On Friday, May 8, 2020 at 10:03PM, I received an email from Fox’s Section 504 Coordinator informing me that Fox updated the district’s 504 manual and posted it on the district’s website. It’s too bad that the updated manual still didn’t meet the terms of the March 2018 Resolution Agreement.
I’d like to know who reviewed the changes in the U.S. Department of Education’s Office for Civil Rights (ED OCR). It’s taken more than 11 years to make changes to Fox’s 504 Manual and it’s still not correct.
Add to that, the fact that you can’t search for text in the new manual. So, parents, staff and administrators are going to waste a lot of time having to read the entire 71 page document to find something unless they have access to optical character recognition software that can turn images of pages into a searchable document.
In Friday night’s email, I was informed that Fox had received feedback from ED OCR and that OCR had “approved” the district’s updated 504 Manual. A link to the updated document was included in the email.
Here's the link sent to me:
https://www.fox.k12.mo.us/departments/special_education
Here's a direct link to Fox's webpage where the 504 Manual is listed:
https://www.fox.k12.mo.us/departments/special_education/504_manual
Fox's 504 Manual has not been available on the district website until now.
Here is a direct link to Fox's 504 Manual in PDF format:
(This link may change with updates to the manual.)
https://www.fox.k12.mo.us/common/pages/DisplayFile.aspx?itemId=37088403
Fox Originally Agreed To Update 504 Manual by June 2009 Fox’s Section 504 Manual and Procedural Safeguards document was originally supposed to be updated by June 2009 according to a Resolution Agreement that Dan Baker signed with ED OCR on May 1, 2009. Fox didn’t meet that June 2009 deadline. And, when Fox didn’t meet that original deadline, OCR gave Fox a new deadline. And, when Fox didn’t meet that deadline, OCR gave them another deadline and another and another. After a few missed deadlines, Fox refused to make some of the changes they had agreed to. There was a concerted effort to drag this issue out for years. But, before Fox’s 504 Manual was ever updated, the law firm representing the district was canned when the internet scandal became public involving former superintendent Dianne Brown-Critchlow and former 504 Coordinator Dan Baker. However, prior to being canned, the district’s law firm was able to bill tens of thousands of dollars related to the ongoing 504 issues at Fox between March 2008 and June 2014. Getting back to the recently updated Section 504 manual, it’s really interesting that Fox finally got around to updating the 504 manual just one week after I wrote about Fox not updating the district’s Section 504 Manual after 11 years after agreeing to do so. I was quite surprised to see the email from our district’s 504 Coordinator. I didn’t see it until early Saturday morning since it was sent to me at 10:03PM Friday night. I clicked on the link and began reviewing the document to see if the changes had been made as required by the terms of the March 2018 Resolution Agreement. There were at least 3 things that didn’t get updated as agreed to in the resolution agreement. It makes you question who reviewed the change or if the changes were actually reviewed and “approved” by ED OCR. I’ll have to make a Sunshine Request and a Freedom of Information Act Request to see if ED OCR actually approved the changes or not. The March 2018 Resolution Agreement spelled out exactly what needed to be replaced and/or updated in the 504 manual to comply with federal law. It also required including at least two examples of students who would qualify for Section 504. Fox also agreed to increase the amount of time that a parent can file an appeal to a 504 decision from 10 calendar days to at least 90 calendar days. This didn’t get updated in the “approved” Section 504 Manual that was posted on the district website.
The language in Fox’s updated 504 Manual still states: “If a parent, legal guardian or eligible student intends to challenge the action proposed or refused by the District, the parent/guardian or eligible student must file a written request for 504 Due Process Hearing within 10 calendar days from the date of the District’s written notice of the proposed or refused action.” The current name and job title for Fox's 504 District Section 504 Coordinator is not correct. It's no longer the Assistant Superintendent of Human Resources. The address for ED OCR is not correct in the updated 504 Manual as spelled out in the Resolution Agreement. I highlighted the required changes in Fox’s March 2018 Resolution Agreement in the screen capture below that are not correct or needed to be changed. I also highlighted where the changes still need to be corrected in Fox’s 504 Manual in the other screen capture below. Perhaps someday, this will get corrected. QUESTIONS OUR SCHOOL BOARD SHOULD ASK I’m hoping our school board members will ask some questions such as: Why wasn’t the March 2018 Resolution Agreement with ED OCR provided to the school board for review when it was originally sent to the district and signed by former superintendent Dr. Wipke in March 2018? (Your school board is supposed to ensure that the district is following the law and the March 2018 Resolution Agreement covers Section 504 law.) Why wasn’t the updated 504 Manual included in BoardDocs and presented as an action item if it needed to be approved by the school board prior to posting it on the district’s website? Who reviewed and approved the 504 Manual at ED OCR if the updated 504 Manual still didn’t meet the terms of the March 2018 Resolution Agreement? I’m also hoping that our school board requires the district to add language prohibiting retaliation to Fox’s 504 Manual similar to what’s included in the Kansas City Kansas Public Schools 504 Manual. The following language is posted on ED OCR’s website about retaliation on their Frequently Asked Questions (FAQ) page which is referenced in Fox’s 504 Manual:
“Retaliatory acts are prohibited. A recipient is prohibited from intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by Section 504.”The Kansas City Kansas Public Schools Section 504 Manual addressed retaliation very well. I highly recommend reading the KCKPS 504 Manual for reference. It’s much easier to read and includes a Table of Contents. I’ll keep you posted on the ongoing efforts to get Fox’s 504 Manual updated to comply with federal law.
