The U.S. Department of Education’s Office for Civil Rights (OCR) announced today that the Colonial School District near Wilmington, Delaware, has entered into a resolution agreement to ensure compliance with Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990. This agreement focuses on providing students with disabilities equal access to Advanced Placement (AP) courses.
During its investigation, OCR found that the district had not implemented specific measures to guarantee equal access to high-rigor courses for students with disabilities. Despite being aware for years that these students participate in AP courses at rates significantly lower than their enrollment rates, the district had not addressed this disparity. Practices such as promoting AP courses among students in under-enrolled classes and lacking guidance on inclusion contributed to this issue.
To address these findings, the district has agreed to:
- Conduct a review and assessment of its AP course offerings for the 2023-2024 school year and develop recommendations for ensuring equal access to AP courses for students with disabilities.
- Review its communication strategies with students and parents regarding AP course availability and establish a protocol to inform all 8th through 11th-grade students and their parents about AP courses, enrollment procedures, and their significance in college admissions.
- Evaluate its academic counseling services at Middle School and High School levels and make necessary changes to ensure students with disabilities receive adequate information about available AP course options.
- Provide training for all Middle School and High School guidance counselors and teachers on eligibility requirements for AP courses and the importance of including students with disabilities in these programs.
- Develop a record-keeping system to track the number of students with disabilities participating in High School’s AP course offerings and ensure accurate data reporting to OCR’s Civil Rights Data Collection.
"Equal access to academically rigorous courses and programs is critical to ensuring all students can realize their educational dreams," said Assistant Secretary for Civil Rights Catherine E. Lhamon. "I commend the Colonial School District for its cooperation throughout OCR’s investigation and its commitment to improve access for students with disabilities, and all students, to its AP courses."
The letter to the Colonial School District is available here along with the resolution agreement.
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