004 Reauthorization of IDEA

• Contains required IEP content.
• Includes the following regarding supplementary
  aids and services
• Aids, services, and other supports that are
  provided in regular education classes, other
  education-related settings, and in
  extracurricular and nonacademic settings, to
  enable children with disabilities to be educated
  with nondisabled children to maximum extent
  appropriate.

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Nonacademic Services

• 1999 regulation Each public agency shall take
  steps to provide nonacademic and extracurricular
  services and activities in the manner necessary
  to afford children with disabilities an equal
  opportunity for participation those services and
  activities.

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Nonacademic Services

• 2006 regulation Each public agency must take
  steps, including the provision of supplementary
  aids and services determined appropriate and
  necessary by the childs IEP Team, to provide
  nonacademic and extracurricular services and
  activities in the manner necessary to afford
  children with disabilities an equal opportunity
  for participation in those services and
  activities.

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Nonacademic Services

• Derived from IDEA which states that the IEP must
  include a statement of the special education and
  related services and supplementary aids and
  services that will be provided to the child to
  participate in extracurricular and other
  nonacademic services.
• Question are those necessary for FAPE?

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504 Regulations

• Under 504, the recipient of federal funding must
  ensure that disabled persons have opportunity to
  participate with nondisabled persons to the
  maximum extent appropriate to the needs of the
  disabled person in nonacademic and
  extracurricular services and activities.

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Discrimination Prohibited

• ADA and Section 504 may not deny a qualified
  disabled person the opportunity to participate in
  or benefit from an aide, benefit or service.
• May not provide different or separate aids,
  services or benefits to disabled persons unless
  that is necessary to provide those that are as
  effective.

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504 Regulations

• A recipient of federal funding that offers
  physical education courses or that sponsors or
  operates interscholastic, club or intramural
  athletics shall provide to qualified disabled
  students an equal opportunity for participation.

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Nonacademic Services

• The legal standard is one of equal opportunity
  for participation.
• Includes counseling services, recreational
  activities, transportation, health services,
  special interest groups,etc.

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Extracurricular and FAPE

• Participation in extracurricular activities and
  nonacademic services is not a FAPE issue.
• But 2004 reauthorization of IDEA
• Issue of accessibility and equal opportunity for
  participation.

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Program Accessibility

• All programs, services and activities must be
  accessible and usable by individuals with
  disabilities.
• Personal devices (i.e. hearing aids) need not be
  provided.
• E.G. Interpreters, braille.

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Criteria for Participation

• Can have guidelines for eligibility and continued
  participation.
• Must apply uniformly.
• Might need to consider waiver in certain
  circumstances.
• Must consider need for reasonable accommodation.

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CASES

• Shelby County (AL) Sch. Dist. (OCR 2002)
  student suspended 3 days from practice which
  resulted in dismissal from volleyball team.
  Under district rules, 3 unexcused absences from
  practices or meetings resulted in ouster.
  District applied policy uniformly.

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CASES

• Kern (CA) Union High Sch. (OCR 2003) - student
  initially denied position of water boy for
  football team because principal expressed concern
  that he might not be able to move fast enough to
  avoid being hit on sidelines. After IEP meeting,
  principal consulted with coach who agreed student
  could be water boy. As result, no 504 violation.

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CASES

• Moses Lake (WA) Sch. Dist. (OCR 2002) --
  district offered appropriate accommodations for
  cheerleader tryouts.
• Marion County (FL) Sch. Dist. (OCR 2001) -
  district agreed to furnish student effective
  accommodations for cheerleader tryouts including
  opportunity to videotape instructions and
  demonstrations.

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CASES

• Uxbridge (MA) Pub. Sch. (OCR 1993) school
  failed to make programs and activities accessible
  because school had no raised letter or number
  signage to identify classrooms, offices, library,
  nurses office, cafeteria and gym. Affected
  access to all programs, activities and services
  at the school.

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CASES

• Fort Worth (TX) Indep. Sch. Dist. (OCR 1993)
  district violated 504 and ADA because two schools
  lacked accessible support facilities such as rest
  rooms, water fountains, alarm systems and
  signage. As result, district unreasonably
  limited participation of disabled students.

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FIELD TRIPS

• Where are you going?

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Legal Issues

• When and to what extent must students with
  disabilities be included in field trips?
• What accommodations must a district make to
  enable disabled students to attend such trips?

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Who can go?

• Must be determined on case-by-case basis.
• District has burden of proving that student
  should not participate.
• Failure to provide notice of trip to students
  with disabilities can result in illegal
  exclusion.
• Extracurricular or part of curriculum?

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Accommodation and Accessibility Issues

• Before deciding on field trips, consider whether
  facility or venue is accessible for all students.

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CASE

• Chesterfield (VA) County Pub. Sch. (OCR 2003)
  district violated 504 when scheduled field trips
  to local theater that was not wheelchair
  accessible. Compounded mistake when solution to
  poor access was to carry students to second floor
  so they could see the performance.

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Reasons for Exclusion

• Exclusion on basis of academic programming
  considerations may be permissible where purpose
  of field trip is related to curriculum and
  disabled students are not studying that
  curriculum.

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CASE

• Troy (MI) Sch. Dist. (OCR 2003) no violation of
  504 when second grader with autism not allowed to
  participate in trip to museum. Student placed in
  EMH classroom but participated on limited basis
  on general education classroom. Trip was
  intended to supplement social studies curriculum
  and student did not participate in that
  curriculum. Participation in the regular
  curriculum was an essential requirement for the
  trip per OCR.

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Accommodations

• If student requires related aids or services to
  participate in school program, including field
  trip, district must provide.
• In OCR complaints, districts have been required
  to make the same accommodations available on
  field trips as those provided to students in the
  classroom.

