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Section 504/Title II

Training - Bullying

2023-24

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Objectives

Awareness of the District’s prohibition of discrimination based on protected classes including disability, and retaliation.
Confirm awareness of the District’s policies and procedures concerning Section 504 and Title II.
To have a familiarity with what FAPE is and how it applies to statute and District policy.
Awareness that bullying of a qualified student with a disability can result in the denial of FAPE, and the District’s ongoing obligation to ensure that FAPE services continue.
How to file an internal and external complaint of discrimination.

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What is Section 504 and Title II?

Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act are laws that prohibit school districts from discriminating against individuals with disabilities.

The laws require school districts to make their programs and activities, including non-academic and extracurricular programs and activities, accessible to all individuals with disabilities and to provide students who have disabilities with a free appropriate public education (FAPE).

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What is a Disability Under 504 and Title II?

Person with a disability means a person with a physical or mental impairment that substantially limits a major life activity; has a record of such an impairment; or is regarded as having such an impairment.

Examples of major life activities are but are not limited to: walking, running, bending, twisting, climbing, grasping, seeing, hearing, thinking, breathing, talking, emotional capacity, mental capacity, etc.

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The IDEA

The Individuals with Disabilities Education Act (IDEA) is a federal law that makes available a free appropriate public education to eligible children with disabilities by providing them with special education and related services.

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What is FAPE?

Under both Section 504 and the IDEA, students with disabilities are entitled to a “free appropriate public education” (FAPE). FAPE means that:

Students with disabilities are entitled to access to public education as students without disabilities get.
When needed, students with disabilities will receive special education and/or related aids and services to allow them to access the general curriculum.
The educational services must be designed to meet the individual educational needs of the student as determined through appropriate evaluation and placement procedures.
Students with disabilities must be educated with students who are without disabilities to the maximum extent appropriate.

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District Obligations Regarding Bullying

When a school knows or reasonably should know of bullying based on a student’s disability, it must take immediate and appropriate action to investigate.

If a school finds that bullying based on disability created a hostile environment, i.e., sufficiently serious to interfere with or limit a student’s ability to participate in or benefit from the services, activities, or opportunities offered by a school, the school must take prompt and effective steps reasonably calculated to end the bullying, eliminate the hostile environment, prevent it from recurring, and as appropriate, remedy its effects.

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Deliberate Indifference

The District can be subject to liability (including money damages) if is “deliberately indifferent” when it knows or has reason to know that disability-based harassment has occurred and it fails to respond. This would be the case if:

A student is bullied based on a disability;
The conduct is sufficiently serious to create a hostile environment;
The school personnel knew or should have known about the conduct; and
The school does not respond appropriately.

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Obligations

Even if the school finds that the bullying did not create a hostile environment, the school still has an obligation to address any possible FAPE concerns.

If there is a determination that a student with a disability has been bullied, the school should convene the IEP and/or Section 504 team to determine whether the student’s access to FAPE has been affected and if so, the extent to which additional or different services are necessary to address the student’s needs.

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Responsibilities

The District must provide a prompt and equitable response to complaints received pursuant to the District’s internal grievance procedures.

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Reporting

Anytime you become aware of bullying you are required to report it. Every Douglas County School District Employee is considered a “Responsible Employee” who has the duty to report incidents of bullying by students or employees to the Director of EEEO or Compliance Investigator, and appropriate school designee.

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Retaliation

Section 504 also prohibits retaliation against a person for:

Reporting a complaint of discrimination.
Filing a complaint of discrimination.
Participating in the investigation or adjudication of such a complaint.

Retaliation is any action by a person that is likely to dissuade a reasonable person from exercising their rights under this policy, or which has a chilling effect upon the willingness of individuals to participate in the District’s administrative process or other antidiscrimination proceeding.

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For Further Information on FAPE and District Requirements for Addressing the Needs of Students with Disabilities

Sarah Cannon

504 Compliance Officer

Special Education Department

Douglas County School District

(720) 281-8020

scannon@dcsdk12.org

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How to Report a Complaint of Bullying or Other Discrimination

Emily Sloan - Compliance Investigator

Office (720) 433-1072
Cell (720) 520-5871
esloan@dcsdk12.org

Aaron Henderson - Compliance Officer

Office (720) 433-1083
Cell (303) 726-2811
ahenderson1@dcsdk12.org

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Test

True/False

Section 504 of the Rehabilitation Act of 1973 is a civil rights statute that protects persons with disabilities from discrimination.

Under Section 504, school districts are required to make their programs and activities, including non-academic and extracurricular programs and activities, accessible to all individuals with disabilities and to provide students who have disabilities a free appropriate public education (FAPE).

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Test

True/False

3. When a school knows or reasonably should know of bullying based on a student’s disability, it must take immediate and appropriate action to investigate and determine what occurred.

4. Anytime you become aware of bullying you are required to report it. Every Douglas County School District Employee is considered a “Responsible Employee.”

5. The District’s response to bullying of a qualified student with a disability should initiate an IEP and/or Section 504 team to determine the student’s specific ongoing needs including FAPE.

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TEST

6. What does FAPE ensure?

Students with disabilities are entitled to the same access to public education as students without disabilities.
When needed, students with disabilities will receive special education and/or related aids.
The educational services must be designed to meet the individual educational needs of the student as determined through appropriate evaluation and placement procedures.
Students with disabilities must be educated with students who are without disabilities to the maximum extent appropriate.
All of the above.
None of the above.

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TEST

7. Deliberate Indifference is When:

A student is bullied based on a disability.
The conduct is sufficiently serious to create a hostile environment.
The school personnel knew or should have known about the conduct and does not respond appropriately.
All of the above.
None of the above.

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TEST

8. Retaliation is taking action against someone for:

Reporting a complaint of discrimination.
Filing a complaint of discrimination.
Participating in the investigation or adjudication of such a complaint.
All of the above.
None of the above.