ISLLC Standard V: A school administrator is an educational leader who promotes the success of all students by acting with integrity, fairness, and in an ethical manner. The administrator facilitates processes and engages in activities ensuring that treats people fairly, equitably, and with dignity and respect.
Name/Situation: "What about me?"
Problem: Importance of not denying opportunities for students regardless of the effort/resources required especially if those resources are mandated by law.
Key Issues/Questions:
1. What are the laws which govern participation of students with disabilities in school events?
2. To what extent do these laws impact school sponsored activities?
Introduction:
A local middle school inclusion class plans to perform a selection of choral songs during the school's open house. There are currently two students in the class who require wheel chair assistance in order to maneuver about the school. Unfortunatley, the designated performance area includes a stage which can only be accessed by steps. The classroom teachers have discussed their concerns about how these students can be included in the performance. The classroom teachers, parents and administrative team have met to discuss how best to meet the needs of the students. In particular, two points were discussed: 1) Is the student's participation considered a part of the class grade? and 2) If it is determined that the students will participate, how will accomodations be provided?
Analysis and Solution:
The first question posed during the discussion addressed whether the student's participation in this activity would impact their grade in the class. Although it is was determined that the student's participation was voluntary, a basic knowledge of special education law would reveal that this is irrelevant when the circumstances are reviewed as the students' participation is not only right but mandated under law. The parents of the handicapped students have expressed their desire for their children to be allowed to participate in the activity and the students themselves have indicated that they would like to participate, under the law their desires must be met.
Under the "Individual's with Disabilities Education Act" (IDEA http://uscode.house.gov/usc.htm) the guidelines for a "Free Appropriate Public Education" clearly establish the regulations governing the degree to which student's with disabilities must be allowed to participate in regular education activities. These guidelines state "Students with disabilities may not be excluded from participating in non-academic services and extracurricular activities on the basis of disability. Persons with disabilities must be provided an opportunity to participate in nonacademic services that is equal to that provided for persons without disabilities. These services may include physical education and recreational atheletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the school, referrals to agencies that provide assistance to persons with disabilities and employment of students."
Once it was determined that the studetns would participate in the activity, the question of how best to make accomodations was disccused. There are currently two options: 1) A ramp can be built which would allow the students to be on stage or 2) The students can remain on the floor but in front of the stage during the performance.
The parents have expressed that they feel the students should be able to join their classmates on stage and that it is the school's responsibility to provide the means/access to the stage (ie: the school should be reponsible for building a ramp so that the stage could be accessed by the handicapped). It has been noted that although participation is voluntary and will in no way impact the student's grades, they should still have to right to participate as it is a school activity and indeed, under the guidlines noted above, it is the responsibility of the school to provide the resources needed to allow the students to participate.
Denying these students the opportunity to participate would infringe upon their rights as protected under IDEA. Therefore, the classroom teachers met with school administrators to determine the best course of action in providing access to the stage area. It was determined that the school custodian would be asked to obtain information regarding the requirements/guidelines for building a ramp onto the stage. County maintenance personnel would also be involved in completing this activity.
Because this stage area is also used for student recognition events, as well as other drama and musical performances, it was felt that the ramp was needed in order to allow all students with disabilities to participate in school sanctioned/sponsored events, to the fullest extent possible.
Response to Questions:
Some may question the validity of the parent request that the school be responsible for providing access to the stage. However, because this is a school sanctioned activity the students should not be denied to right to participate to the fullest extent possible (see IDEA guidelines above). Further, this accomodation is obviously needed for other school events and appears to be long overdue.
When addressing the needs of students with disabilities it is important that the administrator be aware of all legal mandates and requirements which apply to these students. If activities and events are sanctioned or sponsored for all students then this includes students with disabilites and reasonable accomodations must be made to meet the identified needs.
Evaluation:
While the administrator's response to this situation is acceptable and appropriate, it is somewhat rudimentary in that it appears to be an area of need that has been overlooked previously. Had the administrator been proactive in assessing the needs of the school environment in relation to all students, including those with disabilities, this situation could have been avoided.
Guidelines:
1. All students have a right to a free, quality education.
2. As mandated under special education law, every effort should be made to include students with disabilities in school sponsored events.