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Accommodations Parent Chaperone

• District cannot require parent to accompany
  disabled student on field trip when similar
  obligation not imposed upon parents of
  nondisabled students.
• May invite parent to accompany student. If
  student needs aids or services to participate,
  must be provided by district not parent.

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Reasons for Exclusion

• Medical may prohibit student from attending
  field trip if it believes participation presents
  unacceptable risk to students health or safety.
• Need to research nature of disability and
  possible accommodations before deciding to
  exclude on that basis.

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CASE

• Calcasieu Parish (LA) Sch. (OCR 2005) violation
  of 504 where district required parents of student
  with insulin-dependent diabetes to attend field
  trips.

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Reasons for Exclusion

• Robert H. v. Nixa R-2 Sch. Dist. (W.D. MO. 1997)
  - districts refusal to allow student to attend
  field trip did not violate IDEA because students
  participation was conditioned on completion of
  homework and student failed to meet this
  condition.

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CASES

• Quaker Valley (PA) Sch. Dist. (OCR 1986)
  district violated 504 when it excluded student
  with neurodegenerative disorder from field trip
  to local TV station. District afraid student
  would injure herself because of ambulatory
  problems. Evidence did not support exclusion.
  Could have participated had student been provided
  same accommodations provided at school escort
  holding her hand. Principle made unilateral
  decision to exclude.

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CASE

• Nyack (NY) Unified Sch. Dist. (OCR 2004)
  district violated 504 when denied her opportunity
  to participate in trip because of diabetes. Not
  identified as student with disability even though
  aware of surgery and diabetes. Principal sent
  letter to parent before trip saying Due to
  students recent surgery, current instability
  of her diabetes, and the fact that there will be
  no medical staff or supplies on hand. . . your
  child

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• WILL NOT attend the field trip.
• Not allowed on field trip solely because of those
  concerns. Student clearly regarded as disabled
  by district, even though not identified as such.
  
• Surgeon had provided medical clearance for trip
  and district still requiring parent to accompany.

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Playgrounds
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PLAYGROUNDS

• Section 504 states that no qualified individual
  with a disability shall, because a districts
  facilities are inaccessible to or unusable by
  persons with disabilities, be excluded from
  participation in, or denied the benefits of
  services, programs or activities.

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ADA and 504

• Two standards
• Existing facilities 504 those for which
  construction began before June 3, 1977 ADA
  January 25, 1992.
• New construction and alterations those
  constructed or altered after the above dates.

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Existing Facilities

• Question is whether the district operates each
  services, program, or activity so that, when
  viewed in its entirety, it is readily accessible
  to and usable by individuals with disabilities.

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Existing Facilities

• 504 does not necessarily require that district
  make each existing facility or every part of an
  existing facility accessible if alternative
  methods are effective in providing overall access
  to the service, program, or activity.

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New or altered facilities

• The facility must be designed and constructed in
  such a manner that it is readily accessible to
  and usable by individuals with disabilities.
• New alterations require that, to the maximum
  extent feasible, the facility must be altered in
  such a manner that the altered portion is readily
  accessible to and usable by disabled persons.

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Integration

• In addition to accessibility requirements,
  district generally obligated to conduct each of
  its programs and activities in most integrated
  setting appropriate to the needs of qualified
  individuals with disabilities.

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Recreational Activities

• District must specifically provide recreational
  activities in such a manner as necessary to
  afford disabled students an equal opportunity for
  participation. Because these services and
  activities are part of the education program,
  they must be provided in the most integrated
  setting appropriate.

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Playground Facility

• A playground is a facility under 504 and ADA.
• A playground facility includes both the structure
  or equipment installed to provide play
  activities, and the surface surrounding such
  structure or equipment.

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OCR enforcement

• Until standards adopted, districts compliance
  evaluated by considering, as to each playground
  facility, under review
• Whether the range of activities that is
  accessible to children with disabilities is
  equivalent to that which is offered to children
  without disabilities.
• Is the playground route accessible, firm, stable
  and slip-resistant?
• Is the surface beneath the equipment firm,
  stable, slip-resistant and resilient?

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OCR enforcement

• Not every component or element of the playground
  structure need be accessible.
• Where the components provide different types of
  play structure activities, such as sliding,
  riding, swinging or climbing, at least one of
  each type of activity must be accessible to
  children with disabilities.

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Accessible Routes

• OCR looks at
• date of construction or alteration.
• whether there are accessible routes to enter the
  playgrounds.
• whether there are ramps, and if those firmly
  connect to the playground.
• surface cover.

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Play Components

• Analyze ground-level v. elevated play components.
• Playground standards - If at least 50 of
  elevated play components are on an accessible
  route which must include at least 3 different
  play types then additional ground-level
  components are not required.

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Sample IEP

• Nonacademic and Extracurricular Activities
• Will the student have the opportunity to
  participate in nonacademic/extracurricular
  activities with his/her nondisabled peers?
• ___ YES.
• ___ YES, with supports. IEP team must
  determine. Describe necessary supports for equal
  opportunity
• __________________________________________
• ___ NO. Explanation must be provided
• __________________________________________

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Sample IEP

• Consider list of activities in the District as a
  checklist.
• Consider whether the supports should be discussed
  and determined at the annual IEP or subsequent to
  that meeting when parent determines which after
  or before school activities the student chooses.
• Remember, still need supports for activities
  available during the school day.

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Sample IEP

• Consider adding some language that would make
  explicit that the supports listed are not part of
  the provision of FAPE.
• Although the IEP team is required to consider
  and determine those supports the student needs
  for an equal opportunity to participate in
  extracurricular and nonacademic activities, the
  following listed supports are not necessary for
  the provision of a free appropriate public
  education to this student under the IDEA, but are
  listed for the sole purpose of allowing the
  student the required equal opportunity.