TEXAS 4-H AND YOUTH DEVELOPMENT MANAGEMENT GUIDE

RISK MANAGEMENT

MANAGEMENT GUIDE TABLE OF CONTENTS
	Management Overview
	Program Development
	Membership Units
	Volunteer Development
	Risk Management
	Collaboration
	Curriculum
	Resource Development
	Diversity
	Recognition
	Interpretation
RISK MANAGEMENT UNIT SECTIONS

Quick Links:
Release, Waiver, and Authorization for Medical Care - Should be completed by youth and parents for any out of county or overnight 4-H event
Youth Code of Conduct
Youth Consequences of Misbehavior

 

WHAT IS RISK MANAGEMENT?
(by: Risk Management Resource Center, 1999)

Risk management is the discipline of dealing with the possibility that some future event will cause harm. It provides strategies, techniques, and an approach to recognizing and confronting any threat faced by an organization in fulfilling its mission. Risk management may be as uncomplicated as asking and answering three basic questions:

• What can go wrong?
• What will we do (both to prevent the harm from occurring and in the aftermath of an incident")?
• If something happens, how will we pay for it?

Large organizations may have a risk management department responsible for answering the three basic questions. In addition, the department may manage litigation, coordinate safety programs, and undertake the complex analyses required to set monetary reserves for future claims. In small, community-based nonprofits, the risk management function is more likely to focus on issues such as:

• Screening volunteers to protect children from harm;
• Checking motor vehicle records for all staff and volunteers who are driving on the nonprofit’s behalf;
• Developing board orientation and training materials;
• Coordinating the development and consistent use of employment practices; and
• Negotiating the availability of bank credit and purchasing property and liability insurance.

What is a Risk?
(by: Risk Management Resource Center, 1999)

Simply speaking, a risk is any uncertainty about a future event that threatens your organization’s ability to accomplish its mission. Although your "fund balance" may be minimal, and equipment may be second generation, your agency has vital assets at risk. Generally, nonprofit assets fall into the following categories.

• People - board members, volunteers, employees, clients, donors, and the general public.
• Property - buildings, facilities, equipment, materials, copyrights, and trademarks.
• Income - sales, grants, and contributions.
• Goodwill - reputation, stature in the community, and the ability to raise funds and appeal to prospective volunteers.

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THE RISK MANAGEMENT PROCESS
(by: Treasurer of the Trail, West Virginia University Extension Service)

The risk management process has three steps:

STEP 1: Look for Risks

Acknowledge the reality of risks in everything you do – meetings, activities, and events

Focus on your assets:
People – members, volunteers, public
Property – buildings, equipment, bank accounts
Income – sales, grants, contributions
Goodwill – reputation, stature in the community, ability to raise funds

STEP 2: Evaluate the Risks

Once you identify the risks, it’s necessary to make conscious decisions about which risks the organization can tolerate; which risks require the purchase of insurance; which risks can be reduced or controlled; and which are simply too great to bear.

Rate the risk against two factors: frequency and severity. How often might the risk occur–seldom, occasionally, frequently? And, if it occurs, how severe might it be? Once you rate the risk, then you can begin to think about controlling the risk.

STEP 3 – Decide How to Manage the Risks

There are five options to managing risks. Risk avoidance is the strongest method of dealing with risk since it completely eliminates the risk. Of course all activity cannot be stopped just to avoid risk. You need to ask: Is risk justified? Can risk be properly handled by some method other than avoidance? Can the risk be partially assumed or transferred? Can the risk be reduced?

When evaluating programs and activities, look hard at the return to the organization from activities that involve a high degree of risk. It may be better to cancel an activity or event than endanger youths or others needlessly.

Risk transfer is a common means for handling risk. Risks with low frequency and high severity are most often transferred in the form of insurance. Insurance is one of the safest methods for transfer. Insurance does not prevent the incident or a lawsuit but does help with financial coverage. Some risks may not be insurable. Compare cost of insurance and exposure to loss. Other methods of transferring risk include leases, sales contracts, purchase contracts, suretyship, and bailment.

Risk reduction or modification is a method for decreasing the risk or the loss. Using multiple strategies to reduce risks will improve your control over surprises.

