by Jeremy Neff | Dec 23, 2013 | General, Special Education, Student Education and Discipline
The federal Office for Civil Rights (OCR) issued a “Dear Colleague Letter” on January 25, 2013, that seemed to require school districts to offer alternative sports options for children with disabilities. OCR is charged with enforcing Section 504, among other laws. The letter suggested that wheelchair basketball, for example, might need to be offered when a wheelchair-bound child cannot be accommodated in the existing basketball program. Controversy ensued, and ERF advised clients that there is no requirement to create new activities to provide opportunities for those who cannot be reasonably accommodated in existing activities. This month OCR issued a letter that confirms ERF’s earlier advice. OCR’s letter explains that it does not believe that Section 504 requires the creation of new activities for children with disabilities (essentially rescinding its earlier guidance).
In its earlier letter, OCR wrote that:
“Students with disabilities who cannot participate in the school district’s existing extracurricular athletics program – even with reasonable modifications or aids and services – should still have an equal opportunity to receive the benefits of extracurricular athletics. When the interests and abilities of some students with disabilities cannot be as fully and effectively met by the school district’s existing extracurricular athletic program, the school district should create additional opportunities for those students with disabilities.
“In those circumstances, a school district should offer students with disabilities opportunities for athletic activities that are separate or different from those offered to students without disabilities. These athletic opportunities provided by school districts should be supported equally, as with a school district’s other athletic activities.”
It went on to explain that when there are not sufficient wheelchair bound athletes to support an activity a district could work with other districts to form a joint team, form co-ed teams, or encourage non-disabled students to participate. Beyond the logistics and time required by this mandate, districts were alarmed by the cost of funding new programs even as they are being forced to cut funding for existing programming.
With its recent letter OCR unequivocally steps back from the requirements set forth in its prior letter. It writes that while a district might choose to create new programs for children with disabilities, “it is not OCR’s view that a school district is required to do so.” Pressure from school districts and the organizations that work for and support them clearly had a significant role in forcing OCR to rethink its earlier letter. In fact, the letter earlier this month was in response to a request by the National School Boards Association for clarification. The new letter is being reported here not only because it puts to rest any notion that districts must create separate sports for children with disabilities, but also because it shows that school districts can effectively lobby for change. At a time of unprecedented new requirements and unfunded mandates this is an important lesson.
Both OCR letters on extracurricular activities are also a good reminder about the importance and scope of Section 504. This law is meant to “level the playing field” for children with disabilities. It applies to a broad range of disabilities – far more than those covered by IDEA. It also applies to all services, activities, and benefits offered by a school district. Regarding extracurricular activities, a qualified child with a disability has a right to reasonable accommodations to allow the child to try out for and participate in sports. Precisely what this means depends on the facts of each case, but suffice it to say that schools need to be creative about developing, and committed to providing, equal opportunities to children with disabilities both in the classroom and on the playing field. Please contact a member of our Special Education Practice Team for assistance in complying with Section 504.
by Pamela Leist | Sep 29, 2013 | Student Education and Discipline
The Ohio Department of Education (ODE) recently published additional guidance to clarify certain provisions of the Third Grade Reading Guarantee. ODE’s guidance addresses minimum achievement levels for promotion to fourth grade, summer and midyear promotion of students to the fourth grade, and a description of the Ohio Achievement Assessment (OAA) alternatives.
Promotion Requirements
According to ODE, for the 2013-2014 school year, a student must obtain at minimum score of 392 on the 3rd grade OAA to be promoted to the 4th grade, unless the student qualifies for one of the following exceptions:
- A limited English proficient student who has been enrolled in U.S. schools for less than three full school years and has received less than three years of instruction in an English as a second language program;
- A special education student whose IEP specifically exempts him/her from retention under the Third Grade Reading Guarantee;
- Any student who has received intensive remediation for two years and was previously retained in kindergarten through the third grade; or
- A student who demonstrate reading competency on a Reading OAA Alternative approved by ODE.
OAA Alternative
OAA alternative assessments will be aligned to the end of the year 3rd grade reading standards. The required score on these alternate assessments will be comparable to, or more rigorous than, the OAA proficient score. ODE will release a list of available OAA alternative assessments in February of 2014. All districts must administer alternative assessments upon parental request for any student who scores below the required cut score on the Spring OAA. In addition, districts may continue to administer OAA alternatives through the summer.
Summer Promotion
If a student fails to meet the required cut score on the Fall OAA, Spring OAA, and OAA alternative, the student should continue to receive intense reading intervention during the summer. ODE will provide a Summer OAA for districts to administer to students who have failed to meet the required cut score for promotion to the fourth grade. If a student can acheive the minimum required score of 392, the student shall be promoted to the fourth grade but should continue to receive reading intervention.
Midyear Promotion
A district is required to develop procedures for midyear promotion to fourth grade for any student who is retained in third grade but who later demonstrates required grade level reading proficiency. In addition, the law mandates a district provide instruction commensurate with student achievement levels in a specific academic ability field if a student who has been retained demonstrates proficiency in that field. However, ODE suggests that if a district believes a student may be eligible for midyear promotion, the district should provide instruction at the fourth grade level in all subject areas. ODE recommends that districts include in their procedures a process of assessment to determine a student’s proficiency in academic content to meet the requirements listed above. The district should also include specific procedures for provision of academic supports when a student is promoted to fourth grade midyear.
Reference:
A full version of ODE’s guidance on “Student Promotion and the Third Grade Reading Guarantee” can be accessed by clicking here.
by Gary Stedronsky | Dec 27, 2012 | Student Education and Discipline
Over the past several years increased attention has been paid to head injuries and concussions in sports. The NFL seems to capture most of the headlines in this area; however, head injuries can occur in any sport and at any level. Last week, Governor John Kasich signed House Bill 143, which is designed to protect youth athletes who suffer concussions.
The Bill requires parents to submit a signed form acknowledging receipt of a concussion and head injury information sheet that will be created by the Department of Health. Students are prohibited from practicing or competing in interscholastic athletics until this form has been submitted. Districts must also require all coaches and referees to hold a pupil-activity permit issued by the State Board of Education (referees may satisfy the requirement through specified alternative training programs). The Bill also requires the State Board of Education to require completion of brain trauma and brain injury management training prior to issuing pupil-activity permits
An important component of the Bill is the requirement that student-athletes be removed from athletics when exhibiting signs, symptoms, or behaviors consistent with a concussion or similar head injury. Once a student is removed by a coach or referee, the student is not allowed to return to practice or competition for at least 24 hours and until assessed and cleared for return by a physician. The physician must provide written clearance that it is safe for the student to resume participation.
Also of importance is the immunity from liability that is provided by the Bill. School authorities, employees, and volunteers (including coaches and referees) are protected from civil liability for injury, death, or loss that arises from providing the services or duties required by the Bill, unless their act or omission constituted willful or wanton misconduct.
Under the Bill, the Department of Health is required to create a concussion and head injury information sheet for sports participants and to provide a link on its website to one or more free online concussion training programs.
