AMERICANS WITH DISABILITIES ACT (ADA) GRIEVANCE PROCEDURE 2504
1. AUTHORITY AND PURPOSE
1.1. The Sevier School District, pursuant to the laws and regulations cited below, defines and publishes these complaint procedures that incorporate due process standards and that provide for the prompt and equitable resolution of complaints filed in accordance with any of the following:
1.1.1 Title VI of the Civil Rights Act of 1964, P.L. 88.352.42 U.S.C.A. Section 2000d-1 et. seq. (Title VI), and its implementing regulation, Title 45 Code of Federal Regulations (CFR) Part 80, Section 8, 4 (b) (2)
1.1.2 Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112, Pub. L. 93-516, Pub. L. 95-602, and Pub. L. 102-569, 29 U.S.C. 704 et seq., and its implementing regulation, Title 45, CFR Par 84 Section 84.7 (b);
1.1.3 Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. 12131-12134 and its implementing regulation, Title 28 CFR Part 35, Section 35.107.
1.2 "Title VI prohibits discrimination on the grounds of race, color, religion or national origin; Section 504 prohibits discrimination on the basis of handicap; and the ADA prohibits discrimination on the basis of disability."
1.3 The Americans with Disabilities Act mandates that no qualified individual with a disability, as defined by the ADA, by reason of such disability, shall be excluded from participation in or be denied the benefits of the services, programs or activities of this school district, or be subjected to discrimination by the school district including discrimination in employment matters.
2. DEFINITIONS
2.1 The Civil Rights "Coordinator" (ADA, Section 504, Title VI) for the Sevier School District is the designated ADA coordinator. The coordinator has responsibility for investigating and providing prompt and equitable resolution or complaints filed by persons alleging discrimination in the receipt of services due to disabilities, race, or national origin.
2.2 The "Sevier School District ADA Coordinating Committee" means that committee designated by the superintendent and will include:
2.2.1. The District Director of Instructional Services
2.2.2 The District Director of Business and Support Services
2.2.3 The District Accountant
2.2.4 The District Supervisor of Maintenance and Buildings
2.2.5 The District Human Resource Manager
2.2.6 The District's Legal Consultant
2.3 "Disability" means with respect to an individual with a disability, a physical or mental impairment that substantially limits one or more of the major life activities of such an individual; a record of such an impairment; or being regarded as having such an impairment. Impairment is defined in 29 CFR 1630.2.
2.4 "Individual with a Disability" under Section 504 means any individual who:
2.4.1 has a physical or mental impairment which substantially limits one or more major life activities
2.4.2 has a record of such an impairment, or
2.4.3 is regarded as having such an impairment (USC 29 791 Sec.706).
2.5 "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
2.6 "Individual with a disability" (Section 504) and "Qualified individual with a disability" (ADA) means:
2.6.1 With respect to other services and activities, an individual with a disability who with or without reasonable modification to rules, policies or practices, the removal of architectural, communication or transportation barriers, or the provision of auxiliary aid and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.
2.7 "Qualified Individual with a disability" (hereafter individual) means a person who has a disability which limits one of his or her major life activities and who meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the Sevier School District or who would otherwise be an individual with a disability who satisfies the requisite skill, experience, education and job-related requirements of the employment position. (For more extensive definitions and exclusions see 28 CFR 35.104)
3. FILING OF COMPLAINTS
3.1. An individual shall file the complaint in a timely manner to assure prompt, effective assessment and consideration of the facts, but no later than 180 days from the date of the alleged act of discrimination.
3.2 The complaint may be filed with any school in the district or directly with the district ADA Coordinator. Complaints filed at individual schools and not resolved within five (5) working days are to be forwarded to the district ADA Coordinator. The complaint shall be in writing. (If the grievant presents the complaint in another accessible format, the ADA Coordinator will assist in having the document prepared in written form). The document shall be delivered or mailed to:
Sevier School District ADA Coordinator
180 E 600 N
Richfield, Utah 84701
3.3. Each complaint shall:
3.3.1 Include the individual's name and address
3.3.2 Include the nature and extent of the individual's disability
3.3.3 Describe the school's (district's) alleged discrimination action in sufficient detail to inform the district of the nature and date of the alleged violation
3.3.4 Describe the action and accommodation desired and
3.3.5 Be signed by the individual or by his/her legal representative
3.4 Complaints filed on behalf of classes or third parties shall describe or identify by name, if possible, the alleged victims of discrimination.
