Office for Civil Rights Finds Colonial School District Failed to Provide Equal Access to High Rigor Coursework to Students with Disabilities; Discrepancy in Data Reporting Identified

July 18, 2024, Office for Civil Rights (OCR) released the findings of its investigation into Colonial School District (CSD) in Delaware. OCR identified failures to provide equal access to high rigor coursework such as Advanced Placement (AP) classes to students who have disabilities. In addition, OCR identified discrepancies between the data reported by CSD to OCR for the 2017–18 school year and the data CSD reported to OCR during the investigation, "including for overall enrollment in the District and the percent of students with a disability enrolled in the District."

OCR's Investigation

According to the findings letter OCR issued to CSD, OCR "examined whether students with disabilities are afforded the same opportunity as students without disabilities to access AP courses offered at the High School, as available data indicate that the percentage of students with disabilities enrolling in AP courses was significantly less than their representation in the High School enrollment. As part of this review, OCR assessed whether the District has established policies and procedures, or operating practices, that have the discriminatory impact of excluding students with disabilities from AP courses."

During the course of its investigation, OCR identified the discrepancies below between 2017-18 school year reporting for the investigation and for Office of Civil Rights Data Collection (CRDC). In addition, reporting for the investigation indicated problems with data for subsequent school years.


        

                            
                            
                                School Year                
                                            
                                2017–18 School Year CRDC Reporting                
                                            
                                2017–18 School Year Reporting to OCR for Investigation                
                                            
                                2020–21 School Year CRDC Reporting                
                                            
                                2023–24 School Year CRDC Reporting                
                                        
                            
                            
                                Total Enrollment                
                                            
                                9,873                
                                            
                                9,819                
                                            
                                9,818                
                                            
                                8,778                
                                        
                            
                            
                                Total Enrollment of Students Who Have A Disability                
                                            
                                2,358 (23.9% of total enrollment)                
                                            
                                1,846 (18.8% of total enrollment)                
                                            
                                123 (1.25% of total enrollment)                
                                            
                                2,146 (24.4% of total enrollment)                
                                        
                            
                            
                                Total Enrollment of Students in High School                
                                            
                                2,079                
                                            
                                2,070                
                                            
                                —                
                                            
                                2,424                
                                        
                            
                            
                                Total Enrollment of Students in High School Who Have a Disability                
                                            
                                —                
                                            
                                370 (17.8% of total high school enrollment)                
                                            
                                —                
                                            
                                612 (25% of total high school enrollment)                
                                        
                            
                            
                                Total Enrollment of Students Taking One or More AP Course                
                                            
                                334                
                                            
                                344                
                                            
                                308                
                                            
                                279                
                                        
                            
                            
                                Total Enrollment of Students Who Have a Disability Taking One or More AP Course                
                                            
                                2 (0.6% of total high school students enrolled in one or more AP course)                
                                            
                                9 (2.6% of total high school students enrolled in one or more AP course)                
                                            
                                2 (0.65% of total high school students enrolled in one or more AP courses)                
                                            
                                25 (8.9% of total high school students enrolled in one or more AP courses)

School Year	2017–18 School Year CRDC Reporting	2017–18 School Year Reporting to OCR for Investigation	2020–21 School Year CRDC Reporting	2023–24 School Year CRDC Reporting
Total Enrollment	9,873	9,819	9,818	8,778
Total Enrollment of Students Who Have A Disability	2,358 (23.9% of total enrollment)	1,846 (18.8% of total enrollment)	123 (1.25% of total enrollment)	2,146 (24.4% of total enrollment)
Total Enrollment of Students in High School	2,079	2,070	—	2,424
Total Enrollment of Students in High School Who Have a Disability	—	370 (17.8% of total high school enrollment)	—	612 (25% of total high school enrollment)
Total Enrollment of Students Taking One or More AP Course	334	344	308	279
Total Enrollment of Students Who Have a Disability Taking One or More AP Course	2 (0.6% of total high school students enrolled in one or more AP course)	9 (2.6% of total high school students enrolled in one or more AP course)	2 (0.65% of total high school students enrolled in one or more AP courses)	25 (8.9% of total high school students enrolled in one or more AP courses)

OCR's interviews with CSD staff resulted in the following feedback being provided:

- "The [redacted content] opined that the District could do more to increase the rate of participation of students with disabilities in AP courses by teachers not always relying on the student or parent to express an interest and instead suggest it more to their students."
- "[O]ne of the [redacted content] teachers recommended that teachers and guidance counselors should do more to encourage students with disabilities to enroll in AP courses and to make sure that parents are aware of the AP course offerings."
- "The Supervisor of Curriculum and Instruction said that the District relies heavily on teacher encouragement, and that is where the District could improve its efforts to be more inclusive in the messaging. He also said that the District could do more to ensure consistent messaging to guidance counselors about inclusivity around AP courses."
- "One of the [redacted content] teachers told OCR that some teachers will not promote AP courses or will only promote AP courses to their honors and AP classes where there are already fewer numbers of students with disabilities. This teacher expressed that more could be done for promotion and messaging by teachers at the college preparatory level."

OCR determined that, although CSD had made an effort to increase student participation in AP courses, CSD "has not taken steps specifically designed to ensure equal access to these high rigor courses for students with disabilities."

CSD admitted it knows "students with disabilities participate in AP courses and honors courses at dramatically lower rates than their enrollment rate" and that "staff tend to promote AP course taking specifically among students enrolled in those courses in which students with disabilities under-enroll."

Based on its interviews with CSD staff, OCR determined that CSD "relies heavily on teacher and guidance counselor recommendations for AP course selection, without providing any guidance or training to teachers and guidance counselors regarding best practices for ensuring the inclusion of students with disabilities, and without the operation of specific guidelines or practices for course assignment or enrollment eligibility for AP courses."

OCR's Corrective Action Plan

CSD entered into a resolution agreement with OCR on July 15, 2024. The agreement requires CSD to take the following steps:

- "Develop a record-keeping system to identify the number of students with disabilities who participate in the High School’s AP course offerings and ensure accurate reporting of data to OCR’s Civil Rights Data Collection;
- "Complete a review and assessment of its AP course offerings at the High School for the 2023-2024 school year and develop recommendations for ensuring equal access to AP courses for students with disabilities;
- "Provide notice to all parents and guardians of 8-11th grade students reminding them of the availability of AP courses, and the contact information for staff to contact;
- "Review its communication with students and parents, including students with disabilities and their parents, regarding the availability of AP courses and develop a protocol for ensuring that all students in 8-11th 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 Middle School and High School levels and make changes, as necessary, to ensure that students with disabilities receive counseling that informs them of available AP course options; and
- "Provide training to all Middle School 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."