Action Step. The District will develop and adopt policies and procedures (policies) regarding requests for reasonable modifications from parents or guardians with disabilities to ensure compliance with the Section 504 and Title II regulations. At a minimum, the District’s policies will:
(a) Identify by position title and contact information the employee(s) who will be responsible for receiving and determining reasonable modification requests.
(b) Describe the process for requesting reasonable modifications, including where and with whom to initiate the process.
(c) Ensure that the District will make reasonable modifications to its policies, procedures, and practices when the modifications are necessary to avoid discrimination on the basis of disability, unless the District can demonstrate that making the modifications would fundamentally alter the nature of its service, program, or activity.
(d) Through an interactive process with the parent or guardian with a disability, make an individualized determination based on the specific facts of each request without applying general prohibitions against particular types of reasonable modifications. This process may include discussions with the parent or guardian with a disability to determine whether he/she is a qualified individual with a disability for which he/she needs modifications and to explore what modifications may be appropriate pursuant to Section 504 and Title II; and it may also include narrowly tailored requests for medical documentation relating to the parent’s or guardian’s disability and any necessary modifications, where the information offered by the parent or guardian with a disability is not sufficient.
(e) Describe the process for responding to requests for reasonable modifications, including the timeframe for notifying the parent or guardian with a disability of its decision (i.e., grant or deny the request) and if the reasonable modification request is denied, the reason(s) for doing so.
Action Step. The District will provide effective training to those District employees primarily responsible for receiving and determining requests for reasonable modifications from parents or guardians with disabilities under the policies. At a minimum, the training will include:
(a) A review of the relevant provisions of the Section 504 and Title II regulations, including the District’s duty to consider requests for reasonable modifications, including requests from parents or guardians with disabilities to record their child’s special education meetings, and to grant reasonable modifications unless the District can demonstrate that making the modifications would fundamentally alter the nature of its service, program, or activity.
(b) A review of the policies developed pursuant to Section II.A.1.
(c) A review of the employees’ responsibilities under the policies.
(d) The position title and contact information for the District employee who is responsible for responding to questions regarding the policies.
Action Step. The district will review and revise, as necessary, its policies and procedures to ensure that high school special education students are placed on modified diplomas in accordance with the Section 504 regulations at 34 C.F.R. §§ 104.4(a), 104.4(b)(1)(iv), 104.35(a), 104.35(c), and 104.36, and the Title II regulations at 28 CFR 35.130(a) and 35.130(b)(1)(iv).
Action Step. The district will provide written notice (e.g., written notice may be accomplished electronically, such as via e-mail or posting to the district’s primary website) to its employees, students, and parents and guardians at Brookings-Harbor High School of the following:
a. any new or revised policies and procedures developed under this agreement;
b. the district’s assurance that it does not discriminate against students based on disability in its modified diploma selection and eligibility process;
c. a description of the differences between a regular diploma and a modified diploma, and their respective requirements; and
Action Step. The district will provide comprehensive training to all district employees who are responsible for determining the diploma options for students with disabilities. The training will include, at a minimum:
a. Guidance that when the district changes a special education student’s diploma determination from a regular diploma to a modified diploma, the decision must comply with the Section 504 evaluation and procedural requirements at 34 C.F.R. §§ 104.35(c) and 104.36, and 34 C.F.R. § 104.35(a), if the decision constitutes a significant change in placement.
b. Guidance that the district may not place a special education student on a modified diploma solely because of his/her disability, unless the district determines that the modified diploma is necessary to meet the individual educational needs of the student with a disability as adequately as the needs of a students without a disability.
c. Guidance that the district may not deny a special education student who is eligible for a regular diploma the opportunity to earn a regular diploma.
d. Guidance that when the district is considering whether a student is ineligible for a regular diploma, the district must carefully consider whether the student’s ineligibility is the result of the failure to provide a free appropriate public education as defined by Section 504 at 34 C.F.R. § 104.33, in which case a diploma determination may need to be postponed until the student has had an opportunity to receive regular or special education and related aids and services as defined by Section 504.
e. The name, position title, and contact information of the district employee who is responsible for responding to complaints of disability discrimination, and inquiries about modified diplomas.
Action Step. Whether or not the Student re-enrolls in the District or is eligible for special education transition services, the District will solicit and consider input from the Student and the Parent to assess what individual remedies (e.g., tutoring, counseling, etc.), if any, are needed to address the effects on the Student caused by the absence of the Student’s service dog at the Centennial Transition Center and in the District’s programs and activities during the 2016-2017 school year, pursuant to Title II. OCR is available to facilitate the parties’ communications upon the District’s request.
Action Step. The university will review and revise its policies and procedures as necessary to ensure accessible parking spaces on campus and accessible routes on campus during periods of inclement weather, including ice and snow, are maintained in operable working condition in compliance with Title II and Section 504. The policies and procedures will include appropriate preventative measures to address accessibility concerns caused by ice and snow and measures to ensure that the accessible parking spaces and accessible routes on campus will be cleared prior to the start of the school day when feasible.
Action Step. The UW will send the Complainant a letter which will include the following information:
(a) The UW is committed to ensuring that it conducts its Husky football post- game activities in a manner that does not discriminate against individuals with disabilities, including football fans who ride Paratransit after games. Additionally, the UW is committed to ensuring that it does not discriminate against individuals with disabilities because its facilities, such as the Husky Stadium Paratransit stop, are unusable on game days.
(b) The names, position titles, and telephone numbers of the employees (one primary contact and a secondary contact that will be available if the primary contact is absent) who will be responsible for responding to questions or concerns from the Complainant regarding Paratransit on Husky game days, including any Paratransit issues that arise on the day of games.
(c) For the 2022 football season, a description of where the Paratransit van will pick up the Complainant after games and how the UW will facilitate the Paratransit van’s egress from Husky Stadium, a map identifying where the Paratransit van will pick up the Complainant after games, and the UW website where the Complainant can find the UW’s most recent information about UW Football transportation.
Action Step. The District agrees to take the following action step to provide sufficient notice to the District community of the identity and contact information for its Title IX Coordinator in accordance with 34 C.F.R. § 106.8(a) and 34 C.F.R. § 106.9(a): By August 30, 2019, the District will ensure that if it designates more than one employee to coordinate the District’s efforts to comply with Title IX, it will clearly identify these individuals in all of its publications, as well as the scope of each coordinator’s responsibilities under Title IX (e.g. who will handle complaints by students, employees and faculty). Additionally, the District agrees to revise all references to its Title IX Coordinator(s) in all of its publications where this information appears, including its website, to include the following minimum contact information: name or title, office address, email address and telephone number of the designated employee(s). Inserts may be used pending reprinting of publications. The District also agrees to review all of these publications, including its website, to ensure that the information provided regarding its Title IX Coordinator(s) is consistent with regard to the identities of the individual(s) who are designated to serve in this capacity and their roles and responsibilities and contains the same contact information for the Title IX Coordinator(s).