Reducing risks should be a major focus of a risk management program. The risk reduction plan should be a part of the overall risk management plan.

Risk acceptance means you keep the risk and accept the responsibility for any consequences (losses) should the risk occur. This method is often considered “living dangerously.” Organizations most commonly accept risks by not thinking about them.

Acceptance makes sense if the risk is small enough that the organization can sustain the loss. You usually accept some risks whenever you want to accomplish anything.

Risk prevention is often a longer term method for reducing risks through preventative measures. Many groups provide a system to handle almost any emergency through a risk management plan. It may be necessary to get legal advice to determine what to include in the risk management plan and to provide a safe experience and avoid legal entanglements.

Where Do We Start?

Effective risk management requires the use of common sense and general procedures when planning and implementing 4-H programs. As your 4-H program develops, make risk management a key part of your planning. Work with committees to:

1. Identify risks
2. Evaluate risks
3. Reduce preventable risks to an acceptable level
4. Obtain insurance or other financial resources as needed
5. Monitor and revise any plans or actions

You may want to discuss risk management with other leaders, teens, and parents. Remember that risk management is everyone’s responsibility.

Know the people–volunteers and youths–with whom you are working. For example, how well do you know your 4-H members? Do any of your members have special needs; i.e., diet, medications, reduced activity? You may want to consider having a medical card on each child in your club. Are there any special circumstances in the family of which you should be aware? For example, should the child not be allowed to travel with certain people or is a divorce causing special problems, etc.

Have you considered the risks that may be present in your meeting environment? Do members know what to do in case of fire or other emergency? Is a first aid kit available? Is a second adult present in case you should be called away? Is safety a key element of your club program?

The role of risk management as it relates to the safety of 4-H’ers in the 4-H program can’t be underestimated. In all of our work with young people, we have a responsibility to them, and to their families, to provide a safe environment. By following a few simple guidelines, you can help provide such an environment.

1. The volunteer/s should review the planned program of activities and/or the project/s to identify areas of potential risk. Once identified, a plan to minimize these risks should be developed, written down, put in place, and be understood and practiced by all leaders involved.
2. Volunteers should develop guidelines to determine appropriate actions during an emergency. Emergency drills should be practiced, when appropriate.
3. 4-H project workshops should start with a discussion of the project and the safety procedures to follow when involved in that project.
4. Each member should demonstrate through action/exam, that he/she fully understands and can follow the established safety guidelines for that project. The leader should document the results.
5. All machines or equipment used with a 4-H project should be in good repair with all safety features in place and functional.
6. Protective safety equipment should be worn when required or recommended.
7. All equipment should be appropriate for the age, size and ability of the participants.
8. A specific written plan for each project or special activity should be prepared.
9. A first aid kit should be available.
10. Make certain the appropriate people are aware of all planned activities and events. This may include the extension office, parents, neighbors, etc.

In all 4-H programs, leaders should understand the proposed program activity, know the experience and qualification of the leaders involved, understand the skill level of the youth involved, and assess the degree of risk before acting. All leaders should act in a responsible manner where 4-H programs are concerned

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SETTING TERMS AND CONDITIONS FOR 4-H CLUBS

The overarching rules for Texas 4-H are communicated through the Texas 4-H Rules and Guidelines.

Every 4-H club needs to have rules and guidelines on actions to take if a child is ill or injured. Club managers and volunteer leaders must reduce risk taken by the club. It is better to set rules and guidelines before a problem arises; that is, it is better to prevent a fire than to have to extinguish one.

Sometimes it's not obvious what terms and conditions are needed until a problem arises or becomes continual and demands that rules be established. Avoid unnecessary stress by setting clear rules and guidelines and making sure all volunteers, children, parents/adults, and the community know about them.

When setting up terms and conditions, first determine whether they are really needed. Too often, rules are created as a result of one particular and then stay in use for years, creating much paperwork and extra pressure and stress on all 4-H members and volunteers.

