QuoteCURRENT OPPORTUNITIES TO ADVOCATE
PTA, PTO & PTSO

The initial purpose of parent, teacher and student organizations serving schools, is to essentially engage and empower families and communities to advocate for all children.

Their values include: collaboration, committment, accountability, respect, inclusivity and integrity.

Unfortunately, there is a disconnect from the National level organization and the school run organizations. Time after time in the allergy & anaphylaxis community we hear stories of discrimination and isolation. 

Help us to compile a set of stories and testimonies from, YOU, the community. Thank you to those who have shared their story!

QuoteGot Inclusion?
The National Allergy and Anaphylaxis Allergy Council (NAAC) has announced a new initiative called "Got Inclusion." The focus is on driving policies within schools for parent/teacher and parent/teacher/student organizations.

Do your or your kids with food allergies feel left of activities planned by these organizations? Is food central to the meetings/activities? The NAAC wants to know what your experience has been. Please take the survey if you have a school-aged child with food allergies. Click here to take the survey.

QuoteAlthough the complainant has not alleged to OCR that the District attempted to intimidate her in the matter of her request to the District for services for A., OCR had a concern about certain correspondence from the District to the complainant.

In a letter of October 22, 1992, to the District the complainant asserted that she would take any action necessary to resolve the matter of her request for a modification for her son so that he could participate in the Club program. In its letter of response dated October 26, 1992, the District stated, " . . . we would hope that you'd provide a more supportive attitude to the efforts already made by the staff at College Park to accommodate your son. . . . " and "It is my sincere hope that your action will not jeopardize the availability of the PTA sponsored program that benefits many children both handicapped and nonhandicapped."

OCR believes that the language used by the District in its letter of October 26, 1992 is the type of response that may intimidate a parent requesting services for a child with disabilities and ultimately deter a parent from seeking services to which his or her child may be entitled. Intimidatory actions are prohibited by Section 504 and Title II. Although OCR makes no finding as to whether intimidation occurred in this case, it cautions the District against the use of such language. An appropriate response is to set forth the District position and provide notice of the District grievance procedures for complaints of discrimination and/or due process procedures for resolution of free appropriate public education issues.

QuoteDuring discussions on April 15, 1993, OCR informed District representatives of its anticipated findings and discussed voluntary settlement through a corrective action plan. On April 16, 1993, OCR received a remedial plan in which the District agreed to adopt and implement a policy whereby the District will not provide significant assistance to any agency, organization, or individual that discriminates on the basis of disability. The District also agreed to provide notice of this policy to agencies, organizations, and individuals to which it provides significant assistance, and will request that any such agency, organization, or individual (a) provide qualified individuals with disabilities an equal opportunity to participate, and (b) reasonably modify their programs, to include providing supplementary services and aids as necessary for individuals with disabilities to effectively participate without increased cost to the individuals with disabilities.
Additionally, the District will advise the PTA of the PTA's obligation to provide reasonable modification and services that are medically necessary for the complainant's son to participate in the PTA Sunshine Club at College Park Elementary School. If the PTA refuses to provide the services, the District will not continue to provide assistance to the PTA unless the PTA can demonstrate that providing the services would result in a fundamental change in the program or an undue burden on the PTA.

QuoteHow do Section 504 and Title II differ?

The main difference between the two laws is that one applies to the recipients of grants from the federal government (Section 504) and the other applies only to public entities (Title II). A school or college may be both a recipient of Federal funds from the US Department of Education and also a public entity. In such cases, the institution is covered by both laws.

QuoteInasmuch as the Club is not a program of the District, but is operated by a private organization, the PTA, the District does not have a direct obligation to provide the service itself under Section 504 or Title II. The program operator, the PTA of Orange County, therefore is not a recipient of Federal financial assistance and is not a public entity. OCR has no jurisdiction over the PTA. However, the regulations implementing Section 504 and Title II prohibit the District from providing significant assistance to any agency, organization or person that discriminates on the basis of disability. OCR therefore explored whether the District was providing significant assistance to the PTA and if so, whether the failure of the Club to provide the services discriminated against A.

