Answer: NO. A district may
invite a parent to accompany a student with a disability on a
field trip. But it cannot make the parent's presence mandatory
when a similar obligation is not imposed upon the parents of
non-disabled students. A district which requires only students
with disabilities to be accompanied by a parent on a field trip
discriminates on the basis of disability in violation of 34
C.F.R. 104.4(b)(iv). See San Saba (TX) Indep. Sch. Distr., 25
IDELR 755 (OCR 1996) (district could not condition the
participation of a student with spastic dysplegia/palsied left
hand in a rock climbing expedition on her father's accompanying
her.)
As a related concern, requiring a parent to accompany a student
with a disability can be a denial of FAPE. This was the opinion
expressed by OCR in Ventura (CA) Unified School District, 17
EHLR 854 (OCR 1991). In that Letter of Finding a parent
complained that while the student was disabled from a broken
leg, the student's teacher made his participation on class field
trips conditional upon the parent accompanying him. While OCR's
investigation failed to produce evidence to support the parent's
allegations, OCR stated that if such a requirement had been
imposed, it would "likely have violate[d] the Section 504
regulations. If disabled students need related aids or services
to participate in the school's program, such services must be
provided by the school, not the parent."
I hope this is helpful -- please let us know if you need further
information.
Tricia Luker
www.bridges4kids.org
