Guidance Memorandum. A. Within sixty (60) calendar days of the Board’s adoption of the revised Board Policy and Administrative Regulation, the District will create for OCR’s review and approval, a memorandum that provides guidance and information about the use of service animals. The memorandum will be distributed to all District employees. The memorandum will, at a minimum, include information related to: • The District’s revision of its service animal Board Policy and Administrative Regulations; • The nature of the revisions; • The ability of an individual with a disability to use a service animal without first making a request to use it; • The permissible inquiries that can be made of a service animal user and the prohibition against various additional requests, observation opportunities, and testing of the animal’s ability; • Considerations and issues that are improper when an individual with a disability is using a service animal; • the ability of a service animal user to access all areas of the District that any other individual is able to access; • The inapplicability of Individuals with Disabilities in Education Act (IDEA) or Section 504 to a student’s use of a service animal and the prohibition of limiting a student’s use of a service animal to the approval of the student’s IEP team or Section 504 team; • The only reasons/means that a service animal can be excluded from the District’s facilities, programs, or activities; • The prohibition against harassing users of service animals and the types of actions that may constitute prohibited harassment; • The District’s obligations under Section 504 and Title II when it receives a report of alleged harassment of a student based upon the student’s disability; • The responsibilities of staff members and administrators upon receipt of either an oral or written complaint of alleged harassment and the steps that are required to be taken in order for it to be properly received and formally investigated; and • The District’s internal policies that are established to investigate and resolve complaints of disability harassment and will detail the steps through use of an example complaint.
B. Within fifteen (15) business days of OCR’s approval of the memorandum required by the previous paragraph, the District will disseminate the memorandum in accordance with paragraph (II)(A) above. Dissemination may be done through electronic means (e-mail), placement in internal mail boxes/in boxes, mailing through the U.S. Postal Service, or any ...
Guidance Memorandum a. The District will issue a guidance memorandum to all District employees with a reminder concerning District procedures used to secure CART services for parents and guardians, and the District’s anti-retaliation policy.
Guidance Memorandum. A. By April 1, 2024, or within sixty (60) days of OCR’s approval of the revisions required by section (I)(A), whichever is later, the District will submit to OCR for review and approval, a memorandum that provides guidance and information about the interdistrict transfer process to its administrators and staff who: communicate with parents, District employees, and others (e.g., employees of the student applicant’s home school) about the interdistrict transfer process; review, provide input about, and/or decide any interdistrict transfer requests; and implement the interdistrict transfer agreement and related policies, documents, and information (e.g., on the website). The memorandum will explain: (1) the revisions stated in section (I)(A); and (2) that Section 504 and Title II prohibit the District from discriminating against students with disabilities in the interdistrict transfer process.
B. Within fifteen (15) days of OCR’s approval of the guidance memorandum, the District will disseminate it to the administrators and staff identified in Section (II)(A) above via email and via placement in staff internal mailboxes.
C. Within ten (10) days of disseminating the memorandum as required by Section (II)(B), the District will provide verification to OCR that it completed the requirements by producing the email it sent to administrators and staff and by informing OCR of any other distribution methods used.
Guidance Memorandum. A. By December 1, 2018, the District will create for OCR review and approval a memorandum that is addressed to relevant District administrators, faculty, and staff that provides guidance and information about providing home instruction to students with disabilities. The memorandum will, at a minimum, include: information discussing the requirement that every determination regarding instruction to be provided to a student with a disability must be made on an individualized basis in compliance with the procedural requirements of Section 504 related to educational setting, evaluation, placement, and receipt of services; when providing home instruction to a student with a disability constitutes a significant change in placement and the obligations triggered by the change in placement; the differences and distinctions between providing home instruction to a student with a disability and the home/hospital instruction program; and, the nonapplication of the various limitations and restrictions on the instruction provided by the home/hospital instruction program to students with disabilities and the requirement to provide them with a FAPE.
B. Within fifteen (15) days of OCR’s approval of the memorandum required by the previous paragraph, the District will disseminate the memorandum to its administrators, faculty, and staff. Dissemination may be done through electronic means (e-mail), placement in internal mail boxes/in boxes, mailing through the U.S. Postal Service, or any combination of these methods that is designed to reach the maximum number of recipients possible. In addition to disseminating a copy of the memorandum to relevant administrators, faculty, and staff, the District will post the memorandum to its website in a conspicuous location and at all District locations at which other similar District documents are posted in order to inform faculty, staff, students, parents, or the public of such information. The memorandum will remain posted at these locations for a minimum of one year.
Guidance Memorandum. A. By January 12, 2023, the District will create for OCR review and approval a memorandum that reaffirms the District’s adherence to the nondiscrimination principles, including the prohibition against retaliation, provided for by Section 504 and Title II and that also states and explains the District’s Uniform Complaint Procedures (UCP) as the complaint process to be used by those who believe that discrimination has occurred. At a minimum, the memorandum will include information on the following: 1) the general nondiscrimination requirement found in 34 C.F.R. § 104.4 and 28 C.F.R. § 35.130;
Guidance Memorandum. A. By May 1, 2015, the University will provide OCR with a draft guidance memorandum, which clarifies the process for resolving discrimination complaints filed in the context of an academic appeal, for review and comment.
