Alabama State Department of Education (AL): In September 2016, OCR resolved a complaint alleging that the Department denied the complainant’s daughter a reader accommodation for the ACT Aspire examination because her reading level was not at least two grade levels below the fifth grade level. OCR determined that the Department’s policy created a bright-line rule that eliminates the individualized assessment by the student’s Section 504 team or IEP team as to whether a student with a disability requires the reader accommodation for the ACT Aspire exam. By eviscerating the student’s Section 504/IEP team’s responsibility to make the accommodation decision on an individualized basis, OCR determined that the policy failed to comply with Section 504 and Title II. The Department entered into a resolution agreement in which it agreed to revise its ACT Aspire reader accommodation policy to comply with the requirements of Section 504 and Title II as it relates to individualized educational decisions, and to implement, publish, and notify all necessary parties of the revised policy once it has been approved by OCR.
Read the Resolution Letter PDF (204.51K) | Read the Resolution Agreement PDF (233.24K)