2015-16 update ada child protection title ix applications to youth programming

2015-16 Update ADA

Child ProtectionTitle IX

Applications to Youth Programming

Dr. Jill Martz

Extension Specialist – Youth DevelopmentExecutive Professor - RPTS

The purpose of this presentation is to update information

related to:

◉ Guiding legislation ◉ Child Protection◉ ADA – Americans With Disabilities Act◉ Title IX – Federal Education Amendments

◉ Highlight key concepts and applications

◉ Review guidelines and policies

◉ Introduce resources – see (texas4-h.tamu.edu)

ADA, Child Protection, Title IX revised August 2015

As professionals who work with youth, we have a responsibility to:

◉ Protect staff and volunteers by providing sound guidance and direction

◉ Protect the children we work with

◉ Protect the system and funders from negative press and legal issues

◉ 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

4-H is committed to offering a program that provides a safe and inclusive environment for all youth. Resources related to Child Protection in Programs for Minors; accommodations with applications to the Americans with Disability Act of 1990; and Sexual Discrimination with applications to Title IX of the Federal Education Amendments of 1972 guide youth program efforts.

In each website section as listed below, you will find helpful resources:

Inclusion and ADA Programs for Minors Sexual Discrimination and Title IX


http://texas4-h.tamu.edu/youthinclusionada/

http://texas4-h.tamu.edu/minors/

http://texas4-h.tamu.edu/minors/

http://texas4-h.tamu.edu/youthdescrimination/

http://texas4-h.tamu.edu/youthdescrimination/

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


mailto:[email protected]

Defined by TX State Law and Clarified by System Regulations as:

“Programs for minors that are sponsored and operated by members (Extension) or third parties using member property/facilities

where full supervisory duties of the minor(s) are the member (Extension) or third party’s responsibility and

held for more than two consecutive days with the same group of minors without an overnight stay or that involve overnight stays”

ASK - Is this Extension program providing supervision, instruction, and/or recreation where the children are apart from their parent(s) or legal guardian(s) and meet the criteria outlined above?

Child Protection - Programs for Minors

Determine if the program meets the criteria previously outlined - ◉ More than two consecutive days with the same group of minors without

an overnight stay or that involve overnight stays (count days – not hours)

◉ Full supervisory responsibility (includes paid or volunteer staff as

program leaders and/or chaperones)

◉ No parents or guardians present to monitor child’s behavior

◉ Includes 4-H and non 4-H led programs and activities provided by Extension and other agencies receiving state funding

◉ Requires that the online documentation form found on the TX 4-H website be completed at least 5 days prior to the start of the program with documentation on file in the county or program specialist office

Child Protection

What about programs for minors which are not more than two consecutive days or overnight?

The guidelines outline best practices

to use in any youth program.

While they are not mandatory, they are

useful in guiding all program delivery

and addressing risk and liability.

Child Protection

Documentation

Completed and Submitted Online at Least 5 Days Prior to the Start of the Program

Activity Approved in Writing – county or state sanctioned (Rule Reference 1.0 and 10.0)

Risk Assessment Matrix Completed (Rule Reference 7.0)

ADA Accommodation Statement and Provisions Made (Rule Reference 11.0)

Waiver, Indemnification and Medical Treatment Authorization Forms – (Rule Reference 6.0)

Authorization for Dispensing Medication Forms with Completed Record (Rule Reference 5.0)

General Liability and Accident Medical Insurance (Rule Reference 12.0)

Child Protection Training Completed (Rule Reference 13.0) thru 4-H Connect

Background Checks Completed and Approved (Rule Reference 2.0)

Adequate Chaperone/Youth (1:8) ratio (Rule Reference 9.0)

Volunteer Camp/Program Chaperone or Overnight Position Descriptions (Rule Reference 8.0)

Chaperone Orientation (Rule Reference 8.0)

Texas Department of State Health Services “Campus Program for Minors” Form - includes paid staff

and volunteers as applicable - 20 or more youth and all or part of 4 or more days (Rule Reference 14.0)

Checklist and submission form found at (texas4-h.tamu.edu – Protecting Our Youth)

In the previous section we have:

◉ Reviewed child protection rules and guidelines ◉ Discussed program implications of these rules and guidelines◉ Outlined steps that must be followed for all applicable programs

◉ For questions contact:◉ Jill Martz, Extension Program Specialist - 4-H Youth Development◉ [email protected]

Child Protection Summary


The Americans with Disabilities Act (ADA) - Why is it Important?

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.

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.


What Disabilities Might Youth Have?

ADD AD/HD AsthmaAutism Cerebral Palsy Cystic FibrosisDiabetes Down Syndrome DyslexiaEpilepsy Hearing ImpairmentsMuscular Dystrophy Speech & Hearing DisordersSpina Bifida Spinal Cord InjuriesTourette Syndrome Visual Impairment


What Does Inclusion Mean for Youth with Special Needs?

All youth need opportunities to be involved in activities unique to their own talents and interests.

