Transcript Texas AgriLife Extension Service & The Land Grant System

ADA
Child Protection
Title IX
Applications to Youth Programming
Dr. Jill Martz
Extension Specialist – Youth Development
Executive Professor - RPTS
ADA, Child Protection, Title IX
The purpose of this presentation is to:
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Identify guiding legislation
◉ Child Protection
◉ ADA – Americans With Disabilities Act
◉ Title IX – Federal Education Amendments
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Highlight key concepts and applications
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Review guidelines and policies
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Introduce resources – see (texas4-h.tamu.edu)
ADA, Child Protection, Title IX
As professionals who work with youth, we have a responsibility to:
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Protect staff and volunteers by providing sound guidance
and direction
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Protect the children we work with
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Protect the system and funders from negative press and
legal issues
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Serve as a model for other youth serving organizations
◉
Follow the law….but more importantly – do the right thing
ADA, Child Protection, Title IX
texas4-h.tamu.edu - Agents - Protecting Youth
Protecting Our Youth
The Texas A&M AgriLife Extension Service 4-H Youth Development Program is committed to offering
a program that provides a safe and inclusive environment for all youth. To support this commitment,
the 4-H program has created resources and provides guidance related to inclusive environments and
applications to the Americans with Disability Act of 1990; Child Protection and Camps and Programs
for Minors; and Sexual Discrimination and applications to Title IX of the Federal Education
Amendments of 1972. Clicking on each of the links below will take you to these resources.
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Inclusion and ADA
Camps and Programs for Minors
Sexual Discrimination and Title IX
Websites
Protecting Our Youth
Camps and Programs for Minors
Inclusion and ADA
Sexual Discrimination and Title IX
ADA, Child Protection, Title IX
Role of the Agent/Specialist/Program Coordinator
◉ Know and follow the guidelines/expectations
◉ Make sure others involved with the program are in compliance
◉ Complete required documentation
◉ Keep appropriate files to support documentation
◉ Ask for assistance in areas where you have questions/concerns
◉ Contact: Jill Martz, ([email protected]) with questions/concerns
Child Protection
Involves Camps and Program for Minors as Defined by TX State Law
and Clarified as:
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Programs for minors that are sponsored and operated by members
(Extension) or third parties using member property/facilities
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where full supervisory duties of the minor(s) is the member
(Extension) or third party’s responsibility and that are held for
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more than one consecutive day without an overnight stay or that
involve overnight stays
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with the member (Extension) providing supervision, instruction, and/or
recreation where the children are apart from their parent(s)/legal
guardian(s).
Child Protection
Camps and programs are defined in the broadest sense of the
words. The key is to determine if the camp or program meets the
criteria previously outlined ◉ consecutive days or overnight,
◉ full supervisory responsibility (includes the use of volunteers
as chaperones)
◉ no parents or guardians present to monitor child’s behavior
◉ applies to all Texas camps and programs for minors – includes
4-H and non 4-H led activities provided by Extension
Child Protection
What about Camps and Programs for Minors Not on
Consecutive Days or Overnight?
The guidelines and procedures outline best
practices to use in any youth program.
While the requirements are not mandatory, they are
useful in guiding all program delivery and
addressing risk and liability.
Documentation Requirements:
Checklist form - available at (texas4-h.tamu.edu)
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Activity Approved in Writing (Procedure Reference 1.0 and 10.0)
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Risk Assessment Matrix Completed (Procedure Reference 7.0)
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ADA Accommodation Statement and Provisions Made (Procedure Reference 11.0)
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Waiver, Indemnification and Medical Treatment Authorization Forms – (Procedure Reference 6.0)
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Authorization for Dispensing Medication Forms with Completed Record (Procedure Reference 5.0)
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General Liability and Accident Medical Insurance (Procedure Reference 12.0)
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Child Protection Training Completed (Procedure Reference 13.0) thru 4-H Connect
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Background Checks completed and Approved (Procedure Reference 2.0)
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Adequate Chaperone/Youth (1:8) ratio (Procedure Reference 9.0)
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Volunteer Camp/Program Chaperone or Overnight Position Descriptions (Procedure Reference 8.0)
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Chaperone Orientation (Procedure Reference 8.0)
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Texas Department of State Health Services “Camps and Programs for Minors” Form
(Procedure Reference 14.0 - as applicable)
Including Youth with Disabilities
The Americans with Disabilities Act (ADA) - Why is it Important?
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The Americans with Disabilities Act (ADA) of 1990 and Section 504 of the
Rehabilitation Act of 1973 are federal antidiscrimination statutes designed to
ensure equal access to opportunities and benefits for qualified individuals
with disabilities. The acts seek to remove barriers preventing qualified
people with disabilities from enjoying the same programs and employment
opportunities, independent living and economic self-sufficiency enjoyed by
those without disabilities.
Including Youth with Disabilities
What is a Disability?