B. Within fifteen calendar days of receiving OCR’s approval of the guidance memorandum, the University will distribute the guidance memorandum to all University employees responsible for processing and/or resolving discrimination complaints, with a copy to OCR within five calendar days of the distribution to University employees.
Guidance Memorandum. A. By May 31, 2019, the District will provide a draft of a guidance memorandum that clarifies school districts’ responsibilities under Section 504 to OCR for review and approval. The guidance memorandum is to include, but is not limited to, the following:
1. Section 504 is a Federal law that prohibits disability discrimination by recipients of Federal funding, including school districts. All elementary and secondary school students who are qualified individuals with disabilities, as defined by Section 504, and who need regular or special education and related aids and services are entitled to a free and appropriate public education (FAPE). Under Section 504, FAPE is the provision of regular or special education and related aids and services that are designed to meet the individual educational needs of students with disabilities as adequately as the needs of non-disabled students are met and are based on adherence to procedures governing educational setting, evaluation and placement, and procedural safeguards. Implementation of an IEP developed in accordance with the IDEA is one means of meeting the FAPE standard under Section 504.
2. Section 504 also requires, among other things, that a student with a disability receive an equal opportunity to participate in athletics and extracurricular activities, and to be free from bullying and harassment based on disability.
3. A list of major life activities as outlined in the Americans with Disabilities Amendments Act of 2008 (Amendments Act).
4. Under Section 504, a student with a disability is defined as a person who: (1) has a physical or mental impairment that substantially limits a major life activity; (2) has a record of such an impairment; or (3) is regarded as having such an impairment. The determination of whether a student has a physical or mental impairment that substantially limits a major life activity (and therefore has a disability) must be made on a case-by-case basis. The definition of disability should be interpreted to allow for broad coverage of students.
5. A school district must, at no cost to parents, evaluate students who are suspected of having a disability, or more than one disability, in all related or all specific areas of educational need to determine whether the student needs special education or related services as a result of the disability. In addition, the District must evaluate students suspected of having one or more disabilities even if the student exhibits behavioral (and not ac...
Guidance Memorandum. A. By November 9, 2018, the District will provide a draft to OCR for review and approval of a guidance memorandum that clarifies the District’s responsibilities to students with disabilities who report allegations of harassment based on disability or any other basis. The guidance memorandum is to include the following:
1. When a school knows or should know of harassment based on a student’s disability, it should take immediate and appropriate action to investigate or otherwise determine what occurred.
2. If a school’s investigation reveals that harassment based on disability created a hostile environment—i.e., the conduct was sufficiently serious to interfere with or limit a student’s ability to participate in or benefit from the services, activities, or opportunities offered by a school—the school must take prompt and effective steps reasonably calculated to end the harassment, eliminate the hostile environment, prevent it from recurring, and, as appropriate, remedy its effects.
3. The harassment on any basis of a student with a disability who is receiving a free appropriate public education (FAPE) can result in the denial of FAPE that must be remedied under Section 504.
4. Under Section 504, as part of a school’s appropriate response to harassment on any basis, the school should convene the IEP team or the Section 504 team to determine whether, as a result of the effects of the harassment, the student’s needs have changed such that the student is no longer receiving FAPE. The effects of harassment could include, for example, adverse changes in the student’s academic performance or behavior. If the school suspects the student’s needs have changed, the IEP team or the Section 504 team must determine the extent to which additional or different services are needed, ensure that any needed changes are made promptly, and safeguard against putting the onus on the student with the disability to avoid or handle the harassment.
Guidance Memorandum. A. By September 1, 2023, the District will create for OCR review and approval a memorandum for distribution to administrators and staff (classified and non-classified) that provides guidance and information about an individual’s right to use a service animal in District programs, activities, events, and facilities. The memorandum will address issues such as: the District’s obligations pursuant to the Title II service animal regulations; how the District’s general policy on animals relates to service animals; the topics addressed by Title II’s service animal regulations; and, application of the District’s obligations and Title II when the District agrees to permit third parties to use its facilities for their events and activities.
B. Within fifteen (15) days of OCR’s approval of the memorandum required by section (II)(A), the District will disseminate the memorandum in accordance with the requirements of section (II)(A). Dissemination may be done through electronic means (e-mail), placement in internal mailboxes/in boxes, mailing through the U.S. Postal Service, or any combination of these methods that is designed to reach the maximum number of recipients possible. The District will also send a copy of the memorandum to the administrative offices of XXXXXXXX X, the providers of the event that was the subject of this complaint, along with a letter, memo, note, or other item that informs XXXXXXXX X of the reasons the District is sending the memorandum.
Guidance Memorandum. A. The College will develop and distribute a written guidance memorandum or memoranda to all College employees and students that summarize the grievance procedure developed in Section I.A., the notice of nondiscrimination developed in Section I.B., and the Title IX Coordinator’s contact information.