If you have explored all possibilities for solving a problem, and terms and conditions are needed, then remember that:

• Youth should be involved in developing the terms and conditions.
• The terms and conditions must be in writing, preferably as a part of the club bylaws.
• The terms and conditions should be realistic and fair.
• They must also be enforceable. Provisions must be made to warn a person in writing before enforcing the consequences of breaking the terms and conditions.
• The terms and conditions must be free of any evidence of discrimination on the basis of sex, socioeconomic level, race, color, religion, national origin, or disability.
• They must be reviewed by the county Extension agent responsible for 4-H before final adoption.
• Once adopted, each member and family must be given a written copy of the terms and conditions.
• When enforcement is required, the terms and conditions must be enforced fairly and consistently for all concerned.
• Review them annually to re-evaluate their effectiveness and change if necessary.

Bylaws and standing rules should be voted on and adopted by club membership. Make it clear who sets terms and conditions, and disseminate them to everyone whose cooperation is needed.

Continual spoken and written communications, with parents/adults in particular, are extremely important so that expectations are discussed and clarified before conflicts arise. Good communication can prevent many conflicts.

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CODE OF ETHICS AND CONDUCT AFFECTING YOUTH AND ADULT PROGRAMS

Texas AgriLife Extension Service's Youth Protection Standards (YPS) program was implemented to provide a safe and positive environment for youth and adult volunteers. The program focuses on youth audiences who are a part of any Texas AgriLife Extension Service program. The YPS program involves criminal background checks of all adult volunteers 18 years of age or older working directly with youth. Volunteers who have been screened by another entity, such as their employer or other youth organization, may indicate this on their enrollment form, but counties may choose to have volunteers screened through YPS regardless of past screening conducted by another entity.

Volunteers must complete the front and back side of the Texas 4-H Volunteer Registration Form and Background Information.

Group Enrollment Form- Volunteers may also be recorded on the Texas 4-H Member Group Enrollment Form when working with curriculum enrichment or special interest groups. For example, teachers who have been screened by the school district and who serve as an instructor for 4-H curriculum enrichment are listed as a direct volunteer on the group enrollment form. If they have not been screened, there is a single page application that is part of the Group Enrollment Form that should be used for any adult who will work directly with youth.

Volunteers, working directly with youth, may be assigned, reassigned, or not accepted based on this information.

Volunteer Qualifications

The basis for a successful 4-H program is the involvement of volunteers. These volunteers are commonly parents and supporting adults of 4-H members, along with community leaders, donors or members of other civic organizations. Unfortunately, sometimes there are conflicts between a volunteer and the 4-H philosophy resulting in the dismissal of the volunteer. This process can be easy if the volunteer agrees to resign. It can also be difficult and require that legal options be discussed. Hopefully, all volunteers have the entire program at heart and will resign if asked.

If you must go through the dismissal process, documentation will be required. As an agent, you should always keep detailed records of all conversations and correspondence you have with a volunteer. Inform and consult your district Extension administrator for advice and suggestions. Thorough documentation will facilitate this difficult process.

The dismissal process will not happen quickly. Have patience and consideration for yourself, your supervisors and the volunteer. DO NOT skip steps in the dismissal process. Skipping steps will result in more difficulty for you and may result in the volunteer being reinstated.

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AGENT AND VOLUNTEER LIABILITY

As a Texas AgriLife Extension Service employee you are covered by state liability laws. These protect you in your role of youth development education. In order to familiarize yourself and volunteers with the limits and regulations of liability, reference the "Review of Statutory Protection from Liability for TCE Personnel and Volunteers" (link below). Please read this information very carefully and know what does and does not affect you. As with any accident or incident during a 4-H event or activity, notify your immediate supervisor and document the actions leading up to and during the accident or incident.

Review of Statutory Protection from Liability for TCE Personnel and Volunteers (Attachment) is an overview of the following topics:

• Protection for volunteers
• Liability coverage for volunteers
• Protection for owner of agricultural land used for recreation
• Equine activities
• Federal Volunteer Protection Act of 1997

Federal Volunteer Protection Act of 1997

In May 1997, Senate Bill 1479 was passed into law. This action discusses Immunity from Liability for Volunteers. The document linked above, "Review of Statutory Protection from Liability for TCE Personnel and Volunteers," is an interpretation from the Office of General Counsel, TAMUS, from September 1997. These documents are subject to revisions and updates as deemed necessary by System counsel, and as associated state and federal laws change. These are guides to what protection is offered to TCE employees, as well as for volunteers.

