Office for Civil Rights Raises Accessibility Concerns about Texas Elementary School Playground
Tarkington ISD must inspect the playground and either document full compliance or correct barriers under OCR monitoring.
July 16, 2026, U.S. Department of Education’s Office for Civil Rights (OCR) issued a resolution letter to Tarkington Independent School District (TISD) in Cleveland, Texas, concerning a complaint about the playground at Tarkington Elementary School.
OCR styled the complaint as OCR Case No. 06-24-1873 and investigated the following allegation:
“[T]the District discriminates against students with disabilities as the playground located at Tarkington Elementary School (School) is inaccessible to individuals with mobility impairments.”
Before OCR completed its investigation or made a final determination, TISD expressed interest in resolving the complaint. TISD signed a resolution agreement with OCR July 16, 2026.
OCR didn’t determine that TISD violated federal law. The agreement states that TISD entered into it “without admitting any violation of law.” However, OCR identified the following compliance concerns:
“The apparent absence of an accessible route from the school building to the playground and swing sets raises concerns under the accessibility requirements of Section 504, Title II, and the 2010 ADA Standards, which require an accessible route composed of a firm, stable, and slip-resistant surface. Natural grass does not meet these requirements and cannot serve as an accessible route.
“Similarly, the wood-mulch surfacing in both the playground and swing-set areas appears uneven and therefore may not meet the Standards’ requirements for accessible ground surfaces within a play area. Uneven or unstable mulch can impede accessibility for individuals with mobility impairments and may not satisfy the requirement that surfaces be firm, stable, and maintained.
“Based on these observations, OCR identified compliance concerns involving the ostensible absence of an accessible route from the school building to the playground and swing sets and relating to the possibly inaccessible ground surfaces in both areas.”
