dankrist Posted March 12 Posted March 12 My 10 yr old has an anxiety and panic disorder as well as ADHD (she has a 504). She is participating this year in a program that is run by a non-profit and hosted at her school. The program consists of 1x weekly activities that take place concurrent with the afterschool program and a 1x monthly field trip that takes place during the school day. During the past two field trips, downhill skiing and cross country skiing, my daughter has expressed significant feelings of frustration that balloon into panic attacks/meltdowns. This has, at times, led to the need for a separation from the group with one-on-one support by staff or alone time. We do know that physical activities are challenging for her; she is not naturally coordinated. And being in a big group of other kids increases her stress on multiple fronts. However, she also says she likes doing these activities and she wants very badly to participate. My question is about an email we were sent from the organization's Director of Programming. She summarized the difficulties my daughter has had on those trips, acknowledged they are aware of her anxiety, and said that a parent will be required to join during the next two "high intensity" field trips (mountain biking and a harbor island trip). I'm not opposed to chaperoning, but I am concerned by it being a requirement that will exclude my daughter from the field trips if we cannot attend. That said, this organization is separate from the school/district and so I'm not clear on whether this is a requirement they can set? I'd appreciate any insight. We're in MA. In any case, I'm keeping this as documentation of the degree of her needs. She's academically ahead of grade level and scores extremely high on cognitive tests, so her deficits and struggles tend to get downplayed. Quote
Administrators Lisa Lightner Posted March 12 Administrators Posted March 12 This is definitely a tricky situation. On one hand, you want your daughter to continue participating in these activities she enjoys. On the other, the organization seems to be placing an unfair burden on your family by requiring a parent chaperone as a condition of participation. Can They Do This? Since this program is run by a nonprofit and not the school district, they may have more flexibility in setting their own participation requirements. However, if the program is operating within the school and during school hours, there could be an argument that they should be following Section 504’s nondiscrimination requirements—meaning they can’t exclude your child simply because she needs accommodations. Next Steps Clarify the Requirement in Writing Ask the Director of Programming for clarification: Is this a blanket policy for all students with anxiety/panic disorders, or is this specific to your child? Is there any alternative support available if a parent cannot attend? What is the legal basis for excluding a child due to their disability-related needs? Loop in the School (If Needed) Since this happens during the school day, you might consider discussing this with the school’s 504 coordinator or administrator. Even though it’s a nonprofit, if the school is actively hosting or endorsing the program, there might be some responsibility to ensure accessibility. Document Everything You’re already on top of this, but keep records of: Your daughter’s experiences (meltdowns, triggers, what helped/didn’t help) Communications with the organization and school Any patterns of exclusion Consider an Accommodation Request If the nonprofit won’t budge, you might propose a different accommodation—such as additional staff support—so that your daughter can still participate even if you can’t attend. Ultimately, this might come down to how much oversight the school has over the program and whether it’s considered an extension of the school’s offerings. If it is, they may need to ensure accessibility under Section 504. Quote More ways I can help with your IEP or 504 Plan NEW: Anxiety at School Toolkit NEW: How to Know if your Child's IEP is Working Online Advocacy Training (always new, because new content gets added every month) IEP Data Collection for Teachers and Staff
dankrist Posted March 13 Author Posted March 13 Thanks very much, Lisa. That's helpful guidance on how to proceed. As I'm sure you know, it's hard to see her struggle with things that most of her peers do not, but that heartbreak is compounded when she is left out. Quote
JSD24 Posted March 13 Posted March 13 No matter who is running the program, a disabled person is required to get reasonable accommodations under the ADA. It isn't right, IMO, for the program to unilaterally decide what those accommodations will be. In other words, you should be able to negotiate the support your child will get. Ex: if you have another adult who can go as her support person, this should be OK to do - it shouldn't have to be a parent. They don't need to follow her 504 but it can be used as a guide for what support she'll need. Does it make sense for the 504 to be amended to include that the school provides a 1:1 on school trips given it's needed with trips this program does? Quote
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