A disability is defined as a physical or mental impairment
that substantially limits one or more major life activities
such as seeing, hearing, dressing, feeding, learning, and
playing.
It’s important to note that while youth may have
impairment in one area, they may also have exceptional
talent in another.
Including Youth with Disabilities
What Disabilities Might Youth Have?
ADD
Autism
Diabetes
Epilepsy
Muscular Dystrophy
Spina Bifida
Tourette Syndrome
AD/HD
Asthma
Cerebral Palsy
Cystic Fibrosis
Down’s Syndrome
Dyslexia
Hearing Impairments
Speech & Hearing Disorders
Spinal Cord Injuries
Visual Impairment
Including Youth with Disabilities
What Does Inclusion Mean for Youth with Special Needs?
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All youth need opportunities to be involved in activities unique
to their own talents and interests.
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4-H and other youth organizations can be an empowering
pathway for youth with disabilities and their families to receive
what they want and need:
◉ the opportunity to be involved
◉ to form friendships
◉ to gain life skills.
Including Youth with Disabilities
When Promoting Youth Programs:
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Include an appropriate statement for accommodation requests in all media
(electronic and print) promoting every event and activity.
If you need any type of accommodation to participate in this program or have
questions about the physical access provided, please contact __________
(list name and phone number of the local Extension office and program
contact) by ____________ (include a deadline at least 2 weeks prior to the
program or event)
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If a request is made – the Extension office should follow the pre-established
guidelines in making a decision as to a reasonable accommodation.
Including Youth with Disabilities
Guidelines to Follow when Determining Reasonable Accommodations:
Step 1: Identify the Situation
Through the registration process, Extension becomes aware of a participant with a
disability by one of the following ways:
• the person tells the staff that she or he has a disability;
• the person has a visible disability;
• information on the medical release form or registration states the person has a
disability and requests an accommodation.
Including Youth with Disabilities
Step 2: Request Information
• Ask the person if she/he has any functional limitations as a result of the disability.
Examples of functional limitations might include blindness, inability to walk, inability
to use hands or other limbs, inability to stand for long periods of time, inability to
hear, etc.
Once information is gathered:
• Ask the person if the functional limitations would interfere with or prevent
participation in the program.
If the answer is yes, then…..
• Ask the person if there are any accommodations that could be considered to enable
the individual to participate. Examples of possible accommodations are modifications
to rules and policies, elimination of architectural barriers, providing interpreters,
modifying equipment, etc.
If the answer is no, then …..
• The usual registration process would continue.
Including Youth with Disabilities
Step 3: After this information is gathered then…..
• Determine if the suggested accommodations are reasonable. If there are questions about whether
the accommodations are reasonable complete the form provided and contact:
Jill Martz, Extension Specialist – 4-H Youth Development: Inclusion
([email protected])
who will consult with the appropriate system contact to determine if the suggested
accommodations are reasonable and safe and if accessibility should be provided.
Points to Consider:
If accommodations do not alter the fundamental nature of the program, are safe for the individual and
other participants and do not cause an undue hardship to Extension – then a reasonable
accommodation should be provided.
Allowing or refusing accommodations is done on a case-by-case basis.
Including Youth with Disabilities
General Guidelines When Working with Youth with Disabilities:
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If a parent or guardian requests an accommodation, ask her or him what they feel
would help the child to be successful?
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Offer a reasonable accommodation that promotes a positive experience for the child
but does not cause an undue hardship for Extension or pose a direct threat to the
safety of the participant or others.
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Consider each case individually.
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Consider allowing a caregiver, sibling or older teen or volunteer to provide
assistance and adjusting or eliminating the cost for registration, meals or lodging.
This is often less of a burden than 24/7 assistance from a professional provider.
Including Youth with Disabilities
When Working with Youth with Disabilities or Interacting with
their Parent/Guardian: Use people first language –
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He/she has a cognitive disability not He is mentally challenged
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Say “the person/child with a disability” not “the disabled child”
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He/she has Down’s syndrome not He/she’s a Down’s child
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He/she uses a wheelchair not He/she is wheelchair bound
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He/she is a child who needs assistance not He/she is a special needs
child
Including Youth with Disabilities
When Working with Youth with Disabilities:
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Create an environment in which all members feel accepted and secure.
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Include members with disabilities by accepting them as young people who
have the same needs, interests, and challenges as other youth.
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Learn about the child’s disability to better understand their abilities and
limitations.
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Remember each person has a chronological, emotional and social age, and a
given level of physical development and capability. He/she may be
functioning differently in each area.
Including Youth with Disabilities
When Working with Youth with Disabilities:
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Be firm and use behavioral modification techniques when needed,
but also be quick to praise.
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Break tasks down and honor requests for additional direction or
guidance.
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Encourage physical activities but allow multiple ways to be involved
and engaged.
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Be aware of any medications being used and their side effects
Title IX and Youth Development
What is Title IX?
