Installation of rubberized surfaces not unreasonable

Stanley J. Vitello, Hopewell Borough
Hopewell Valley’s Special Education PTO is seeking funds for all-access playgrounds for students with physical disabilities and those who may use motorized wheelchairs.
Under ADA, all school playgrounds should be accessible to all students, including those with physical disabilities. In Hopewell Valley, schools playgrounds are not fully accessible for all students with physical disabilities.
The ADA is a civil rights act that mandates protections for people with disabilities and anti-discrimination in a wide range of activities in the public and private sector.
Title 2 requires that a qualified person with a disability cannot be excluded from participation in or denied the benefits of programs and activities of a public entity or be subjected to discrimination by a public entity. Hopewell Valley schools are a public entity under ADA and required to make reasonable modifications to ensure access and participation in playground programs and activities. Therefore, the installation of rubberized surfaces is not unreasonable.
As eloquently said by Caroline Ferguson: "We would just like John (her 8-year-old son) to have free access to the playground and his friends." She adds: "Giving children with physical disabilities full access to the playground at recess enriches their lives and the lives of the children who play with them."