About ED OFFICES


Skip Office Navigation
OCR: Office for Civil Rights
   Current Section
Resolution Agreement
Fairview Park City School District

Resolution Agreement
Fairview Park City School District
Complaint #15-13-1379

The Fairview Park City School District (the District) submits this Resolution Agreement (Agreement) to the U.S. Department of Education’s Office for Civil Rights (OCR), for the purpose of resolving the above-referenced complaint and ensuring compliance with Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and its implementing regulation at 34 C.F.R. Part 104, and Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12131 et seq., and its implementing regulation at 28 C.F.R. Part 35, as amended by the ADA Amendments Act of 2008.  The submission and execution of this Resolution Agreement does not constitute an admission by the District of any violation of Section 504 or Title II and/or its implementing regulations.  Accordingly, the District agrees to take the following actions:

  1.   By March 1, 2014, the District will either sever all ties with the Fairview Park Music Association (the Association) or will notify the Association of its obligation to respond to requests for disability accommodations in a manner that is consistent with the District’s policies regarding disability accommodations and that complies with the regulations implementing Section 504 and Title II.  The District will send a letter to the Association notifying the Association that it cannot, on the basis of disability, exclude qualified individuals with disabilities from participation in, deny them the benefits of, or otherwise discriminate on the basis of disability in its services, programs, or activities; must provide its services and activities in a manner affording individuals with disabilities an equal opportunity to participate; and must make reasonable modifications in its practices or procedures when the modifications are necessary to avoid discrimination on the basis of disability unless to do so would fundamentally alter the nature of the service, program, or activity.  The District will also notify the Association that it cannot place a surcharge on individuals with disabilities to cover the costs of measures, such as the provision of auxiliary aids and services that are required to provide the individuals with nondiscriminatory treatment, and advise the Association that it must notify its participants and beneficiaries, such as students and parents/guardians, through its publicity materials and its website, that anyone who wishes to request accommodations for a disability or who has a complaint about disability-related discrimination by the Association should notify the liaison designated in paragraph 2 below.

  2.   If the District chooses not to sever ties with the Association, the District will, by March 1, 2014, appoint a District employee knowledgeable about Section 504 and Title II to serve as a liaison to the Association to advise on all requests for accommodations the Association receives from students or other qualified parties seeking to participate in Association activities.  The liaison will ensure that the requirements of paragraph 1 of this agreement are met and that the Association has appropriately responded to requests for disability related accommodations and complaints in the manner described in paragraph 1 to ensure that the Association has not discriminated on the basis of disability.

    Reporting Requirements

    By June 1, 2014 and June 1, 2015, the District will submit documentation to OCR to verify that paragraph 1 and paragraph 2 of this Agreement have been implemented, including documentation concerning the District’s severing of all ties with the Association or documentation that includes a copy of the letter referred to in paragraph 1, the name and title of the District liaison to the Association, and the steps the liaison has taken to ensure that the Association has not discriminated on the basis of disability.

  3. If the District chooses not to sever ties to the Association, the District will, by June 1, 2014:

    1. ensure that Association officers are provided with training, by a person knowledgeable about Section 504 and Title II, on the requirements of those laws and their implementing regulations as they pertain to nondiscrimination and the provision of accommodations, as well as District policies regarding the provision of accommodations; and

    2. review Association notices as described in paragraph 1 of this Agreement to ensure that the Association has notified its participants and beneficiaries, such as students and parents/guardians, through its published rules and regulations, its publicity materials, and its website, that anyone who wishes to request accommodations for a disability or who has a complaint about disability-related discrimination by the Association should notify the liaison designated in paragraph 2 above.

    Reporting Requirements
    By June 2, 2014, the District will submit to OCR documentation to verify that the District has implemented paragraph 3, including a description of the training conducted, the date(s) held, attendance sign-on sheets, the name and qualifications of the individual(s) who conducted the training sessions, and copies of the training outlines and any handouts, as well as samples of materials containing the notice required in paragraph 3(b).

General Requirements

The District understands that OCR will not close the monitoring of this Agreement until OCR determines that the District has fulfilled the terms of this Agreement and is in compliance with the regulations implementing Section 504 at 34 C.F.R. Subpart D and 28 C.F.R. § 35.130, which were at issue in this case.

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 understands that during the monitoring of this Agreement, if necessary, OCR may visit the District, interview staff and students, 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 Section 504 and its implementing regulation at 34 C.F.R. Subpart D and Title II and its implementing regulation at 28 C.F.R. § 35.130.

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.

 

/s/ Brion Deitsch
Superintendent

February 13, 2014 
Date


 
Print this page Printable view Bookmark  and Share
Last Modified: 04/21/2014