UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR RIGHTS FEB 2 8 . Old Federal Buildin.g 50 United Na tions Plaza, Room 239 2006 \1_01tf-, San Francisco, California 94102 r.r: WW}V. ed.gov Robert Henry J. School and College Legal Services of California 5350 Skylane Boulevard Santa Rosa, California 95403 (In reply, please refer to case number 09-06-2011.) Dear Mr. Henry: The U.S. Department of Education, Office for Civil Rights (OCR), has completed its investigation of the above-referenced complaint filed by a Student1 against Napa Valley College alleging discrimination based on disability. The Student alleged that the College's Disabled Students Programs and Services (DSPS) department failed to provide her with the lumbar support chairs she requested due to a back injury. She further alleged that, when she either located chairs herself or was provided chairs through DSPS, chairs were either unavailable when she needed them or inappropriate for her use. She alleged that the nursing program faculty did not cooperate with the implementation of this accommodation. Additionally, the Student alleged that the Nursing program faculty prohibited her from completing the program's clinical component because they considered the physical limitations presented by her disability to create a liability. She has also alleged that she was forced out of the program because she was drawing attention to herself through her requests for a special chair. OCR investigated these issues under the authority of Section 504 of the Rehabilitation Act of 1973 and its implementing regulation, which prohibits discrimination on the basis of disability in federally assisted programs and activities. OCR also has jurisdiction as a designated agency under Title II of the Americans with Disabilities Act of 1990 and its implementing regulation over complaints alleging discrimination on the basis of disability against certain public entities. The College receives Department funds, is a public education system, and is subject to the requirements of Section 504 and Title II. OCR gathered evidence through interviews with the Student and relevant College faculty members and administrators. OCR also reviewed numerous documents submitted by the Student and the College. OCR concluded that the College's actions OCR notified the College of the identity of the complainant in letters dated October 24 and November 1 14, 2005. We are withholding her name from this letter to protect her privacy. Our mi ssion is t o ensure equal access t o education and to promote ed uational excellence throu g hout the Na tion.
UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR RIGHTS . Old Federal Buildin.g 50 United Na tions Plaza, Room 239 San Francisco, California 94102 WW}V. ed.gov FEB 2 8 2006 \1_01tf-, r.r: Robert J. Henry School and College Legal Services of California 5350 Skylane Boulevard Santa Rosa, California 95403 (In reply, please refer to case number 09-06-2011.) Dear Mr. Henry: The U.S. Department of Education, Office for Civil Rights (OCR), has completed its investigation of the above-referenced complaint filed by a Student1 against Napa Valley College alleging discrimination based on disability. The Student alleged that the College's Disabled Students Programs and Services (DSPS) department failed to provide her with the lumbar support chairs she requested due to a back injury. She further alleged that, when she either located chairs herself or was provided chairs through DSPS, chairs were either unavailable when she needed them or inappropriate for her use. She alleged that the nursing program faculty did not cooperate with the implementation of this accommodation. Additionally, the Student alleged that the Nursing program faculty prohibited her from completing the program's clinical component because they considered the physical limitations presented by her disability to create a liability. She has also alleged that she was forced out of the program because she was drawing attention to herself through her requests for a special chair. OCR investigated these issues under the authority of Section 504 of the Rehabilitation Act of 1973 and its implementing regulation, which prohibits discrimination on the basis of disability in federally assisted programs and activities. OCR also has jurisdiction as a designated agency under Title II of the Americans with Disabilities Act of 1990 and its implementing regulation over complaints alleging discrimination on the basis of disability against certain public entities. The College receives Department funds, is a public education system, and is subject to the requirements of Section 504 and Title II. OCR gathered evidence through interviews with the Student and relevant College faculty members and administrators. OCR also reviewed numerous documents submitted by the Student and the College. OCR concluded that the College's actions 1 OCR notified the College of the identity of the complainant in letters dated October 24 and November 14, 2005. We are withholding her name from this letter to protect her privacy. Our mi ssion is t o ensure equal access t o education and to promote ed uational excellence throu g hout the Na tion.
09062011napavalley_college.docx