More information on TAMUS legal issues may be found at: http://sago.tamu.edu/legal

In order for a volunteer to serve with Texas AgriLife Extension Service and the Texas 4-H and Youth Development Program, all 4-H volunteers must be formally enrolled on the Volunteer Application Form or on the Texas 4-H Member Group Enrollment Form under the volunteer section. This is an annual process.

Texas AgriLife Extension Service volunteers do not have the same immunity from liability as governmental units and employees. However, volunteers may be protected from civil liability under Section 51.937 of the Education Code for Discretionary Actions, within their scope of duties, as volunteers for Texas AgriLife Extension Service.

Adult volunteer leaders are expected to act in good faith and without negligence in the performance of their duties in order to minimize any chance of creating a Texas A&M University System liability.

Age: A volunteer must be at least 21 years of age at the time of a 4-H event to serve as an adult chaperone for overnight events.

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VOLUNTEER BEHAVIORAL MANAGEMENT

There are a number of management techniques that agents need become well acquainted with to help them in working with volunteers. We must remember that our primary concern is the safety of the children and making sure that they have a positive experience. Below are tools to equip you to address issues that may arise with volunteers.

Conflict Management

One of the most difficult jobs a county Extension agent can encounter is conflict resolution which may result in the dismissal of 4-H volunteers. Not only does this create a tense working relationship between Extension and clientele, but may also result in considerable documentation and sometimes litigation. A valuable resource to use in dealing with conflict resolution is the “Taking Anybody into Expanded Involvement (TAXI)" curriculum. This material offers management tips and suggestions and is highly recommended.

Releasing a Volunteer

NOTICE : THE NEED TO CONSISTENTLY FOLLOW LEGAL PROCEDURES REGARDING VOLUNTEER DISMISSAL MAKES IT IMPERATIVE THAT THE TCE, ASSOCIATE DIRECTOR-4-H AND YOUTH IS CONTACTED PRIOR TO PROCEEDING ON ANY VOLUNTEER DISMISSAL ISSUE.

Unfortunately, sometimes county Extension agents and Extension personnel have no other choice but to release a volunteer from duties and association with the 4-H program. This should be done only as a last resort when all other conflict resolution techniques have failed. The dismissal of a volunteer should also be done using proven and documented facts.

In dismissing a volunteer, the most important factor is to have TOTAL county and district staff support. If everyone is not in agreement about the dismissal, failure and embarrassment could affect the removal process and allow the volunteer to maintain involvement in the program. It is very important for all parties in Extension to make sure that the proper steps are taken in dismissing a volunteer.

Sample letters are available through the Texas 4-H office to help agents in releasing of volunteers. Before a letter is mailed or delivered to the volunteer, agents must consult with their district Extension administrators. Expectations concerning change in behavior should be sent in writing to volunteer. Prior to moving forward, Extension Administration's 4-H Associate Director and County Program Associate Director must be contacted for counsel.

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VOLUNTEER CODE OF CONDUCT

Adults are expected to be a positive example for children in their role as a volunteer. There are standards which must be upheld in order to be a volunteer in the Texas 4-H program. Just as we enforce a code of conduct with youth, adults must also follow a code of conduct as a volunteer. Adults who do not follow the Volunteer Code of Conduct. The volunteer Code of Conduct is part of the Texas 4-H Volunteer Application. All volunteers are subject to dismissal as outlined in the document.

Extension faculty are to follow the procedures as outlined in Policy for Incident Response (Attachment) when an incident occurs with an adult who violates the Volunteer Code of Conduct.

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INFRACTIONS, REASSIGNMENTS, AND DISMISSALS OF VOLUNTEERS

Infractions of the Texas 4-H Volunteer Code of Conduct must be reported, by anyone observing them, to Texas AgriLife Extension Service staff. Consequences may include:

1. Discussion of the incident with the 4-H leader and clarification of the policy.
2. Releasing the adult to the appropriate law enforcement agency.
3. Termination of the volunteer from the 4-H program.

