Equal
Access To Latch-Key Programs For Students With Disabilities
by
Herbert D. Hinkle, Esq. and S. Paul Prior, Esq.
Hinkle
& Fingles, Attorneys at Law
2651 Main Street
Lawrenceville, New Jersey 08648
(609) 896-4200 or (215) 860-2100
Many
school districts provide after-school or “latch-key”
programs for their students without disabilities.
In such programs, students can receive additional
assistance with homework, participate in recreational
activities, or just socialize with other students.
Pursuant to Section 504 of the Rehabilitation Act
of 1973, school districts are obligated to make all
of their programs available to students with disabilities.
They
are also required to provide supports and accommodations
to ensure that students with disabilities are able
to derive benefits from the program that are equivalent
to those available to non-disabled students.
These
principles apply to latch-key programs. In many cases,
a student with a disability will be unable to effectively
and safely participate in a latch-key program unless
specialized supports are provided. Options can range
from providing training and orientation for the staff
overseeing the program to providing a one-to-one aide.
Moreover,
if a latch-key program provides academic assistance
to non-disabled students, similar services must be
made available to students with disabilities as well.
Sometimes, this may require that special education
or related services staff be employed to provide services
to the student in the program. Sometimes, it may be
more feasible to enroll the student in a specialized
after-school program for students with disabilities;
however, care must be taken not to segregate such
students from the general student population unless
it is necessary to meet the student’s individual
needs.
If
parents of non-disabled students are charged a fee
to enroll their children in a latch-key program, school
districts may charge parents of students with disabilities
as well. However, any services or supports needed
to accommodate the student’s disabilities must
be provided at no cost.
______
Hinkle,
Fingles, & Prior maintains a multi-state law practice
with offices in Lawrenceville, Marlton, and Florham
Park, New Jersey, and Yardley, and Plymouth Meeting,
Pennsylvania. They lecture and write frequently on
topics of law, aging, disability and estate planning
and are available
to speak to groups in New Jersey
and Pennsylvania at no charge.
Comments
and suggestions for future articles should be mailed
to: Hinkle, Fingles & Prior, Attorneys at Law,
2651 Main Street, Suite A, Lawrenceville, New Jersey
08648-1012.
Copyright
2007 Herbert D. Hinkle. All rights reserved.