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Title IX of the Federal Education Amendments of 1972 prohibits
discrimination on the basis of sex in any educational program or
activity receiving federal assistance
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“No person in the United States shall, on the basis of sex, be
excluded from participation in, be denied the benefits of, or be
subject to discrimination under any education program or activity
receiving Federal financial assistance”
Title IX and Youth Development
What Does This Mean?
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Applies to all programs receiving federal funding
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Youth programs should review and eliminate any practices that limit,
deprive, or tend to deprive any youth of opportunities for
membership or otherwise discriminate against these youth because
of gender
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Programs should also review all programming efforts for
discrimination based on race, color, sex, religion, national origin, age,
disability, genetic information, or veteran status that would deprive
youth of educational opportunities
Title IX and Youth Development
What Does This Mean?
The practice of arranging competitions, or awarding trips, other
awards or scholarships on the basis of male and female categories
is not acceptable in youth development programs
Requirements for competitions must provide equal access for all
youth and cannot be designed to create barriers to participation
A program may not accept sponsorships, donations or awards
that are based on discriminatory practices
Title IX and Youth Development
What About Awards for Males and Females?
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Contests based on member participation and/or records of achievement,
which involve the outcome or impact of educational programs and
knowledge, are not appropriate for gender-based selection and are not
exempt from Title IX.
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This means gender is not acceptable criteria to use as a means of
classification or determination in award categories such as Gold Star
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Contests such as fair king or queen which are based on a combination of
factors related to personal appearance, poise and talent of participants are
permissible and exempt from Title IX.
Title IX and Youth Development
What About Activities Involving Ongoing Physical Contact?
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It’s okay to limit participation in activities involving ongoing
physical contact
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These activities are considered to be exempt from Title IX
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It is recommended to provide alternative parallel activities
so that either gender has opportunities to fully participate
Title IX and Youth Development
What About Clubs that Only Attract Members of One Sex?
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If all reasonable efforts are made to advertise and attract
diverse membership, the choice to belong is based on interests
and not considered to be a result of exclusionary membership
policies
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However, those designing or determining program emphasis
should provide diversity in the types of program/activities
offered in meeting the needs of the local community
Title IX and Youth Development
Are There Other Things to Consider?
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Sexual harassment, including sexual violence, is a form of
sex discrimination and therefore prohibited under Title IX
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Look further and consider sexual harassment in a
comprehensive review of programs and practices
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Activities seen by some as harmless pranks – could be
viewed as sexual harassment
Title IX and Youth Development
What Does Sexual Harassment Include?
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Inappropriate touching, patting or hugging, nonconsensual sexual
activity, invasion of sexual privacy
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Obscene phone calls, texts, emails, photographs or gestures that
meet the severe, persistent or pervasive standard – subject to
interpretation based on age and other areas of development
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Encompasses anything that interferes with a participant’s
education – whether in person or in electronic form
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Involves, but is not limited to, bullying, hazing or cyberbullying
Title IX and Youth Development
What Does this Mean?
“Boys Being Boys” or “Just Mean Girls” are no longer acceptable explanations
If you know or suspect sexual harassment, bullying, hazing, cyberbullying or
some other form of inappropriate activity related to your programming, you
have a responsibility to respond
Remember there is a clear legal division between adults and minors and the
legal ramifications of actions between them
This legal division includes those who are 18 and still in a youth program
Title IX and Youth Development
What is Your Responsibility?
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Be involved – observe, listen and monitor all activities
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Limit unstructured and unsupervised free time
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Use a proactive approach to set the right tone and lessen the probability of
negative behaviors
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Set clear boundaries and expectations with appropriate consequences for
those who choose not to follow them
Title IX and Youth Development
What is Your Responsibility?
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Address problems promptly when they arise or as you become
aware
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Follow through with consequences for negative behavior and
include a defined plan for improvement with an agreed upon
timeline for positive change
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Keep a written record of the situation and follow-up to make sure
the situation is resolved
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Maintain confidentiality
ADA, Child Protection, Title IX
What if I follow this and something tragic happens?
Get emergency help first by contacting 911, law
enforcement, fire department or other agency such
as Child Protective Services as appropriate
If a person has cause to believe there is abuse or
neglect, the first report should be to law
enforcement (System Reg. 24.01.06, Section2)
Contact your Immediate Supervisor
ADA, Child Protection, Title IX
What if I follow this and something tragic happens?
Maintain confidentiality and instruct leaders to do the same
Complete required paperwork including a summary of the
event/situation
Refer media inquiries to the agency identified
spokesperson(s)
District Extension Administrator
State 4-H Leader
Extension Specialist – 4-H Youth Development: Inclusion
ADA, Child Protection, Title IX
Questions, Comments or Concerns?
Please contact:
Jill Martz
Extension Specialist, 4-H Youth Development: Inclusion
([email protected])