Playground Accessibility

I recently took my niece to play at a newly constructed elementary school playground. I noticed that much of the engineered wood fiber (EWF) had been kicked out of the areas below the swings, climbing equipment and slides. The EWF seemed fluffy” and not at all compacted. As I crossed the drifts and ruts in the playground’s surface, I was glad I was wearing sturdy laced athletic shoes. 

While watching my niece, I sat on a bench and visited with a mother whose 9 year old son who was seated next to her in a wheel chair. While we talked, she kept an eye on her 7 year old son and his friend who were running across the ramps of the colorful playground structure. She told me that she wished her 9 year old  could also enjoy the playground, but that despite his good upper body strength, he cannot wheel his chair across the wood chip surface without becoming stuck after a few feet. She said that she can no longer carry him to the swings, or take his wheelchair to the ramp of the playground structure, then carry him to his wheelchair. I explained to her that the Americans with Disabilities Act requires that school playground surfaces be accessible to children who use wheelchairs and the adults who supervise them.  I further explained that a complaint could be filed with the U.S. Department of Education Office of Civil Rights or the U.S. Department of Justice Disability Rights Section to enforce her son’s right to an accessible playground surface.

Here’s a quick explanation of the ADA law that applies to school playground surfaces, and some information about how find out about the installation and maintenance required in order for a particular EWF playground surface to be “ADA compliant.”

Applicable Law

Title II of the Americans with Disabilities Act (ADA) is a statute that prohibits nondiscrimination on the basis of disability by state and local entities including public schools.  It provides that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. 

The ADA’s implementing regulations require each newly constructed or altered facility to be readily accessible to and usable by individuals with disabilities. State and local government facilities must follow the requirements of the 2010 Accessible Design Standards. 

A school playground that has been altered or newly constructed on or after March 15, 2012, must comply with sections 1008.2.6.1 and 1008.2.6.2 of the 2010 Accessible Design Standards.

1.  Section 1008.2.6.1 of the 2010 Standards addresses access for children with mobility disabilities and for adults who cross the playground to supervise children. It requires the playground ground surface to comply with ASTM F 1951 at the time of installation and throughout the life of the playground. The playground surface under and around play equipment must also comply with ASTM F 1292. 

2.  Section 1008.2.6.2 requires that playground surfaces comply with the shock-absorption standards set out in ASTM F 1292 from the time of installation throughout the life of the playground, and requires a school district to close any noncompliant playground until it is brought into compliance.

How to find out what is required in order for an EWF playground surface to be “ADA compliant?”

1.  Obtain from the school district the name. manufacturer and vendor of the EWF product used on the playground. 

2.  Go to the website of the manufacturer or vendor and download the ASTM lab test reports for the product. Sometimes these are called “wheelchair” and “head impact” reports.

3.  Read the lab test report to find out the conditions under which the EWF was tested and passed its tests for accessibility and "impact attentuation" (shock absorption).  The product must be installed and maintained in accordance with those conditions in order to comply with ASTM F1292 and F1951.  

Note:  All of the EWF product lab reports I have read state that the product complies with ASTM F 1292 and ASTM F 1951 only if it is installed in four inch layers and compacted between each layer until a 12 inch compacted depth is achieved.  

Office of Civil Rights Receives Record Number of Special Education Complaints

The United States Office for Civil Rights (OCR) at the U.S. Department of Education enforces civil rights laws that prohibit discrimination on the basis of race, national origin, sex, disability and age.  A new OCR report for the period 2009-2010 states that from 2009 to 2011, the agency received more complaints about disability issues than in any previous three-year period.  Of the nearly 11,700 complaints concerning disability issues, almost 4,700 involved the rights of children to receive a free and appropriate public education (FAPE).  The remaining 7,000 disability-related complaints concerned issues including school district violations of Child Find, denial of access to academic programs and extracurricular activities, access to assistive technology, denial of academic adjustments, and harassment and bullying.

The data used in the report covered 85% of U.S. public schools.  The data for 2011-2013 will include every public school in the nation.  Matters described in the OCR report include:

·         A school district that required parents to get medical documentation, at their own expense, supporting the existence of disabilities for their children. The district also required parents to show that their children were being discriminated against before it would conduct an evaluation for disabilities.

·         A charter school that failed to properly evaluate whether a 6th grade transfer student with a severe, potentially life-threatening peanut allergy to determine if she had a disability.

·         A school district that had not fully implemented an IEP for a child with a mood disorder.

·        Investigation of whether children who ride school buses specifically for children with disabilities receive less instructional time than children who do not have disabilities.

·         Data collected showing that students with disabilities are twice as likely to be suspended out of school in comparison to their peers without disabilities.

·         Cases involving the bullying and harassment of students with disabilities.

·         School denial of access to academic programs and extracurricular activities to students with disabilities.

The entire report is available at:  http://www2.ed.gov/documents/news/section-504.pdf

Office of Civil Rights Focuses Public Schools’ Attention on Students’ Rights Under the Americans With Disabilities Act and Section 504

On January 19, 2012, in a letter to public schools, the U.S. Department of Education (USDOE) announced that it is stepping up its efforts to ensure that public schools are complying with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973.

On behalf of the USDOE, Russlynn Ali, Assistant Secretary for Civil Rights (OCR) wrote that although the 2008 amendments to the ADA took effect three years ago, the OCR has become aware that public schools need guidance in regard to their related responsibilities. She stated that the OCR will be working to eliminate disability discrimination in public elementary and secondary schools by investigating complaints, conducting compliance reviews, issuing policy guidance, providing technical assistance, and working closely with the Department of Justice. For additional information, she referred schools to the USDOE’s publication titled “Questions and Answers on the ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elementary and Secondary Schools.” That publication addresses the broadened definition of disability and the changes made by the 2008 amendments, explains how the amendments affect Section 504, and explains the obligations of school districts under Section 504 and the AEA.

The 2008 amendments broadened the definition of disability that schools must honor and asked districts to simplify the special education evaluation process. Specifically, they guaranteed that students may qualify for disability services even if they have a condition that affects them intermittently. In addition, they make it clear that a student may be eligible for special education services even if they are already performing well in school so long as they have an impairment that “substantially limits a major life activity,” according to documentation included in the Education Department correspondence. In effect, the amendments broaden the scope of students who school districts are required to evaluate for special education services. Additionally, the amendments state that the ameliorating effects of mitigating measures (other than ordinary eyeglasses or contact lenses) may not be considered in determining whether an individual has a disability; expands the scope of “major life activities” by providing nonexhaustive lists of general activities and major bodily functions, clarifies that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active; and clarifies how the ADA applies to individuals who are “regarded as” having a disability.