1. ADA Child Protection Title IX Applications to Youth Programming

2. Dr. Jill Martz Extension Specialist – Youth Development Executive Professor - RPTS

3. The purpose of this presentation is to: ◉ Identify 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

4. 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

5. texas4-h.tamu.edu - Agents - Protecting Youth Protecting Our Youth The Texas A&M AgriLife Extension Service 4-H Youth Development Program is committed to offering a program that provides a safe and inclusive environment for all youth. To support this commitment, the 4-H program has created resources and provides guidance related to inclusive environments and applications to the Americans with Disability Act of 1990; Child Protection and Camps and Programs for Minors; and Sexual Discrimination and applications to Title IX of the Federal Education Amendments of 1972. Clicking on each of the links below will take you to these resources.  Inclusion and ADA Inclusion and ADA  Camps and Programs for Minors Camps and Programs for Minors  Sexual Discrimination and Title IX Sexual Discrimination and Title IX  Websites  Protecting Our Youth Protecting Our Youth  Camps and Programs for Minors Camps and Programs for Minors  Inclusion and ADA Inclusion and ADA  Sexual Discrimination and Title IX Sexual Discrimination and Title IX ADA, Child Protection, Title IX

6. 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, (jill.martz@ag.tamu.edu) with questions/concernsjill.martz@ag.tamu.edu ADA, Child Protection, Title IX

7. Involves Camps and Program for Minors as Defined by TX State Law and Clarified 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) is the member (Extension) or third party’s responsibility and that are held for  more than one consecutive day without an overnight stay or that involve overnight stays  with the member (Extension) providing supervision, instruction, and/or recreation where the children are apart from their parent(s)/legal guardian(s). Child Protection

8. Camps and programs are defined in the broadest sense of the words. The key is to determine if the camp or program meets the criteria previously outlined - ◉ consecutive days or overnight, ◉ full supervisory responsibility (includes the use of volunteers as chaperones) ◉ no parents or guardians present to monitor child’s behavior ◉ applies to all Texas camps and programs for minors – includes 4-H and non 4-H led activities provided by Extension Child Protection

9. What about Camps and Programs for Minors Not on Consecutive Days or Overnight? The guidelines and procedures outline best practices to use in any youth program. While the requirements are not mandatory, they are useful in guiding all program delivery and addressing risk and liability. Child Protection

10. Documentation Requirements: Checklist form - available at (texas4-h.tamu.edu)  Activity Approved in Writing (Procedure Reference 1.0 and 10.0)  Risk Assessment Matrix Completed (Procedure Reference 7.0)  ADA Accommodation Statement and Provisions Made (Procedure Reference 11.0)  Waiver, Indemnification and Medical Treatment Authorization Forms – (Procedure Reference 6.0)  Authorization for Dispensing Medication Forms with Completed Record (Procedure Reference 5.0)  General Liability and Accident Medical Insurance (Procedure Reference 12.0)  Child Protection Training Completed (Procedure Reference 13.0) thru 4-H Connect  Background Checks completed and Approved (Procedure Reference 2.0)  Adequate Chaperone/Youth (1:8) ratio (Procedure Reference 9.0)  Volunteer Camp/Program Chaperone or Overnight Position Descriptions (Procedure Reference 8.0)  Chaperone Orientation (Procedure Reference 8.0)  Texas Department of State Health Services “Camps and Programs for Minors” Form (Procedure Reference 14.0 - as applicable)

13. 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

14. 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. Including Youth with Disabilities

15. What Disabilities Might Youth Have? ADDAD/HDAsthma AutismCerebral PalsyCystic Fibrosis DiabetesDown’s SyndromeDyslexia EpilepsyHearing Impairments Muscular DystrophySpeech & Hearing Disorders Spina BifidaSpinal Cord Injuries Tourette SyndromeVisual Impairment Including Youth with Disabilities

16. 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 ◉ to form friendships ◉ to gain life skills. Including Youth with Disabilities

17. 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. Including Youth with Disabilities

18. Guidelines to Follow when 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 medical release form or registration states the person has a disability and requests an accommodation. Including Youth with Disabilities

19. Step 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. Once information is gathered: Ask the person if the functional limitations would interfere with or prevent participation in the program. If the answer is yes, then….. Ask the person if there are any accommodations that could be considered to enable the individual to participate. Examples of possible accommodations are modifications to rules and policies, elimination of architectural barriers, providing interpreters, modifying equipment, etc. If the answer is no, then ….. The usual registration process would continue.

20. Step 3: After this information is gathered then….. Determine if the suggested accommodations are reasonable. If there are questions about whether the accommodations are reasonable complete the form provided and contact: Jill Martz, Extension Specialist – 4-H Youth Development: Inclusion (jill.martz@ag.tamu.edu)jill.martz@ag.tamu.edu 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. Including Youth with Disabilities

21. 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?  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. Including Youth with Disabilities

22. 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’s 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 who needs assistance not He/she is a special needs child Including Youth with Disabilities

23. When Working with Youth with Disabilities:  Create an environment in which all members feel accepted and secure.  Include members with disabilities by accepting them as young people who have the same needs, interests, and challenges as other youth.  Learn about the child’s disability to better understand their abilities and limitations.  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. Including Youth with Disabilities

24. 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 Including Youth with Disabilities

25. 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

26. 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  Programs should also review all programming efforts for discrimination based on race, color, sex, religion, national origin, age, disability, genetic information, or veteran status that would deprive youth of educational opportunities Title IX and Youth Development

27. 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

28. 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. Title IX and Youth Development

29. 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  It is recommended to provide alternative parallel activities so that either gender has opportunities to fully participate Title IX and Youth Development

30. 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 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 Title IX and Youth Development

31. Are There Other Things to Consider?  Sexual harassment, including sexual violence, is a form of sex discrimination and therefore prohibited under Title IX  Look further and consider sexual harassment in a comprehensive review of programs and practices  Activities seen by some as harmless pranks – could be viewed as sexual harassment Title IX and Youth Development

32. 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 Title IX and Youth Development

33. What Does this Mean? “Boys Being Boys” or “Just Mean Girls” are no longer acceptable explanations 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

34. What is Your Responsibility?  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  Set clear boundaries and expectations with appropriate consequences for those who choose not to follow them Title IX and Youth Development

35. What is Your Responsibility?  Address problems promptly when they arise or as you become aware  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  Maintain confidentiality Title IX and Youth Development

36. 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 ADA, Child Protection, Title IX

37. 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 ADA, Child Protection, Title IX

38. Questions, Comments or Concerns? Please contact: Jill Martz Extension Specialist, 4-H Youth Development: Inclusion (jill.martz@ag.tamu.edu) ADA, Child Protection, Title IX