The purpose of the 4-H Program is youth development and the primary portion of the agents' and volunteers' time should be spent in positive work supporting quality experiences for boys and girls. County Extension agents should provide volunteers with a written job description which they agree to and sign. It is suggested that the signature be notarized. One copy should be kept on file in the county Extension office and one returned to the volunteer. Volunteers are expected to participate in training necessary to carry out their responsibility. It is the responsibility of the adult 4-H volunteer to carry out the assigned responsibilities that he or she has accepted. 4-H volunteers are expected to follow the Volunteer Code of Conduct (the volunteer Code of Conduct is part of the Texas 4-H Volunteer Application) and conduct themselves in both public and private life as good examples for youth. This includes appropriate dress, correct use of language and moral conduct in accordance with the generally recognized standards of our society. It should be understood by the volunteer that he or she is expected to pursue avenues of learning, training and teaching provided to them.

Cause for Reassignment or Dismissal of Volunteers

A volunteer may be reassigned or dismissed for a number of reasons, including illegal activity, behavior which compromises the health and safety of youth, violating an Extension policy, violation of 4-H Rules and Guidelines, willfully violating or causing children to violate rules, being consistently disruptive to the overall program and being consistently unwilling or unable to work amicably with agents and other leaders, or failure to rotate the leadership role. The nature and seriousness of the infraction or violation will determine whether the option of reassignment or dismissal should be considered.

A volunteer who is unable to embrace and demonstrate the overall philosophy of youth development may be counseled toward other avenues of volunteering.

A child who has a parent dismissed as a 4-H volunteer is still eligible to participate in 4-H.

Procedure for Dismissal

Before any official action is taken, county professional staff and their immediate Extension supervisors should counsel volunteers about problems. Always keep written records of discussion concerning volunteer performance. Utilize the following steps for a volunteers' removal only after extensive efforts have been made to help the volunteer improve his or her performance.
Step 1: Contact immediate Extension supervisor for counsel. County staff representative meet with the volunteer to discuss problems with performance and/or any 4-H Rules and Guidelines violations. Specific areas for improvement are outlined and recorded. A written record of the meeting is kept and copies provided to all participants, including immediate Extension supervisors. Expectations concerning change in behavior should be sent in writing to volunteer.

Step 2: If problems continue, a second meeting is held with the volunteer. The volunteer is given a probationary period during which performance must improve. If problems continue, the volunteer should be removed from service. Again, written records should be kept and copies provided as in Step 1.

Step 3: If problems continue, the volunteer should be notified in writing of their removal from service to 4-H. Copies provided as noted in Steps 1 & 2. Prior to moving forward, Extension Administration's 4-H Associate Director and County Program Associate Director must be contacted for counsel.

Step 4: If the volunteer wishes to appeal, a written request for review must be sent to the appropriate District Extension Administrator. The review is completed by a committee designated by the District Extension Administrator or County Extension Director. A written reply is provided to the volunteer on the results of the review and the final decision on the appeal. Copies are made as noted in Step 1.

Immediate Removal

Some actions by volunteers may warrant immediate removal without benefit of the step-by-step process. These include arrest or conviction for child abuse, negligence, violent crime, drug use, or other felony violations of the law. In some cases a volunteer should be suspended until an investigation is completed. A decision for immediate removal must be made with input from the appropriate Extension supervisor. Prior to moving forward, Extension Administration's 4-H Associate Director and County Program Associate Director must be contacted for counsel.

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MEDICAL AND ACCIDENT INSURANCE (ONLY)

All youth and volunteers taking part in 4-H activities should be properly enrolled in 4-H as members or leaders in their respective counties for the purpose of insurance coverage. Certain 4-H activities and contests are insured by the district or state 4-H and youth program. Notification of which district and state events are covered by medical and accident insurance may be provided by district and state offices. It is highly recommended that county 4-H programs buy medical and accident insurance to cover other events or activities. This health coverage is available on a per year or per event basis. The company that is used for district and state events and by many counties is:

American Income Life Insurance Company
Waco, Texas Office -- 1-800-433-3405
http://www.americanincomelife.com/

Local companies may also be able to provide coverage for specific events within the county.

