RESOLUTION AGREEMENT Paul Public Charter School OCR Case No. 11 12 1444 Paul PCS (the School) agrees to fully implement this (Agreement) to resolve OCR Complaint No. 11 12 1444. GENERAL PROVISIONS 1. This Agreement does not constitute an admission by the School of a violation of Section 504 of the Rehabilitation Act of 1973 (Section 504), Title II of the Americans with Disabilities Act of 1990, Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, or Title IX of the Education Amendments of 1972. 2. Full implementation of this Agreement by the School resolves the allegations in OCR Complaint No. 11 12 1444. DEFINITIONS 3. Adequate diabetes care the care of students with diabetes by Diabetes Care Providers. 4. Assistant diabetes care provider training training authorized by the School that provides instruction in: recognizing the symptoms which indicate that there is a need for care for a student with diabetes; proper methods for referring students who require adequate diabetes care to a diabetes care provider; recommended schedules and menus for meals and snacks; and recommended frequency of and activities during exercise periods. 5. Assistant Diabetes Care Provider an individual who has successfully completed assistant diabetes care provider training. 6. Diabetes care provider training training in caring for individuals with diabetes that is developed by a pediatric diabetes center and includes instruction in: administering (without assistance) glucagon and insulin (via syringe, insulin pen, and insulin pump) and recording results; operating an insulin pump; operating a continuous glucose monitor (CGM); recognizing symptoms of hypoglycemia and hyperglycemia; knowing when glucagon or insulin should be administered to prevent adverse consequences; performing fingerstick blood glucose testing and monitoring and recording the results of that testing and monitoring; and taking the appropriate steps when glucose level results are outside of the target ranges indicated in the student s Individualized Health Plan.
Page 2 of 6 OCR Complaint No. 11 12 1444 7. Diabetes Care Provider an individual who has successfully completed diabetes care provider training. 8. Individualized Health Plan (IHP) a medical plan that details the specific diabetes care needs of and diabetes related aids and services to be provided to a student with diabetes, e.g., insulin dosages. 9. Regular school hours all school hours during which scheduled academic classes take place. 10. Section 504 Plan a plan developed under Section 504 that identifies the needs of and services to be provided to a student with diabetes. SUBSTANTIVE PROVISIONS 11. Effective immediately, the School: a. Will provide adequate diabetes care (see definition, above) to students with diabetes consistent with this Agreement or, under emergency circumstances requiring more than the administration of glucagon or insulin, call 911 (however, the School may send a student with diabetes home to receive diabetes related care when requested to do so by the parents or guardians of such a student if a Diabetes Care Provider or Assistant Diabetes Care Provider has determined that emergency circumstances are not present); and b. If requested to do so by the parent or guardian of a student with diabetes, maintain a location in the School to provide privacy during the diabetes related care and testing of that student. 12. By December 14, 2012, and continuously thereafter, the School will: a. Complete diabetes care provider training for sufficient numbers of staff to comply with this Agreement; b. Designate at least two full time Diabetes Care Providers (one to be on duty and one to serve as a back up) on staff to provide students with diabetes with adequate diabetes care; c. Designate additional Diabetes Care Providers as needed to provide students with diabetes with adequate diabetes care; d. Complete assistant diabetes care provider training for all School staff (except Diabetes Care Providers) who are or may be responsible for the immediate custodial supervision or care of students with diabetes; e. Ensure the presence of at least one Diabetes Care Provider during all regular school hours that a student with diabetes is on the premises; f. Ensure the presence of at least one Diabetes Care Provider during each school sponsored field trip in which a student with diabetes participates;
Page 3 of 6 OCR Complaint No. 11 12 1444 g. Ensure that a Diabetes Care Provider attends each school sponsored extracurricular activity or program and each extracurricular activity or program that receives significant assistance from the School in which a student with diabetes is a direct participant (but not when that student is solely an observer or an audience member); h. Ensure that all immediate custodial supervision or care of each student with diabetes is provided by an Assistant Diabetes Care Provider or a Diabetes Care Provider; i. Provide or arrange for such timely, ongoing assistant diabetes care provider training and diabetes care provider training as is necessary to meet the requirements of this Agreement; and j. Before the first day of each school year, send a letter or other notice (e.g., a paragraph included with other distributed information) to the parents of all School students (with and without diabetes) notifying them of the School s current policies and practices on the care of students with diabetes and requesting that they notify the School if their children are in need of diabetes related aids or services. 13. By December 14, 2012, the School will revise or develop and implement an adequate IHP and/or Section 504 Plan for each School student with diabetes when required by Section 504 or Title II. The School will incorporate by reference the IHP for each student with diabetes in the Student s Section 504 Plan or IEP. The IHP will be consistent with the treating physician s medical orders and developed with input from the parent or guardian. The IHP and Section 504 Plan/IEP for each student with diabetes will together provide those services that are required by Section 504 and Title II. For example, each IHP and Section 504 Plan/IEP will, when appropriate, permit a student with diabetes to: see a Diabetes Care Provider or other medical staff person upon request; self test, self treat, and self monitor in the classroom and during school sponsored activities, field trips and programs; eat snacks and drink beverages to prevent hypoglycemia; miss school without consequences for diabetesrelated care, provided the absence is medically documented; and be excused to use a restroom, as necessary. School staff may take into account a student s previous abuse of these permitted activities in determining whether to grant future requests. 14. By December 14, 2012, the School will submit for OCR approval a notice of grievance procedures.