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◉ the opportunity to form friendships◉ the opportunity to gain life skills.


When Promoting Youth Programs:

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)

If a request is made – the Extension office should follow the pre-established guidelines in making a decision as to a reasonable accommodation.


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 registration or medical release form states the person has a disability and requests an accommodation.


Including Youth with DisabilitiesStep 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.

If the answer is no, then ….. • The usual registration process would continue.

If the answer is yes, then….. • Ask the person if the functional limitations would interfere with or prevent participation in the program.

• Ask if there are accommodations that could be considered to enable the individual to participate successfully. Examples might include modifications to rules and policies, elimination of architectural barriers, providing interpreters, modifying equipment, etc.

Step 3: After this information is gathered then….. • Determine if the suggested accommodations are reasonable. If there are questions, complete the form provided on the Texas 4-H web site and contact:

Jill Martz, 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 in consultation with an administrator or other designated individuals.



General Guidelines When Working with Youth with Disabilities:

If a parent or guardian requests an accommodation, ask her or him what they feel would help the child to be successful?

Ask about accommodations made for the child by his/her school.

When possible, 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.

Consider each case individually.

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.


When Working with Youth with Disabilities or Interacting with their Parent/Guardian: Use people first language –

◉ He/she has a cognitive disability not He is mentally challenged

◉ Say “the person/child with a disability” not “the disabled child”

◉ He/she has Down syndrome not He/she’s a Down’s child

◉ He/she uses a wheelchair not He/she is wheelchair bound

◉ He/she is a child needing assistance not He/she is a special needs child


When Working with Youth with Disabilities:

Be firm and use behavioral modification techniques when needed, but also be quick to praise.

Break tasks down and honor requests for additional direction or guidance.

Encourage physical activities but allow multiple ways to be involved and engaged.

Be aware of any medications being used and their side effects


In this section we have:

◉ Reviewed legal mandates◉ Discussed accommodation guidelines◉ Identified resources◉ Explored inclusion strategies for success


ADA and Inclusion Summary


What is Title IX?

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

“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?

Applies to all programs receiving federal funding

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

It is a good practice to regularly review programs for discrimination based on race, color, sex, gender, sexual orientation, religion, national origin, age, disability, genetic information, or veteran status that would deprive youth of educational opportunities



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”

(Excerpts from National 4-H Headquarters Fact Sheet, Title IX and 4-H Youth Development, February 2011)

What About Awards for Males and Females?

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

This means gender is not acceptable criteria to use as a means of classification or determination in award categories such as Gold Star

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



What About Activities Involving Ongoing Physical Contact?

It’s okay to limit participation in activities involving ongoing physical contact

These activities are considered to be exempt from Title IX

(exempt = Title IX does not apply)

It is recommended to provide alternative parallel activities so that either gender has opportunities to fully participate



What About Clubs that Only Attract Members of One Sex?

If all reasonable efforts are made to advertise and attract diverse membership, the choice to belong is based on individual interests and not considered to be a result of exclusionary membership policies

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



Are There Other Things to Consider?

Sexual harassment, including sexual violence, is a form of sex discrimination and therefore prohibited under Title IX

Examine whether sexual harassment is present or perceived to be present as you conduct a comprehensive review of programs and practices

It could be a violation of Title IX if the harassment, bullying or hazing prevents a child from successfully participating in an educational program

Activities seen by some as harmless pranks – could be viewed as sexual harassment when gender based


What Does Sexual Harassment Include?

Inappropriate touching, patting or hugging, nonconsensual sexual activity, invasion of sexual privacy

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

Encompasses anything that interferes with a participant’s education – whether in person or in electronic form

Involves, but is not limited to, bullying, hazing or cyberbullying when gender discrimination is involved


Title IX and Youth DevelopmentWhat Does this Mean?

“Boys Being Boys” or “Just Mean Girls” are no longer acceptable as explanations for inappropriate behavior

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

Be involved – observe, listen and monitor all activities

Limit unstructured and unsupervised free time

Use a proactive approach to set the right tone and lessen the probability of negative behaviors

Acknowledge appropriate individual and group behavior

Set clear boundaries and expectations with appropriate consequences for those who choose not to follow them

Title IX and Your Responsibility

Address problems promptly when they arise or as you become aware of them

Follow through with consequences for negative behavior and include a defined plan for improvement with an agreed upon timeline for positive change

Keep a written record of the situation and follow-up to make sure

the situation is resolved

Follow-through and follow-up are critical for success

Title IX and Your Responsibility

In this section we have:

◉ Reviewed Title IX legal mandates◉ Explored the applications of Title IX in youth programs ◉ Discussed the implications to youth behavior management




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


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


Thank you for your time and attention

Questions, Comments or Concerns?

Please Contact: Jill Martz

Extension Program Specialist - 4-H Youth Development

([email protected])


2015-16 update ada child protection title ix applications to youth programming

Documents

child protection programs

extension program

youth programming

guide youth program

group of minors

member extension

questionsconcerns ada

minors accommodations