Insurance Provision for General Liability Coverage of Property

When Extension personnel secure a facility to conduct an educational program, the facility may require evidence of liability insurance coverage. A sample letter is available for Extension personnel to use that explains the relationship between Texas AgriLife Extension Service and the State of Texas regarding general liability coverage of Extension Events.

To access this letter, Extension personnel should log in to the County Extension Agent, password protected website at
(http://texas4-h.tamu.edu/agents/index.html#county)

This letter is be used ONLY by Extension personnel. The event that it is being used in conjunction with must be an educational event planned by professional faculty and requires professional faculty to be on the premises. This letter cannot be used for events sponsored by volunteer groups.

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AMERICANS WITH DISABILITIES ACT

Texas AgriLife Extension Service is dedicated to providing information and resources to all citizens of the state of Texas regardless of socioeconomic level, race, color, sex, religion, disability or national origin. As part of that commitment, agents must be conscientious of working with disabled persons and in selecting the facilities used for educational programs. To provide assistance for agents and leaders in defining disabilities, an excerpt from the U.S. Department of Justice —Civil Rights Division, Title II Highlights is below.

In assisting and accompanying disabled clientele sometimes special services are needed. A list of resources that can provide assistance has also been provided below for your information.

Other community resources that may be able to assist you include churches, schools, universities, hospitals, community centers and county health departments.

Excerpt from Title II Highlights

Qualified Individuals with Disabilities
Title II of the Americans with Disabilities Act provides comprehensive civil rights protections for “qualified individuals with disabilities.” An “individual with a disability” is a person who:

• Has a physical or mental impairment that substantially limits a “major life activity,” or
• Has a record of such an impairment, or
• Is regarded as having such an impairment.

Examples of physical or mental impairments include, but are not limited to, such contagious or noncontagious diseases and conditions as orthopedic, visual, speech and hearing impairments; cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism. Homosexuality and bisexuality are not physical or mental impairments under the ADA.

• "Major life activities” include functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
• Individuals who currently engage in the illegal use of drugs are not protected by the ADA when an action is taken on the basis of their current illegal use of drugs.
• A “qualified” individual with a disability is one who meets the essential eligibility requirements for the program or activity offered by a public entity.
• The “essential eligibility requirements” depend on the type of service or activity involved.
• For some activities, such as state licensing programs, the ability to meet specific skill and performance requirements may be “essential.”
• For other activities, such as where the public entity provides information to anyone who requests it, the “essential eligibility requirements” would be minimal.

Program Access

State and local governments:

1. Must ensure that individuals with disabilities are not excluded from services, programs and activities because buildings are inaccessible.
2. Need not remove physical barriers, such as stairs, in all existing buildings, as long as they make their programs accessible to individuals who are unable to use an inaccessible existing facility.
3. Can provide the services, programs and activities offered in the facility to individuals with disabilities through alternative methods, if physical barriers are not removed, such as:
   • Relocating a service to an accessible facility, e.g., moving a public information office from the third floor to the first floor of a building.
   • Providing an aide or personal assistant to enable an individual with a disability to obtain the service.
   • Providing benefits or services at an individual’s home or at an alternative accessible site.
   • May not carry an individual with a disability as a method of providing program access, except in “manifestly exceptional” circumstances.
   • Are not required to take any action that would result in a fundamental alteration in the nature of the service, program, or activity, or in undue financial and administrative burdens. However, public entities must take any other action, if available, that would not result in a fundamental alteration or undue burdens but would ensure that individuals with disabilities receive the benefits or services.

Integrated Programs

Integration of individuals into the mainstream of society is fundamental to the purposes of the Americans with Disabilities Act. Public entities may not provide services or benefits to individuals with disabilities through programs that are separate or different, unless the separate programs are necessary to ensure that the benefits and services are equally effective. Even when separate programs are permitted, an individual with a disability still has the right to choose to participate in the regular program.

For example, it would not be a violation for a city to offer recreational programs specially designed for children with mobility impairments, but it would be a violation if the city refused to allow children with disabilities to participate in its other recreational programs. State and local governments may not require an individual with a disability to accept a special accommodation or benefit if the individual chooses not to accept it.

