Polk County Schools
Voluntary Resolution Agreement
Polk County Schools
OCR Complaint No. 11-13-1179
Polk County Schools (the District) agrees to fully implement this voluntary resolution agreement (Agreement) to resolve Complaint No. 11-13-1179, which was filed with the District of Columbia Office of the Office for Civil Rights (OCR). The complaint concerns alleged discrimination based on disability and retaliation and was filed under Section 504 of the Rehabilitation Act of 1973 (Section 504), and its implementing regulation, at 34 C.F.R. part 104, and Title II of the Americans with Disabilities Act of 1990 (Title II). By signing this Agreement, the Parties admit no wrongdoing and OCR has made no finding of any wrongdoing on the part of the District. When fully implemented, the District will be in full compliance with Section 504 and Title II and their implementing regulations as to the matters raised by the complaint.
Voluntary Actions and Reporting Requirements
- Tutorial reading Instruction. By December 3, 2013, appropriate District personnel will develop a plan to provide the Student two hours of tutorial Reading services. By December 5, 2013, the District will offer to provide the Parent/Student tutorial Reading services, to be provided before the first week in January 2014.
Reporting Requirement: Within 10 days of offering to provide the Student tutorial Reading services, the District will provide OCR documentation evidencing that the offer to provide such services was made, as well as the Complainant’s response to the offer. If the offer of tutorial reading instruction is accepted by the Complainant, then within 10 days after providing the reading services to the Student, the District will submit documentation evidencing that the services have been provided.
- Teacher Assistant or Other Person. The District will ensure that a Teacher Assistant (TA) or individual employed in a similar position will be available to the Student, until the end of the fall 2013 term, to assist the Student when she needs clarification of class/homework assignments or concerning modification of work.
Reporting Requirement: Polk County Schools fall term ends on January 17, 2014. By January 21, 2014, the District will provide OCR documentation to show that a TA/other staff person was available to the Student until the end of the fall 2013 term (Fall Term Ends January 17, 2014). The documentation will identify the individual by name, qualifications and indicate the days of the week and the amount of time during the week that the individual was available to the Student.
The District understands that by signing this Agreement, it agrees to provide data and other information in a timely manner in accordance with the reporting requirements of this agreement. Further, the District understand that during the monitoring of this agreement, if necessary, OCR may visit the District, interview staff and student, and request such additional reports or data as are necessary for OCR to determine whether the District has fulfilled the terms of this agreement and is in compliance with the regulation implementing Title VI, at 34 C.F.R. § 100.3, which was at issue in this case.
The District understands and acknowledges that OCR may initiate administrative enforcement or judicial proceedings to enforce the specific terms and obligations of this Agreement. Before initiating administrative enforcement (34 C.F.R. §§ 100.9, 100.10), or judicial proceedings to enforce this Agreement, OCR shall give the District written notice of the alleged breach and a minimum of sixty (60) calendar days to cure the alleged breach. The District understands that OCR will not close the monitoring of this Agreement until OCR determines that the recipient has fulfilled the terms of this agreement and is in compliance with the regulation (34 C.F.R. § 104.33(a) & (b), and 34 C.F.R. § 100.7(e)), incorporated by reference, which was at issue in this case.