3.5 With or without exhausting Sevier School District procedures, delivery of services with:
The Utah Anti-discrimination Division
160 East 300 South
Salt Lake City, Utah 84111
Phone: 801-530-6887
or
The Equal Employment Opportunity Commission
4520 North Central Ave. Suite 300
Phoenix, Arizona 85012-1848
Phone: 602-640-5000
or
Department of Education
Office for Civil Rights
330 C Street N.W.
Suite 5000
Washington, D.C. 20202
or
U.S. Department of Justice, Civil Rights Division
Coordination and Review Section
P.O. Box 66118
Washington, D.C. 20035-6118
4. INVESTIGATION OF COMPLAINT
4.1 The ADA Coordinator shall conduct an investigation of each complaint received. The designated school Human Resource Coordinator shall assume lead responsibility in conducting investigations for complaints from employees alleging discrimination under Title I of the ADA. The findings of said investigation will be submitted to the ADA Coordinator to issue a decision. The ADA coordinator shall assume lead responsibility in conducting all other civil rights investigations under the sections of the Acts referenced in the purpose of this document. Investigations will be conducted to the extent necessary to assure all relevant facts are determined and documented.
4.2 When conducting the investigation, the ADA Coordinator may seek assistance from other district officers and district legal counsel in determining what action, if any, shall be taken on the complaint. The ADA Coordinator shall consult with the school district ADA Coordinating Committee before making any decision that would involve:
4.2.1 an expenditure of funds.
4.2.2 a facility modification.
4.2.3 reclassification or reallocation in grade.
5. ISSUANCE OF DECISION
5.1 Within 15 working days after receiving the complaint, the ADA Coordinator shall issue a written decision (and other suitable format as requested). The ADA Coordinator shall provide the basis for his/her decision including a finding of facts. The decision shall state what action, if any, shall be taken on the complaint.
5.2 If the ADA Coordinator is unable to reach a decision within the 15 working day period, written notice (or other requested format) will be provided to the complainant explaining the delay and the amount of additional time needed.
6. APPEALS
6.1. The individual may appeal the decision of the ADA Coordinator by filing an appeal within five working days from the receipt of the decision.
6.2 The appeal shall be filed in writing with the Superintendent of Sevier School District.
6.3 The filing of an appeal shall be considered as authorization by the individual to allow review of all information, including information classified as private or controlled, by the Superintendent.
6.4 The appeal shall describe in sufficient detail why the ADA Coordinator's decision is in error, is incomplete or ambiguous, is not supported by the evidence, or is otherwise improper.
6.5 The Superintendent shall review the factual findings of the investigation and the individual's statement regarding the inappropriateness of the ADA Coordinator's decision and arrive at an independent conclusion and recommendation. Additional investigations may be conducted, if necessary, to clarify questions of fact before making any decision.
6.6 The decision shall be issued within 15 working days after receiving the appeal and shall be in writing (or other accessible format as requested).
6.7 If the Superintendent is unable to reach a decision with the 15 day working period he/she shall notify the individual in writing (or other requested format) why the decision is being delayed and the additional amount of time needed to reach a decision.
7. CLASSIFICATION OF RECORDSThe record of each complaint and appeal and all written records produced or received as part of such actions, shall be classified as protected and defined under Section 63-2-304 until the ADA Coordinator, Superintendent or their designee, issues the decision at which time any portions of the record which may pertain to the individual's medical condition(s) shall remain classified as private as defined under Section 63-2-301 or controlled as defined in Section 63-2-303. All other information gathered as part of the complaint record shall be classified as private information. Only the written decision of the ADA Coordinator or Superintendent shall be classified as public information.
8. RELATIONSHIP TO OTHER LAWSThis policy does not prohibit to limit the use of remedies available to individuals under the State Anti-discrimination Complaint Procedures Section (67-19-32), the Federal ADA Complaint Procedures (28 CFR Sub part F, beginning with Part 35.170, 1992 edition), the Federal Rehabilitation Act Procedures (29 U.S.C. Section 794) or any other Utah State or Federal law that provides equal or greater protection for the rights of individuals with disabilities.
Approved 11/10/94
Revised 09/10/02