St. Gertrude the Great School section-4-02.aspx

St. Gertrude the Great School > chapter-4-ADMISSION AND ATTENDANCE > section-4-02-Inclusion Process/STEP

Inclusion Process

Through the mission of the Archdiocese, Saint Gertrude the Great strives to serve children with varied learning needs. All educators in Archdiocesan schools follow “Directions for the Inclusion Process in Catholic Schools: Support Team Education Plan Process (STEP). Parents or guardians who feel that their student may need a minor adjustment to enable him/her to participate in the general education curriculum of the school should consult the student’s teacher and principal to determine how best to meet the student’s needs.

Parents/guardians must be informed that they may request a minor adjustment for students with a disability and of the appropriate procedure to address any complaints of disability discrimination.

Complaint and Review Process

Section 504 of the Rehabilitation Act of 1973 is a federal statute that prohibits discrimination on the basis of disability in school admission and educational programs. The purpose of this Complaint and Review Process is to provide a structure for bringing about resolution and reconciliation when disagreements arise between a school family and the school arising out of a student’s physical or mental impairment or disability.

Everyone involved in the Complaint and Review Process is to be free from restraint, coercion, discrimination, or retaliation in any form. The Complaint and Review Process should be followed when issues arise at the school relating to a child’s disability, and the parties have been unable to reach a resolution with the child’s teachers or other members of the school staff.

The definition of a disability under Section 504 is a mental or physical impairment that substantially limits a major life activity. Major life activities include breathing, speaking, walking, eating, working, learning, etc. Under Section 504, the standard for a covered private school to provide services to a student with a disability differs from that of a public institution. A public school must provide a student with a disability with “reasonable accommodations” to assist him/her in accessing the education provided in a general education classroom. In contrast, Section 504 only requires certain private schools to make “minor adjustments”—a different and lesser standard than “reasonable accommodations”—to their programs for students with disabilities.

The minor adjustments provided by the school must be documented in order to comply with the requirements of Section 504. In the public school, this documentation is called a Section 504 Plan. A Section 504 Plan applies only to the school that creates the document. It is not transferable and is not applicable to a private school. So, if parents/guardians have a Section 504 Plan that was written for their child by a public school or any other school, that plan is not valid at your school. The minor adjustments provided by the school are documented in the STEP process and in the STEP and are compliant with Section 504.

In the event of a disagreement arising out of a child’s physical or mental impairment or disability, the school shall adhere to the process that follows.

Complaint
If parents/guardians disagree with the STEP team's decision regarding a minor adjustment for a student with a disability, or believes the school has otherwise discriminated against their child with a disability, the parents/guardians may file a complaint and appeal the team's decision. The principal will provide the parents/guardians with a copy of the archdiocesan pamphlet STEP Form 6 - Procedural Safeguards for Students with Disabilities and Their Parents or Guardians and a copy of STEP Form 12 - Disability Discrimination Complaint.

5-18-21

Initial Review
The parents/guardians must submit the STEP Form 12 - Disability Discrimination Complaint to the school principal and send a copy to the archdiocesan compliance officer at the Department of Catholic Schools within fifteen (15) calendar days following the creation of the STEP or of the event that is the subject of the complaint.

Archdiocesan Compliance Officer
Department of Catholic Schools
3424 Wilshire Boulevard
Los Angeles, CA 90010

Investigation

The principal will conduct an investigation as promptly as possible. The principal will advise the parents/guardians in writing of the outcome of the investigation and his or her decision within 20 calendar days of the submission of the parent/guardian written complaint.

5-18-21

Initial Decision
As part of the principal's investigation, the principal, with the assistance of the STEP team and the assistant superintendent from the Department of Catholic Schools, shall make a determination whether the student has a physical or mental impairment that substantially limits a major life activity. This determination shall be based upon all information available, including but not limited to medical reports and records, educational records, findings of a public school, and any other documentation pertaining to the student's condition. If the student does not have a physical or mental impairment that substantially limits a major life activity, then the student is not considered "disabled" and does not meet the minor adjustment criteria under Section 504 and is not entitled to Section 504 relief the parents/guardians seek. The principal should use STEP Form 13 - Disability Discrimination Complaint Minor Adjustment Evaluation to document the review process and the decision reached. The written decision must be given to the parents/guardians within 20 calendar days of receipt of the initial complaint.

Although the student may not have a legally recognized disability, the principal may wish to consult with the STEP team to determine what strategies, if any, are available to respond to the student's needs.

5-18-21

Request to Review Decision

If the parents/guardians disagree with the decision of the principal, the parents/guardians may submit a STEP Form 14 - Request for Review of the Decision within ten (10) calendar days of the principal's written decision. The request must be sent to the assistant superintendent at the Department of Catholic Schools assigned to the school.

Archdiocesan Compliance Officer
Department of Catholic Schools
3424 Wilshire Boulevard
Los Angeles, CA 90010

5-18-21

Review Process

The assistant superintendent will set the date, time, and location for the review and, with the assistance of the archdiocesan compliance officer, will facilitate the review process of the complaint. The review may be conducted by a single person or by a representative committee, including the archdiocesan compliance officer, as the case warrants. All persons involved in the complaint may select someone to help in preparations for the review, to attend the hearing, and to provide support during the process. No attorneys are allowed to appear at or participate in the hearing. The hearing will be set within 10 to 15 days after receipt of the parent/guardian request for review, giving consideration to the schedules of all persons involved.

Review Hearing

At the Review Hearing:

the reviewers shall determine the order and process of the proceedings. In their discretion, they may meet with all parties together or they may choose to meet with the parties and witnesses, if any, separately;
the parents/guardians will explain the complaint, present relevant documentation, and answer questions the reviewers may have;
the reviewers will hear from representatives for the school, giving them an opportunity to respond to the facts and issues and present relevant facts and documentation;
if any witnesses or experts are present, the reviewers will provide them the opportunity to present their information and insights;
the reviewers will encourage the parties to resolve the issues;
if the matter is resolved, the reviewers will document the terms of the parties' resolution.

If the complaint cannot be resolved at the review hearing, the reviewers will prepare a final, binding decision, which will be communicated to all parties in writing, by the Compliance Officer within ten (10) calendar days of the hearing.

Records of the Review Hearing are filed in the STEP file.

5-25-21

Complaint to USDA

Participation in this Complaint and Review Process does not prevent parents/guardians from making a complaint to an applicable government agency.

For complaints about disability discrimination, parents/guardians can contact:

United States Department of Agriculture (USDA)
Office of Assistant Secretary for Civil Rights
Discrimination Complaint Filing

Addresses of government offices can be found online or in the front of the telephone book.

Please note: The Complaint and Review procedures may change at any time due to amendments in the federal and state laws and regulations.

5-25-21

Topics

Resources