St Johns County School District
Resolution Agreement
Complaint # 04-13-1269

The St Johns County School District (District) submits to the U.S. Department of Education, Office for Civil Rights (OCR), this Resolution Agreement (Agreement) to voluntarily resolve the above-referenced complaint and to ensure compliance with Section 504 of the Rehabilitation Act of 1973 (Section 504), 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 (Title II), 42 U.S.C. § 12131, and its implementing regulation at 28 C.F.R. Part 35.

The District will take the actions described below to ensure that the playground facilities offered at the Cunningham Creek Elementary School (School) are accessible to persons with mobility impairments.  All modifications necessary to provide such access will be made all modifications consistent with the applicable standards in the Americans with Disabilities Act Accessibility Guidelines (ADAAG) or any standards that provide equivalent or greater access.  The costs for all modifications necessary to provide such access in accordance with this agreement will be the responsibility of the District.  Accordingly, the District agrees to implement the actions described below:

Maintenance Plan

1. By January 10, 2014, the District will develop a written maintenance plan (Plan) for Playgrounds 1, 3, and 4 at the School.  The Plan will ensure that ground surfaces along accessible routes, clear floor or ground spaces, and maneuvering spaces within play areas will be stable, firm, and slip-resistant.  The Plan will delineate in detail the steps that will be taken to ensure that Playgrounds 1, 3 and 4 are regularly and frequently inspected and maintained to ensure continued compliance with the ADA standards for accessible design.

   REPORTING REQUIREMENT:  By January 24, 2014, the District will provide OCR with a copy of the Plan required above.  Once approved by OCR the District will begin implementing the Plan, and make the playground facilities at the School available for OCR to conduct an onsite inspection of the playground ground surfaces at the School to ensure that they meet the requirements noted above.

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 the Section 504 implementing regulation at 34 C.F.R. §§ 104.21-104.23; and the Title II implementing regulation at 28 C.F.R. §§ 35.149-35.151, which were at issue in this case.

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 regulation implementing Section 504 implementing regulation at 34 C.F.R. §§ 104.21-104.23; and the Title II implementing regulation at 28 C.F.R. §§ 35.149-35.151, which were 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.

This Resolution Agreement will become effective immediately upon signature of the District Superintendent or designee below.