U.S. Department of Education Resolves Compliance Review of Colonial School District in Delaware regarding Access to Advanced Placement Courses for Students with Disabilities

The U.S. Department of Education’s Office for Civil Rights (OCR) has announced today that the Colonial School District near Wilmington, Delaware, has reached 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 concerning equal access to Advanced Placement (AP) courses for students with disabilities.

Upon investigation, OCR found that the district had not implemented measures tailored to guarantee equal access to challenging courses for students with disabilities, despite being aware for years that these students were underrepresented in AP courses. Certain district practices, such as promoting AP courses selectively and lacking guidance for the inclusion of students with disabilities, may have contributed to this underrepresentation.

To address the issues highlighted during the investigation, the district has agreed to:

• Conduct a review and evaluation of its AP course offerings for the upcoming 2023-2024 school year and recommend strategies to enhance access for students with disabilities, potentially adjusting enrollment practices to increase their participation.
• Assess its communication with students and parents, particularly those with disabilities, informing them about the availability of AP courses, enrollment procedures, and the significance of AP courses in college admissions. A protocol will be established for this purpose.
• Evaluate the academic counseling services at the district’s Middle School and High School, making necessary revisions to ensure that students with disabilities are informed about the AP course options available to them.
• Provide training to all district guidance counselors and teachers on the eligibility criteria for AP courses and emphasize the importance of including students with disabilities in AP course enrollment.
• Establish a system for tracking the participation of students with disabilities in AP courses at the district High School and ensure accurate reporting of data to OCR’s Civil Rights Data Collection.

Assistant Secretary for Civil Rights Catherine E. Lhamon stressed the importance of equal access to challenging courses, stating, “Equal access to academically rigorous courses and programs is critical to ensuring all students can realize their educational dreams.” She commended the Colonial School District for its cooperation during the investigation and its dedication to improving access to AP courses for students with disabilities and all students.

The letter to the Colonial School District can be found here, while the resolution agreement is available here.