ADA complaint filed
By Alice Felts
First in a series
When a mother sends her child off to school, she expects him or her to be able to get inside.
But Carina Elgin found that her daughter Caroline had a difficult time accessing her high school this past year. Caroline has cerebral palsy; she uses a wheelchair and is accompanied by a service dog.
Elgin is aware of accessibility issues. As a volunteer on the Disability Services Board, she said that residents continually complain about not being able to access public facilities. In an attempt to be proactive, she said that she has worked for three years to bring some accommodation issues to the school system, but she feels that these needs have not been addressed.
So Elgin took a step that she really didn't want to take. She filed a complaint with the U.S. Department of Education Office of Civil Rights. “They were extremely responsive,” she said.
In a letter sent to Elgin, the DOE-OCR said that it evaluated the complaint and “decided to open it for investigation.”
“Please note that opening the allegations for investigation in no way implies that OCR has made a determination with regard to their merits,” the letter noted.
“I love this county," Elgin said, but "the fact is, this county needs to obey federal and state law, and do the right thing. I wish it hadn't required me to go to such measures, but there seemed to be no other way to get anyone's attention.”
According to both Elgin and school Superintendent Dr. Jonathan Lewis, OCR representatives will be visiting FHS next week
The DOE identified several of Elgin's allegations to investigate.
The school denies physical access to the buildings by failing to provide two elevators with student independent access, by not providing an accessible route from the main building to trailers without traveling on the road in the path of traffic, and by not developing a written evacuation plan in the event of an emergency.
The allegations also claim that the school discriminated against Caroline Elgin by denying the use of her service dog on school grounds except during events open to the public.
The DOE indicated an investigation would include the school's failure to provide an accessible route to the front entrance, signage indicating the location of accessible entrances, accessible van parking spaces, and an accessible back entrance.
Access issues are not limited to the academic buildings. The complaint identifies the lack of an accessible route to the school's football field, along with the lack of appropriate restroom facilities in the football field area.
Disability discrimination in public schools is covered under two laws, commonly referred to as Section 504 and Title II.
Section 504 applies to those who received federal grants and Title II covers public institutions.
Regarding a school environment, the laws apply to academic programs, extracurricular activities and athletic events, on or off campus. And it not only includes students, but parents and employees, as well.
There is a distinction, however, on whether the building was constructed before or after 1977.
While the buildings built in the last 30 years must be fully accessible, those built prior to that date require only that the program or activity be accessible. This may mean relocating the event to an accessible facility.
While a person with a disability cannot be excluded from participation, schools are not required to make every part of an existing facility accessible to and usable by persons with disabilities. Schools are not required to make structural changes in existing buildings in which other methods for achieving compliance are effective.
Lewis answered accessibility questions at the recent Sunday Supper Club meeting. He said that he believed that the school system meets the legal requirements of the Americans with Disabilities Act, but not the “spiritual” requirements.
While the new Kettle Run High School meets all the ADA requirements, the other two county high schools are not as accessible, with the oldest, Fauquier High School, being the worst.
Lewis said that he and the school board are committed to rectifying the situation. Since a large renovation would be required for Fauquier High, it has been on the school system's proposed capital improvement plan for some time.
Greg Livesay, facilities manager for Fauquier County Public Schools, said that the high school meets the legal requirements of providing reasonable accommodations as set forth in the ADA legislation.
According to Livesay, Fauquier High will have a new entrance ramp after school starts in the fall. The ramp, however, will not be at the main entrance to the school because there is not enough room to achieve the proper slope. Instead, the ramp will be on the side of the main building which has immediate entry into the main hall of the school building.
The ADA also provides relief from “undue hardship.” Undue hardship is defined as an “action requiring significant difficulty or expense.”
The law takes into account the nature and cost of an accommodation and the structure and geography of the facilities. Undue hardship could include the overall financial resources.
Next week: Fauquier County is allegedly non-compliant in some of its public facilities.
E-mail the reporter: afelts@timespapers.com.