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Katy Citizen Watchdog$ |
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Practice Fields Imperfect For Disabled/Rights Complaint Against Katy ISD Could Spill Over To Other Districts |
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RESOURCES CINCO RANCH HIGH SCHOOL
2007-08 enrollment: 2,788 Disabled students: 178 Students using wheelchairs: 1 Total Katy ISD enrollment: 54,000 Source: Katy ISD A complaint alleging discrimination against disabled people could lead Katy school district officials to improve access to football practice fields at a high school campus to comply with federal law. The case involving Cinco Ranch High School could have widespread implications for other school districts with facilities that do not meet federal accessibility requirements. Amid an ongoing civil rights probe, Katy school officials say they are uncertain of the cost, timetable and best method to bring the fields into compliance. "Because our practice fields are very similar across the district, there is the possibility that whatever modifications that will need to be made at the Cinco Ranch High School fields will also need to be made at other district practice fields," district spokesman Steve Stanford said. Katy resident Joanne Matson claimed in a grievance filed with the Office of Civil Rights that the district did not provide her with adequate handicap parking or an accessible route to six sports fields at the school as required by the Rehabilitation Act of 1973, which prohibits discrimination based on disability. The 67-year-old disabled veteran, who relies on a walker to get around, said spinal, foot, and bone problems make it difficult for her to walk. She said she had to walk the length of several fields on dirt and grass to watch her nephew play in Houston Youth Football League games held at the school on several occasions. "People have accused me of being in this for the money," Matson said of her complaint. "I'm not. I'm in it for down the road. We are going to have a lot of young disabled people getting out of the service who will need support from the community." Matson wants the route paved to make the fields more accessible for patrons with handicaps or disabilities. The Houston Chronicle has learned details of the investigation under the Freedom of Information Act. Slip-resistant access The federal agency received Matson's complaint on Oct. 29 and conducted an on-site inspection in February. It notified the district that the path to the fields would have to be slip-resistant with a material such as concrete to comply with laws that protect the disabled. But the number of handicap parking spots did meet guidelines, investigators said. District officials initially pulled all users off the practice fields. The move upset various youth groups who complained about being kicked off fields they had been using for years. It also left them scrambling to find alternate locations. Rusty Dowling, Katy's executive director of athletics, told investigators he was having "chest pains" at the thought of spring football practice season being disrupted. Tim Maystrik, a board member with the football league, said he doesn't blame the district for its response. But he appreciates that the district is accommodating the league's spring program by letting teams use competition fields that are specifically designed for spectator events in lieu of the practices facilities. Stanford said federal officials allowed school users back on the fields after hearing the burden it would place on physical education classes and spring practices if students were not allowed on the fields. Katy Superintendent Alton Frailey said he wants the issue resolved quickly so other groups can also resume playing on the fields. Matson said she was upset after her sister-in-law, who drove her to a game, was ticketed along with a number of other patrons for being in a "no parking" zone. She said she wouldn't have filed the federal grievance if the district hadn't ignored a previous informal complaint sent via e-mail on Oct. 1. Called an oversight Stanford said the district's non-response was an oversight. "Typically, when someone has a serious complaint, they make several attempts to contact the district and not send just one e-mail," Stanford said. "I am confident that if a follow-up e-mail or phone call had been made, someone would have appropriately responded." Investigators told school officials that concrete might be the easiest way to bring the facilities up to standard but did not rule out suggestions that slip-resistant grass or interlocking pavers might also work. Because Cinco Ranch High School was built in 1999, it is considered new construction, requiring that all facilities — even a field with a goal post — be fully accessible. Accessibility is an issue for all school districts, Texas Education Agency spokeswoman Debbie Ratcliffe said. The agency is not involved in disability compliance, but Ratcliffe said Katy school officials are making the right decision in saying "hold off" until they learn what improvements are needed. No previous complaints alleging discrimination against the disabled have been filed against the district, Katy officials said, and Cinco Ranch met state standards before opening. The district spent about $3 million of a 2006 bond issue renovating baseball facilities at two high schools to provide accessibility to the disabled. No complaints elsewhere Officials in local school districts including Houston and Cypress-Fairbanks said they haven't received complaints either. When older facilities are renovated, they are brought up to current standards, they said. The Office of Civil Rights, a branch of the U.S. Department of Education, ensures that programs or activities that receive federal money comply with the Rehabilitation Act. Violations could result in withholding of funds or court action. Jim Bradshaw, of the department's press office in Washington, said Tuesday there is no timeframe for resolving the complaint but reviews are typically completed in six months. "Each case has unique facts and circumstances," he said. "We try to resolve cases as quickly as possible while ensuring quality and consistency." Of 5,805 complaints in 2006, 3,025 were disability-related, Bradshaw said. helen.eriksen@chron.com
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Helen Eriksen, Houston Chronicle |
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Date: 05/08/2008 |
