Learning Disabilities - Formal Grievance Procedure

{Name of Agency}

Grievance Procedure under

The Americans with Disabilities Act

The {Insert Name of Program} has adopted this grievance procedure for an individual to file a complaint that the program did not follow Title II of the Americans with Disabilities Act.  Title II of the ADA states in part that…no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits for, or be subjected to discrimination… in programs or activities sponsored by a public entity”. This procedure meets the requirements of the Americans with Disabilities Act of 1990 (“ADA”).

The {Insert name of Agency}’s Personnel Policy governs employment-related complaints of disability discrimination.

  • A complaint may be filed by you or someone you have asked to act on your behalf.
  • The complaint should be in writing and contain:
    • Your name, address, and phone number
    • The name and location of the program that you believe discriminated against you
    • A detailed description of what happened and when it happened
    • The reason for the violation of the ADA that is, you are a person with a disability.
  • Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint will be made available upon request.
  • April 1, 20140 calendar days after the alleged violation occurred to the person named below who has been designated to coordinate ADA compliance efforts:

    Name:___________________________________________
    Address:_________________________________________
    _________________________________________________
    Phone Number:____________________________________

  • Within 15 calendar days a complaint is received, {Insert Name Referenced Above} will meet with the complainant to discuss the complaint and the possible resolutions.
  • A data gathering process shall follow the filing of a complaint where all interested persons and/or their representatives, if any, have an opportunity to submit information relevant to the complaint.
  • Within 15 calendar days after the meeting, {Insert Name Referenced Above} will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape.  The response will explain the position of the {name of agency} and offer options to substantive resolution of the complaint.
  • This process shall be conducted by {Insert Name Referenced Above} or in (his/her) absence, any other person designated by the program or agency director.
  • If the response by {Insert Name Referenced Above} or {his/her} designeedoes not satisfactorily resolve the issue, the complainant may appeal the decision within 15 calendar days after receipt of the response to the {Insert Name of next appropriate high level official}.
  • The above process and time limits for handling a complaint, i.e. meet with the complainant to discuss the complaint and possible resolutions, information gathering and providing a written or appropriate alternative format response with a final resolution of the complaint shall occur at the next higher level of review.
  • The {Insert Name Referenced Above} shall maintain the files and records of {Insert Name of Program} all written complaints sent to the program and appeals to other offices.  These records will be retained for at least three years.
  • A program cannot treat you differently or retaliate against you for filing a complaint.  If you feel that the program is treating you differently or treating you badly because you have filed a complaint, report it to the U. S. Department of Education, Office of Civil Rights immediately.
  • Complaints to the U. S. Department of Education, Office of Civil Rights must be filed within 180 days of discrimination or within 60 days after the program/agency has provided communication to you regarding resolution of your complaint.

    U.S. Department of Education
    Office of Civil Rights
    400 Maryland Avenue, S. W.
    Washington, D.C.   20202-1100
    1-800-421-3481
    USDOE website
    E-mail: OCR@ed.gov

  • To file a formal complaint with the U. S. Department of Education, Office for Civil Rights (OCR) you should submit in writing the following information:
    • Your name, address, and phone number
    • The name and location of the program that you believe discriminated against you
    • A detailed description of what happened and when it happened
    • The reason for the violation of the ADA that is, you are a person with a disability.
  • Make sure enough detail is provided for the Office of Civil Rights to know what happened.