Communications

State and local governments must ensure effective communication with individuals with disabilities. Where necessary to ensure that communications with individuals with hearing, vision or speech impairments are as effective as communications with others, the public entity must provide appropriate auxiliary aids.

“Auxiliary aids” include such services or devices as qualified interpreters, assistive listening headsets, television captioning and decoders, telecommunications devices for deaf persons (TDD’s), videotext displays, readers, taped texts, Brailled materials, and large print materials.

A public entity may not charge an individual with a disability for the use of an auxiliary aid.

Telephone emergency services, including 911 services, must provide direct access to individuals with speech or hearing impairments. Public entities are not required to provide auxiliary aids that would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens. However, public entities must still furnish another auxiliary aid, if available, that does not result in a fundamental alteration or undue burdens.

New Construction and Alterations

Public entities must ensure that newly constructed buildings and facilities are free of architectural and communication barriers that restrict access or use by individuals with disabilities. When a public entity undertakes alterations to an existing building, it must also ensure that the altered portions are accessible. The ADA does not require retrofitting of existing buildings to eliminate barriers, but does establish a high standard of accessibility for new building.

• Public entities may choose between two technical standards for accessible design: The Uniform Federal Accessibility Standard (UFAS), established under the Architectural Barriers Act, or the Americans with Disability Act Accessibility Guidelines, adopted by the Department of Justice for places of public accommodation and commercial facilities covered by Title III of the ADA.
• The elevator exemptions for small buildings under ADA Accessibility Guidelines do not apply to public entities covered by Title II.

Enforcement

Private parties may bring lawsuits to enforce their rights under Title II of the ADA. The remedies available are the same as those provided under section 504 of the Rehabilitation Act of 1973. A reasonable attorney’s fee may be awarded to the prevailing party. Individuals may also file complaints with appropriate administrative agencies. The regulation designates eight Federal agencies to handle complaints filed under Title II. Complaints may also be filed with any federal agency that provides financial assistance to the program in question or with the Department of Justice, which will refer the complaint to the appropriate agency.

Complaints

Any individual who believes that he or she is a victim of discrimination prohibited by the regulation may file a complaint. Complaints on behalf of classes of individuals are also permitted.

Americans With Disabilities Act—Examples of Meeting Announcements and
Pre-Registration Forms

General Purpose:
“If you require auxiliary aids, services or other accommodations for this meeting due to a disability, please check here and a Texas AgriLife Extension Service representative will contact you to discuss your needs.”

“Individuals with disabilities who require an auxiliary aid, service or accommodation in order to participate in this meeting are encouraged to contact (fill in name and telephone number) to determine how reasonable accommodations can be made.”

“We will seek to provide reasonable accommodations for all persons with disabilities for this meeting. We request that you contact (fill in name and telephone number) as soon as possible to advise us of the auxiliary aid or service that you will require.”

Physical Disability

“Accessibility: To make the conference enjoyable for everyone, all classes and clinics, and many half-day tours are accessible to persons with disabilities. Please be advised, however, that participants for all tours must be able to board vehicles without mechanical assistance. We can store wheelchairs on board the buses.”

“Conference facilities are accessible for the physically disabled.”

Deaf/Hearing Impaired
“Please notify the (blank) County Extension Office one week in advance if you require special assistance with hearing or interpretation of program presentations. We will make every effort to assist where possible, but we need advance notice.”

“Deaf/hearing impaired participants should notify the (blank) County Extension Office at least one week in advance of the program so that interpretation assistance can be provided if reasonably available.”

EEO/AA Statement

Following is an updated EEO/AA Statement that should be included in Plans of Work.
“ADA provisions will be considered when planning educational programs and activities.”

Resources for ADA Requirements

Texas Department of Assistance and Rehabilitative Services
4800 N.Lamar Blvd.
Austin, Texas 78756
Toll-free 1-800-628-5115 TTY 1-866-581-9328
http://www.dars.state.tx.us

Divisions include: Blind, Deaf, Rehabilitation, Early Childhood

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OPEN RECORDS ACT

GENERAL
1. Texas Public Information Act states that, unless otherwise expressly prohibited by law, all persons are entitled at all times to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees. As used in the Act, the term "governmental body" includes boards, such as the System Board, that are within or created by the executive branch of the state government and that are under the direction of one or more elected or appointed members. "Public information" means information that is collected, assembled, or maintained by a governmental body in connection with the transaction of official business.
PUBLIC INFORMATION
The Act specifies types of records which are to be available to the public and provides that, with certain exceptions, all information collected, assembled, or maintained by or for governmental bodies except in those situations where the governmental body does not have either a right of access to or ownership of the information, pursuant to law or ordinance or in connection with the transaction of official business is public information and available to the public during normal business hours of any governmental body.

