Action Item A. The Complainant
Action Item A. The Division will revise the “Service Animals in Public Schools” policy (Policy 9.12) to ensure it is consistent with the applicable provisions of Title II, its implementing regulation at 28 C.F.R. § 35.136, and the Department of Justice’s ADA service animal guidance, available at xxxx://xxx.xxx.xxx/ service_animals_2010.htm and xxxxx://xxx.xxx.xxx/regs2010/ service_animal_qa.html.
Action Item A. By July 1, 2017, the University will develop a written protocol to ensure that its communications with individuals with qualifying disabilities, including individuals who are deaf or hard of hearing, who attend public services, programs, and activities, including public portions of the University’s Board of Visitors (BOV) meetings, are as effective as communications with individuals without disabilities. The protocol will establish that, in response to a timely request, the University will provide appropriate auxiliary aids and services where necessary to provide effective communication so that qualified individuals with disabilities have an equal opportunity to participate in, and enjoy the benefits of, the services, programs, and activities of the University, in particular the public portions of its BOV meetings. The protocol will establish that the ADA Coordinator or his designee will give primary consideration to the auxiliary aid or service requested by the qualified individual with a disability when determining the appropriate accommodation. In instances where the requested auxiliary aid or service would result in a fundamental alteration or an undue burden of a service, program, or activity, the protocol will establish that the University will determine an alternate auxiliary aid or service that provides effective communication. In making such determination, the University will consider the timeliness, accuracy, and appropriateness of the alternative auxiliary aid or service.
Action Item A. Training
Action Item A. If the Student’s parents request to reenroll the Student in the Division within one year of the date of the Agreement, and the Student does not have a current Section 504 Plan, the Division will convene a team of knowledgeable persons (e.g., a Child Study Team, Eligibility Committee, or Section 504 Team) within two (2) weeks of the Student’s enrollment for the purpose of determining whether the Student should be evaluated pursuant to Section 504, to determine whether she is a student with a disability. The Division will consider the Student’s behavior and information obtained by Division staff about the Student, including classroom evaluations and evaluative data, from XXXX to the present.
Action Item A. The College will revise its disability services materials to make clear that qualified students with disabilities may be entitled to non-academic accommodations under Section 504 and Title II, including during disciplinary proceedings or a grievance process; and publish revised program materials that provide such information on the College’s Disability Support Services (DSS) website, as well as in appropriate College documents, including documents containing information about the disciplinary and grievance processes.
Action Item A. By December 1, 2017, the University will revise its notice of non-discrimination to include a statement that the University does not discriminate on the following bases: (1) on the basis of disability in its admission or access to, or treatment or employment in, its programs or activities in compliance with Section 504 and its implementing regulation at 34 C.F.R. §104.8(a); (2) on the basis of sex in its educational programs or activities, including in employment and admission in compliance with Title IX and its implementing regulation at 34 C.F.R. § 106.9(a); and (3) on the basis of age in compliance with the Age Act and its implementing regulation at 34 C.F.R. § 110.25. The University will also include in its notice of non-discrimination, the identification and contact information for the University’s designated Section 504 Coordinator, in addition to the Title IX Coordinator and any other compliance coordinator responsible for receiving complaints of discrimination. The University will further ensure that its notice of non- discrimination is applicable to participants, beneficiaries, applicants, and employees.
Action Item A. By March 15, 2017, Academy personnel and members of the Division’s Office of Student Support Services will receive training regarding evaluation procedural requirements of Section 504, at 34 C.F.R. Section 104.33, 104.35(a). The training will emphasize the Division’s obligations under Section 504 to identify and evaluate students who, because of a disability, need or are believed to need special education and/or related aids and services and to conduct reevaluations prior to a significant change in placement.
Action Item A. The Student
Action Item A. The District will develop and provide training to School staff including teachers, front office staff, case managers, administrators, and any other personnel responsible for identifying and evaluating students who, because of a disability, need or are believed to need special education and/or related aids and services consistent with the requirements of Section 504 and Title II. The training, at a minimum, will include the District’s obligations to identify and evaluate students believed to need special education services, and to provide a free appropriate public education (FAPE) to students with disabilities, specifically, by developing an Individualized Education Plan (IEP) or Section 504 Plan, in accordance with the procedural requirements set forth in 34 C.F.R. §104.35(c), or convening an IEP or 504 team meeting to review an existing plan where there is a concern raised or an indication that the existing plan is not meeting a student with a disability’s individual educational needs. The training will emphasize the District’s protocols for transfer students enrolling in the District with an existing Section 504 Plan, IEP, or other plan in effect from another school district. Specifically, the training will review what to do when the District is made aware a student has been identified previously by another district and when requested records are not received from the other district.
