OCR Resolves Disability Discrimination Complaint: Doniphan R-1 School District.pdf

- Complaint: The U.S. Department of Education's Office for Civil Rights (OCR) received a complaint on October 13, 2021, alleging disability-based discrimination by the Doniphan R-1 School District (District) in Doniphan, Missouri.

- Laws Applicable: The complaint falls under Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990, as the District receives federal financial assistance and is a public entity.

- Allegations: The complaint alleges that the District denied a student (the Student) a free appropriate public education by failing to implement his Section 504 plan and making significant changes in his placement without reevaluation.

- Factual Background:
- The Student has multiple disabilities and was receiving services under a Section 504 plan.
- The Complainant (the Student's mother) alleged that the District's failure to properly implement the Student's Section 504 plan led to behavior incidents, culminating in a 10-day out-of-school suspension and assignment to the Alternative School.
- An IEP meeting was held, and the Student was determined to qualify for special education services. The District decided to keep the Student in the Alternative School until Christmas break.
- The Complainant requested a manifestation review, but the Student was later suspended for the remainder of the school year following another incident.
- The District conducted a manifestation determination meeting, found the Student's behavior was a manifestation of his disability, and planned to develop a behavior plan and conduct a functional behavior assessment.

- Resolution: The District voluntarily submitted a Resolution Agreement to resolve the complaint.