Common use of Guidance Memorandum Clause in Contracts

Guidance Memorandum. A. By September 30, 2023, the District will create for OCR review and approval a memorandum for distribution to administrators and staff (classified and non-classified) that provides guidance and information about the requirement imposed on the District by both Section 504 and Title II to administer all of its services, programs, and activities for its students with disabilities in the most integrated setting appropriate to their needs and of their (administrators and staff) obligation to comply with this mandate. The memo will also explain that the most integrated setting is one that enables students with disabilities to interact with students without disabilities to the fullest extent possible and that the District is required to modify its policies, practices, and procedures to avoid discriminating on the basis of disability, unless such modifications would fundamentally alter the nature of a service, program, or activity. The memorandum will provide information on how to properly ensure that students with disabilities are being fully integrated into the District’s services, programs, and activities, including information about the individualized nature of the integration process and that integration determinations can only be made by individuals with sufficient knowledge of the student, the student’s disability, and the manifestations of the disability and that, at times, the determination may need to be made by the student’s Section 504 team or individualized education program (IEP) team. Likewise, the memorandum will also discuss the prohibition on basing an integration process and determination on stereotypes, assumptions, and speculation associated with students who have disabilities. The memorandum will also emphasize that failing to fully integrate a student with a disability with his or her peers who do not have disabilities results in the impermissible segregation of the student and is disability discrimination. Additionally, the memorandum will give examples of school situations in which the integration obligation applies and the steps that need to be taken to ensure that it has been followed, including the presentation by the Student’s grade that was the subject of this complaint (the memo may use fictitious references/names so as not to single out the specific event at the Student’s school or the Student’s school itself). The memorandum will also designate an individual within the District (and his or her contact information) who has sufficient education, knowledge, and/or experience about the integration mandate for administrators and staff to contact if they have any questions or need any further information about the integration mandate and the importance of following it. B. Within fifteen (15) days of OCR’s approval of the memorandum required by section I(A) of this Agreement1, the District will disseminate the memorandum in accordance with the requirements of the section. Dissemination may be done through electronic means (e-mail), placement in internal mailboxes/in boxes, mailing through the U.S. Postal Service, or any combination of these methods that is designed to reach the maximum number of recipients possible.

Guidance Memorandum. A. By September 30, 2023Within sixty (60) calendar days of the Board’s adoption of the revised Board Policy and Administrative Regulation, the District will create for OCR OCR’s review and approval approval, a memorandum for distribution to administrators and staff (classified and non-classified) that provides guidance and information about the requirement imposed on use of service animals. The memorandum will be distributed to all District employees. The memorandum will, at a minimum, include information related to: • The District’s revision of its service animal Board Policy and Administrative Regulations; • The nature of the revisions; • The ability of an individual with a disability to use a service animal without first making a request to use it; • The permissible inquiries that can be made of a service animal user and the prohibition against various additional requests, observation opportunities, and testing of the animal’s ability; • Considerations and issues that are improper when an individual with a disability is using a service animal; • the ability of a service animal user to access all areas of the District by both that any other individual is able to access; • The inapplicability of Individuals with Disabilities in Education Act (IDEA) or Section 504 to a student’s use of a service animal and the prohibition of limiting a student’s use of a service animal to the approval of the student’s IEP team or Section 504 team; • The only reasons/means that a service animal can be excluded from the District’s facilities, programs, or activities; • The prohibition against harassing users of service animals and the types of actions that may constitute prohibited harassment; • The District’s obligations under Section 504 and Title II to administer all when it receives a report of its services, programs, and activities for its students with disabilities in the most integrated setting appropriate to their needs and of their (administrators and staff) obligation to comply with this mandate. The memo will also explain that the most integrated setting is one that enables students with disabilities to interact with students without disabilities to the fullest extent possible and that the District is required to modify its policies, practices, and procedures to avoid discriminating on the basis of disability, unless such modifications would fundamentally alter the nature alleged harassment of a service, program, or activity. The memorandum will provide information on how to properly ensure that students with disabilities are being fully integrated into the District’s services, programs, and activities, including information about the individualized nature of the integration process and that integration determinations can only be made by individuals with sufficient knowledge of the student, student based upon the student’s disability, ; • The responsibilities of staff members and the manifestations administrators upon receipt of the disability and that, at times, the determination may need to be made by the student’s Section 504 team either an oral or individualized education program (IEP) team. Likewise, the memorandum will also discuss the prohibition on basing an integration process and determination on stereotypes, assumptions, and speculation associated with students who have disabilities. The memorandum will also emphasize that failing to fully integrate a student with a disability with his or her peers who do not have disabilities results in the impermissible segregation written complaint of the student and is disability discrimination. Additionally, the memorandum will give examples of school situations in which the integration obligation applies alleged harassment and the steps that need are required to be taken in order for it to ensure be properly received and formally investigated; and • The District’s internal policies that it has been followed, including are established to investigate and resolve complaints of disability harassment and will detail the presentation by the Student’s grade that was the subject steps through use of this complaint (the memo may use fictitious references/names so as not to single out the specific event at the Student’s school or the Student’s school itself). The memorandum will also designate an individual within the District (and his or her contact information) who has sufficient education, knowledge, and/or experience about the integration mandate for administrators and staff to contact if they have any questions or need any further information about the integration mandate and the importance of following itexample complaint. B. Within fifteen (15) business days of OCR’s approval of the memorandum required by section I(A) of this Agreement1the previous paragraph, the District will disseminate the memorandum in accordance with the requirements of the sectionparagraph (II)(A) above. Dissemination may be done through electronic means (e-mail), placement in internal mailboxesmail boxes/in boxes, mailing through the U.S. Postal Service, or any combination of these methods that is designed to reach the maximum number of recipients possible. C. In addition to disseminating a copy of the memorandum, the District will post the memorandum to its website on the educational services home page and at all District locations at which other similar District documents are posted in order to inform faculty, staff, students, parents, or the public of such information. The memorandum will remain posted at these locations for a minimum of one year of the date it was posted.