Resolution Agreement.pdf

The US Department of Education's Office for Civil Rights (OCR) has entered into a Resolution Agreement with the Truth or Consequences School District to resolve a complaint filed under Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990. The agreement requires the District to:

1. Revise its Section 504 Accommodation Plan Form to ensure it is consistent with regulatory requirements, specifically removing language that implies a student's impairment must impact their education level to be eligible for services.
2. Conduct a self-audit of its Section 504 eligibility policies, procedures, and practices to ensure compliance with 34 C.F.R. § 104 and revise as necessary.
3. Provide staff training on Section 504/Title II, including procedural requirements, evaluation procedures, and the definition of "disability" under Section 504.

The District must submit revised forms, self-audit results, and training materials to OCR for review and approval, and provide documentation of dissemination to staff and publication on the District's website. The agreement requires the District to:

Submit revised Section 504 Accommodation Plan Form by October 24, 2022
Conduct self-audit and submit results by November 1, 2022
Provide staff training by December 15, 2022
Submit training materials, attendee lists, and confirmation of training completion to OCR within 30 days of approval.

The District's decision to enter into this agreement is not an admission of liability or wrongdoing. OCR may visit the District to monitor compliance with the agreement.