Page 4 of 6 OCR Complaint No. 11 12 1444 15. By December 14, 2012, the School will submit for OCR approval grievance procedures that incorporate appropriate due process standards and provide for the prompt and equitable resolution of complaints alleging any action prohibited by the laws cited in Provision 1. Specifically, the procedures will include: a. Adequate notice of the procedures, including with whom grievances should be filed; b. The adequate, reliable, and impartial investigation of grievances, including the opportunity to present witness information and other information and to rebut any evidence presented by the opposing party; c. Designated and reasonably prompt timeframes for the major stages of the grievance process; d. Notice to the parties of the outcome of each stage of the grievance process; e. An opportunity to appeal the findings and remedy; f. The prohibition of retaliation against any individual who files a grievance or participates in a grievance process; g. The right to file with a designated alternate individual if the primary grievance contact is one of the individuals against whom the grievance was filed; h. The participants right to privacy, and i. Minimum requirements concerning the grievance decision, e.g., that it must include the specific issues raised in the grievance, the applicable standards, findings and conclusions on each allegation, and the remedies to be provided, if any. 16. By December 21, 2012, the School will publish the notice of nondiscrimination approved by OCR (in a November 20, 2012, email) on the School s home webpage. 17. By December 21, 2012, the School will publish the OCR approved notice of grievance procedures on the School s home webpage. 18. By February 15, 2012, the School will publish the OCR approved notice of nondiscrimination in the hard copy and website versions of the School handbook and recruitment and application materials.
Page 5 of 6 OCR Complaint No. 11 12 1444 19. By February 15, 2012, the School will publish the OCR approved notice of grievance procedures in the hard copy and website versions of the School handbook. 20. By February 15, 2012, the School will publish the OCR approved grievance procedures on the School s website and the hard copy School handbook. 21. The School will maintain such documentation of its efforts regarding the above commitments as is needed to demonstrate that it has fulfilled them. REPORTING PROVISIONS 22. By January 12, 2013, the School will provide OCR with a report on its compliance with this Agreement, and include with its report: (a) a description of and all related documentation on its compliance efforts regarding this Agreement; (b) copies of all of the IHPs and Section 504 Plans for all School students with diabetes and the names and telephone numbers of the parents of each of those students; and (c) a sample of the letter or notice the School will send to the parents of all School students pursuant to Provision 12(j). 23. By February 21, 2013, the School will provide OCR with a report on its compliance with this Agreement, and include with its report: (a) a description of and all related documentation on its compliance efforts regarding this Agreement; and (b) website addresses at which and copies of documents within which the notice of nondiscrimination, notice of grievance procedures, and grievance procedures referenced in this Agreement appear. 24. The School understands that: a. OCR will not close the monitoring of this Agreement until it determines that the School has fulfilled all of its terms and is in compliance with Section 504 and Title II with respect to the issues addressed in this Agreement; b. By signing this Agreement, it agrees to provide data and other information in a timely manner in accordance with the reporting requirements of this Agreement; and c. During the monitoring of this Agreement, if necessary, OCR may visit the School, interview staff and students, and request such additional reports or data as are necessary for OCR to determine whether the School has fulfilled the terms of this Agreement and is in compliance with Section 504 and Title II with respect to the issues addressed in this Agreement.
Page 6 of 6 OCR Complaint No. 11 12 1444 d. OCR may initiate administrative enforcement or judicial proceedings to enforce the specific terms and obligations of the Agreement. Before initiating administrative enforcement (34 C.F.R. 100.9, 100.10) or judicial proceedings to enforce the Agreement, OCR will give the School written notice of the alleged breach and a minimum of sixty (60) calendar days to cure it By: November 27, 2012 Jami Dunham, Head of School Date Paul PCS