7.8 Americans with Disabilities Act Facility / Physical Access Complaint Procedure

SFUSD promotes equality for people with disabilities through ensuring that our built environment is aligned with federal and state accessibility guidelines and standards.  Title II of the Americans with Disabilities Act ensures access to District facilities and grounds for individuals with disabilities with respect to new construction and alterations. The District’s ADA Complaint procedure covers physical and facilities access to programs and activities of the District.

Problems and complaints of alleged discrimination arising from a denial of physical access to a District program or activity on the basis of disability brought by students, employees, parents, or other members of the community will be resolved in a prompt and equitable manner.  Retaliation in any form for the filing of a grievance, the reporting of instances of discrimination, or any participation in the grievance procedure is prohibited.  Participation in the grievance procedure shall not in any way affect the status, grades, or work assignments of the complainant.

i. Grievance 

Any individual, or a specific class of individuals, who has/have been subjected to disability discrimination with respect to access to a school or District facility may file an ADA Grievance within six months of the alleged violation. Grievances should be filed with the SFUSD Office of Equity and will be investigated by the ADA Coordinator. All other complaints of disability discrimination should be filed using the Uniform Complaint Procedure. 

ii. Grievance timeline

• An ADA Grievance must be filed within six months from the date of the incident, or six months from the date the complainant first obtained knowledge of the facts of the alleged discrimination.  The time for filing may be extended for up to 90 calendar days by the ADA Coordinator for good cause and upon written request by the complainant setting forth the reasons for the request for the extension.
• Within 10 business days of the Office of Equity’s receipt of the grievance, the ADA Coordinator will begin an investigation of the grievance.
• Within one business day of initiating the investigation, the ADA Coordinator will provide the complainant and/or the complainant’s representative with the opportunity to present the information contained in the grievance and provide any evidence, or information leading to evidence, to support the allegations in the complaint.  Evidence or information may be presented to the ADA Coordinator at any time during the investigation.
• Unless extended by written agreement with the complainant, the ADA Coordinator will send a written report of the investigation and decision within 60 calendar days of the district’s receipt of the grievance. 

Any complainant who is dissatisfied with the ADA Coordinator’s findings may file a complaint with the U.S. Department of Education’s Office for Civil Rights.  Complainants are not required to utilize the District’s grievance procedure prior to seeking remedies before civil courts or other public agencies.

Access ADA complaint form