Post-Secondary Education: Self-Evaluation  & Transition Plans

Regulations:

34 C.F.R. § 104.6 - Remedial action, voluntary action, and self-evaluation

(a) Remedial action.

(1) If the Assistant Secretary finds that a recipient has discriminated against persons on the basis of handicap in violation of section 504 or this part, the recipient shall take such remedial action as the Assistant Secretary deems necessary to overcome the effects of the discrimination.

(2) Where a recipient is found to have discriminated against persons on the basis of handicap in violation of section 504 or this part and where another recipient exercises control over the recipient that has discriminated, the Assistant Secretary, where appropriate, may require either or both recipients to take remedial action.

(3) The Assistant Secretary may, where necessary to overcome the effects of discrimination in violation of section 504 or this part, require a recipient to take remedial action (i) with respect to handicapped persons who are no longer participants in the recipient's program or activity but who were participants in the program or activity when such discrimination occurred or (ii) with respect to handicapped persons who would have been participants in the program or activity had the discrimination not occurred.

(b) Voluntary action. A recipient may take steps, in addition to any action that is required by this part, to overcome the effects of conditions that resulted in limited participation in the recipient's program or activity by qualified handicapped persons.

(c) Self-evaluation.

(1) A recipient shall, within one year of the effective date of this part:(i) Evaluate, with the assistance of interested persons, including handicapped persons or organizations representing handicapped persons, its current policies and practices and the effects thereof that do not or may not meet the requirements of this part; (ii) Modify, after consultation with interested persons, including handicapped persons or organizations representing handicapped persons, any policies and practices that do not meet the requirements of this part; and (iii) Take, after consultation with interested persons, including handicapped persons or organizations representing handicapped persons, appropriate remedial steps to eliminate the effects of any discrimination that resulted from adherence to these policies and practices.

(2) A recipient that employs fifteen or more persons shall, for at least three years following completion of the evaluation required under paragraph (c)(1) of this section, maintain on file, make available for public inspection, and provide to the Assistant Secretary upon request: (i) A list of the interested persons consulted, (ii) A description of areas examined and any problems identified, and (iii) A description of any modifications made and of any remedial steps taken.

34 C.F.R. § 104.7 Designation of responsible employee and adoption of grievance procedures.

(a) Designation of responsible employee. A recipient that employs fifteen or more persons shall designate at least one person to coordinate its efforts to comply with this part.

(b) Adoption of grievance procedures. A recipient that employs fifteen or more persons shall adopt grievance procedures that incorporate appropriate due process standards and that provide for the prompt and equitable resolution of complaints alleging any action prohibited by this part. Such procedures need not be established with respect to complaints from applicants for employment or from applicants for admission to postsecondary educational institutions.

Case Law:

Guckenberger v. Boston University, 974 F.Supp. 106 (D.Mass. 1997).

  • University had offered no meaningful appellate review of a decision to reject a requested accommodation for students with learning disabilities. The students were informed in writing that they must ask the President of the University, who made the original determination, to reconsider his decision.
  • School had a grievance procedure that involved an independent compliance officer that is is the student handbook. Court rejected it because 1) the grievance procedure is for those that have physical disabilities 2) no students seeking reconsideration of a denial were advised to pursue the grievance procedure 3) court doubted the officer had the authority to reverse the president of the university 4) most officials were unaware of this 504 grievance procedure.
  • No private right of action to enforce 504 regulations guaranteeing due process.