Significant Assistance

Departmental interpretations of 34 C.F.R. ? 104.4(b)(1)(v) indicate that the following considerations should be examined to determine whether a recipient is providing "significant assistance" to a private group: (1) direct financial support; (2) indirect financial support; (3) provision of tangible resources such as staff and materials; (4) intangible benefits such as the lending of recognition and approval; (5) the selectivity of the recipient's provision of privileges and resources; and (6) whether the relationship is occasional and temporary or permanent and long-term. OCR examined to what extent these factors were present in the relationship between the District and the PTA Club program.

The District does not fund or subsidize any of the program's staff, and District staff do not appear to play a formal role in the operation of the program. The teachers involved are not paid for their participation in the Club by the District but rather by the organization. OCR found no direct provision of financial or staffing resources.

However, OCR did find evidence of significant indirect assistance. Based on a review of District documents and interviews with PTA and District personnel, OCR found that the Club program is located in permanent school buildings. It is not disputed that the program is housed on a District site on a permanent and long-term basis. A copy of the "Application and Permit for Use of School Facilities" shows that the provider uses "playing fields and classrooms" at the College Park Elementary School site.

The facilities-use form shows that the District has not charged the PTA a fee for the use of the facilities at the School. The PTA acknowledges that it does not pay a facilities-use fee to the District. In addition the District pays the utility and maintenance costs.

Additionally, the PTA advertises its program to parents by furnishing leaflets to students at the school site; the students then distribute them to parents. The College Park Press, a school newsletter advertises the Sunshine Club program. While the District does not operate the Club program, the Club program is closely identified with the District and benefits from that identification.

OCR finds that the District provides significant assistance to the PTA Sunshine Club program at the College Park Elementary School. The District has a substantial relationship with the program. While the District does not provide direct financial support or staff, it provides indirect financial support as well as assistance to the programs in a number of other ways. The facts meet the standards for finding significant assistance.

Quote(f) Recipient means any state or its political subdivision, any instrumentality of a state or its political subdivision, any public or private agency, institution, organization, or other entity, or any person to which Federal financial assistance is extended directly or through another recipient, including any successor, assignee, or transferee of a recipient, but excluding the ultimate beneficiary of the assistance.

(g) Applicant for assistance means one who submits an application, request, or plan required to be approved by a Department official or by a recipient as a condition to becoming a recipient.

(h) Federal financial assistance means any grant, loan, contract (other than a procurement contract or a contract of insurance or guaranty), or any other arrangement by which the Department provides or otherwise makes available assistance in the form of:

(1) Funds;

(2) Services of Federal personnel; or

(3) Real and personal property or any interest in or use of such property, including:

(i) Transfers or leases of such property for less than fair market value or for reduced consideration; and

(ii) Proceeds from a subsequent transfer or lease of such property if the Federal share of its fair market value is not returned to the Federal Government.

(i) Facility means all or any portion of buildings, structures, equipment, roads, walks, parking lots, or other real or personal property or interest in such property.

Quote104.4 Discrimination prohibited.

(a) General. No qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activitiy which receives Federal financial assistance.

(b) Discriminatory actions prohibited. (1) A recipient, in providing any aid, benefit, or service, may not, directly or through contractual, licensing, or other arrangements, on the basis of handicap:

(i) Deny a qualified handicapped person the opportunity to participate in or benefit from the aid, benefit, or service;

(ii) Afford a qualified handicapped person an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others;

(iii) Provide a qualified handicapped person with an aid, benefit, or service that is not as effective as that provided to others;

(iv) Provide different or separate aid, benefits, or services to handicapped persons or to any class of handicapped persons unless such action is necessary to provide qualified handicapped persons with aid, benefits, or services that are as effective as those provided to others;

(v) Aid or perpetuate discrimination against a qualified handicapped person by providing significant assistance to an agency, organization, or person that discriminates on the basis of handicap in providing any aid, benefit, or service to beneficiaries of the recipients program or activity;

Quote from: 504 Mom on March 27, 2013, 01:14:35 PM
I filed a formal complaint with OCR when PTA violated my child`s 504.  I emailed the principal and she refused to do anything, claiming that she was not responsible for the activiites of PTA.  That made no sense to me.  If PTA wanted to have a gun show on campus, would the principal again say she had no control over PTA?  I don`t think so.  Someone on this board emailed me an OCR case involving PTA.  OCR ruled that since the school supports PTA (providing space for PTA activities without charging rent), school must see to it that PTA does not violate 504.