DREDF Complaint Against Berkeley Unified School District Results in Necessary Reforms, Improvements for Students with Disabilities
In August 2015, the Disability Rights Education and Defense Fund (DREDF) submitted a disability civil rights complaint with the U.S. Department of Education’s Office of Civil Rights (OCR) detailing various ways in which the Berkeley Unified School District (BUSD) failed to implement critical rights of students under Section 504 of the Rehabilitation Act of 1973 (Section 504). For decades, BUSD has maintained unlawful Section 504 policies and practices, thereby failing to provide many of Berkeley’s most vulnerable and underserved students a free and appropriate education (FAPE) under the law.
OCR findings—many in agreement with DREDF—were issued in November 2018. After a three-year investigation, BUSD voluntarily agreed to reform its policies and procedures to timely identify and appropriately serve students who qualify for special education and/or related aids or services under Section 504.
Specifically, the Voluntary Resolution Agreement terms include close OCR oversight and monitoring of commitments by BUSD to:
- Correct their Section 504 policies and procedures to comply with the law regarding definition of disability, referrals and processes for appropriate evaluations, notice of procedural safeguards to parents/guardians, placement decision-making, and full consideration of all appropriate services and aids to meet the unique needs of the student with a disability under Section 504
- Post revised Section 504 Board Policy and Administrative Regulation on the BUSD website
- Provide a guidance memorandum to all school site administrators and staff summarizing changes to Section 504 policies and procedures
- Train school site administrators and counselors about Section 504
- Track requests for Section 504 services, including when a request is made and when and how BUSD responds, and whether notice of procedural safeguards has been provided
- Provide guidance to staff on serving high school students in the Independent Study Program
- Ensure that high school testing facilities meet College Board guidelines for room conditions
“OCR’s decision is an important leap forward in reversing a number of harmful policies, practices and procedures,” reminded Larisa Cummings, Staff Attorney for the Disability Rights Education and Defense Fund. “Failure to provide necessary special education, aids, and services is all too common and widely known to result in serious social, emotional, and educational harm to students with disabilities. Instead of preventable toll on families, we are heartened that the district has agreed to follow the federal mandate to meet the needs of students with disabilities as guaranteed by Section 504. This agreement, long overdue, can finally begin to set things right.”
For stakeholders including students, parents, and advocacy groups, OCR’s action is a clear sign of progress affirming that “all children, including children with disabilities, should have the opportunity to learn in a safe and nurturing environment,” as the California School Boards Association Governing Board asserted in January 2017.