Obion County Board of Education
June 24, 2013

Agenda Item: VII.G.

Consider/Approve Amendment to Board Policy #1.802 – Section 504 and ADA Grievance Procedures

Background Information:

In May 2011, Tennessee school systems were notified of a complaint with the United States Department of Education Office for Civil Rights - Atlanta filed against Tennessee school districts regarding Section 504. The complaint alleged that Tennessee LEAs failed to develop and disseminate a system of procedural safeguards, including provisions regarding Section 504 impartial due process hearings with respect to evaluation, eligibility, and placement of students. As part of the State’s Resolution Agreement with OCR – Atlanta, each participating LEA agreed to adopt either the department’s version or their own version of the due process procedures. In addition, each LEA is also required to post the due process procedures on its web site, if applicable, and/or student handbooks (See Memo dated May 4, 2012).

The Board complied with the resolution agreement and amended Board Policy #1.802 on October 1, 2012. Since then, OCR acknowledged an error in its guidance and has requested that the policy be updated to enable oral complaints and oral requests for hearings. TSBA’s proposed policy complies with the above-noted Agreement and includes oral complaints and oral requests for hearings and should be adopted in totality.


Staff Recommendation:

Due to the urgency of this matter, I recommend approval of the above-noted amendment to Board Policy #1.802 – Section 504 and ADA Grievance Procedures, on first and final reading.