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ADA Complaint Procedures

Disability Discrimination/Retaliation and ADA Title II Complaint Procedure

  1. This complaint procedure provides for an immediate, thorough, and objective investigation of all complaints of discrimination or retaliation that relate to a student with a disability and that could allege a violation of Title II of the Americans with Disabilities Act (ADA) and/or a violation of the District’s policy on Prohibition Against Discrimination Based on Disability and Procedures for Disability Related Complaints (the Nondiscrimination Policy).1 This complaint procedure shall apply to any alleged conduct that could violate Title II of the ADA or its implementing regulations at 28 CFR part 35, which may include, but is not limited to:

 

  1. The exclusion of students from the District’s education program on the basis of their disability, including through informal removals and discipline;
  2. The District’s failure to provide reasonable modifications to students with disabilities in the application of discipline for behavior that either resulted from or was a manifestation of their disability; and
  3. The District’s utilization of methods of administration that have the effect of subjecting students with disabilities to discrimination, including through the unnecessary engagement of law enforcement or failure to implement student Individual Education Programs (IEPs) and Behavior Intervention Plans (BIPs).

 

  1. The complaint should be in writing and contain information about the alleged discrimination or retaliation. Specifically, it should include the name, address, phone number, and email address of complainant, as well as the date, location, and description of the problem or occurrence. A complaint may be submitted via the District’s online Disability Discrimination/Retaliation Complaint Form, in paper form, or by e-mail. VCS personnel who receive a complaint of discrimination verbally shall inform the complainant that the complaint must be submitted in writing to be considered under this procedure. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint will be made available for persons with disabilities upon request. The complaint should be submitted as soon as possible, preferably within 60 calendar days of the alleged discrimination and/or retaliation.

If a complaint is submitted in paper form or email, then it should be directed to:

Erin A. Harrigan, Esq.
ADA Compliance Officer
Phone: (386) 734-7190 Ext. 71362
adacompliance@volusia.k12.fl.us
DeLand Administrative Complex
200 N. Clara Ave.
DeLand, FL 32720

If any other District personnel receive a written complaint, the written complaint shall be immediately forwarded to the ADA Compliance Officer.

  1. Within 15 calendar days after receipt of the complaint by the ADA Compliance Officer, the ADA Compliance Officer will meet with the complainant to discuss the complaint and the possible resolutions.
  2. The ADA Compliance Officer shall meet with district personnel and review all appropriate records or materials necessary to complete the investigation.
  3. Within 15 calendar days of the meeting, the ADA Compliance Officer will respond in writing to the complainant, and where appropriate, in format that is accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the District’s position and offer options for substantive resolution of the complaint.
  4. If the response by the ADA Compliance Officer does not satisfactorily resolve the issue, the complainant may appeal the decision within 15 calendar days after receipt of the response to the Superintendent or designee.
  5. Within 15 calendar days after receipt of the appeal, the Superintendent or designee will meet with the complainant to discuss the complaint and possible resolutions.
  6. Within 15 calendar days after the meeting, the Superintendent or designee will respond in writing with the District’s final decision, and where appropriate, in a format that is accessible to the complainant, with a final resolution of the complaint.

This complaint procedure does not limit, restrict, or interfere with a student’s rights to pursue other relief, including through complaints with the United States Department of Justice, United States Department of Education, Office for Civil Rights, the Florida Department of Education, or the court systems.

Prohibition on Retaliation

Retaliation against a person who makes a report or files a complaint alleging unlawful discrimination, participates as a witness in any District investigation, opposes any act or practice made unlawful under the ADA or in violation of the Nondiscrimination Policy, or who makes a charge, testifies, assists, or participates in any manner in an investigation, proceeding, or hearing under the ADA or concerning the Nondiscrimination Policy is prohibited. The District will not coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment, on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of any right granted or protected by the ADA or the Nondiscrimination Policy.

Consequences for Violations of Title II of the ADA or the Nondiscrimination Policy

If the District finds that there has been a violation of Title II of the ADA or the Nondiscrimination Policy after the investigation, then it will impose appropriate sanctions and other remedies, ranging from counseling or disciplinary reprimand to employee termination or recommendation for expulsion if the violation is committed by a student. The District will follow the disciplinary procedures set forth in

1 The District expects to issue the Nondiscrimination Policy in early 2022.