Colonial schools to expand access to AP for students with disabilities after federal probe

U.S. Department of Education's Office for Civil Rights has resolved a compliance review of Colonial School District.

The resolution agreement announced Thursday stems from allegations the Delaware district was not providing students with disabilities equal access to Advanced Placement courses. The agreement now looks to ensure ongoing compliance with Section 504 and Title II, the office said in a press release, following its investigation.

“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 in the release. “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.”

Investigators confirmed the district had not taken steps "specifically designed" to ensure such equal access to high rigor courses, the department said, despite notice for years students with disabilities participated in AP courses at rates well below their enrollment.

AP courses were also promoted largely in classes with under-enrollment of students with disabilities, according to DOE, while an absence of district guidance for ensuring inclusion of students with disabilities persisted.

To resolve this investigation, the district has committed to:

• Complete a review and assessment of the district’s AP course offerings for the 2023-2024 school year and develop recommendations for ensuring equal access to AP courses for students with disabilities, including whether adjustments to its AP course enrollment practices would increase enrollment for students with disabilities.
• Review its communication with students and their parents, including students with disabilities and their parents, regarding the availability of AP courses and develop a protocol for ensuring that all students in 8th through 11th grade and their parents are provided with notice of the availability of AP courses, how to enroll in these courses, and the significance given to AP courses by colleges in the admissions process.
• Complete an evaluation of its academic counseling services at the district’s middle and high school and make changes, as necessary, to ensure that students with disabilities receive counseling that informs them of available AP course options.
• Provide training to all district middle and high school guidance counselors and teachers regarding the eligibility requirements for AP courses, and the importance of inclusion of students with disabilities in AP course enrollment by November.
• Develop a record-keeping system to identify the number of students with disabilities who participate in high school AP course offerings and ensure accurate reporting of data to OCR. That system must be instituted by August 1, beginning data collection by the 2024-25 school year.

OCR indicated it will monitor the implementation of this agreement.

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