CLICK here for full overview of Open Records Act Information (http://tce.tamu.edu/required/61_01_02.html)

Adjunct Faculty & The Texas Education Code for UIL Extra Curricular Activities

Texas AgriLife Extension Service and the Texas Education Agency have a working relationship so that public school districts can offer an adjunct faculty status to county Extension agents with 4-H members in that particular school district. This agreement is on a per year basis and must be revised as the school year begins, or any time during a faculty change. A copy of this agreement is provided for agents to use. In presenting this to your school district, contact the school superintendent to discuss the matter first. If the school is willing to work with Extension, the superintendent will then present the matter to the board for approval.

House Bill 3573(replaces Senate Bill 1 and House Bill 72) also allows local school boards to set the number of days (no less than 10) that a student can miss school for extra-curricular activities. 4-H has been recognized by the Texas Education Agency as a legitimate school-related extracurricular organization. 4-H members may apply for excused absences in order to participate in 4-H activities. It is the responsibility of the local school district to determine whether or not any student is eligible and may be excused from classes to participate in any extracurricular event or activity. 4-H members are not automatically excused upon request, but are subject to all regulations of the Texas Education Agency and their local school district as they may apply to extracurricular participation.

At the beginning of each school year, Extension agents should meet with school officials to determine the preferred steps for securing excused absences and permission for 4-H members to participate in 4-H activities.

All 4-H youth, including youth in public, private, or home school must adhere to the following guidelines regarding competitive activities:

A. Complete a “Declaration of Eligibility Form”(available on the Texas 4-H County Extension Agent login site at (http://texas4-h.tamu.edu) with appropriate signatures as indicated on the form:

OR
B. Name of 4-H member must appear on a list of eligible students to participate in a specific extracurricular activity signed by the school principal or designee. Recommended procedures to obtain this list are:

At least thirty (30) days in advance of each 4-H event, agents should submit a written request to the appropriate school administrator providing the following information:
● Names of 4-H members involved
● School they attend
● Date(s) of extracurricular activity
● Name and time of event in which 4-H member will participate
● The educational significance of the event
● Name of adult chaperone

Consistent with University Interscholastic League (U.I.L.) rules, the Texas 4-H Program has adopted a three (3) school week waiting period upon change in status of school enrollment (i.e. from public to private or private to home or home to public or home to private, or public to public) before the 4-H member is eligible for extracurricular activity.

In some cases, it will be advantageous, in obtaining excused absences for 4-H members, for the county Extension faculty to explore the option of requesting to be appointed as Adjunct Faculty to the local school districts. County Extension faculty are encouraged to explore this option and other means to strengthen collaborative linkages with schools.

Link to the County Extension Agent secure log-in site for:
TEA UIL Side By Side Document
Adjunct Faculty Status Sample Forms and Eligibility Forms

Specific events and activities may require that rules be established beyond being a 4-H member. Where this is the case, the responsibility for establishing and monitoring such rules rests with the organization in charge of the event or activity. Such rules, once made, should be made known to all 4-H members and their families. The rules must not violate the rights, or discriminate against the rights, of any person and should be so stated as to be inclusive in nature.

Cooperation between 4-H, FFA and other Organizations

A cooperative relationship is expected between the 4-H and Youth Development Program and FFA. The exhibiting of projects and participation in similar educational and competitive events offered by the two organizations, should always emphasize maximizing educational opportunities for young people. Consistent with the rules and guidelines of the specific events and contingent upon an agreement between the county Extension faculty responsible for the 4-H and Youth Development Program and the faculty member responsible for the FFA program, youth are allowed to use the same projects and/or activity to participate in FFA and 4-H programs.

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Page last updated: November 19, 2008