40D-1.139: Americans With Disabilities Act and Discrimination in Federally Funded Programs Public Grievance Procedures
PURPOSE AND EFFECT: To amend Rule 40D-1.139, F.A.C., to rename it and merge the requirements of the two incorporated public grievance procedures into one entitled, Public Grievance Procedure: Americans With Disabilities Act and Discrimination in District Programs and Activities.
SUMMARY: Currently the District has a procedure to satisfy the requirements for a public grievance process under the Americans with Disabilities Act (ADA) and another for the Rehabilitation Act of 1973. The new procedure will combine the two procedures, designate an ADA Compliance Coordinator and provide updated contact, address and email information to provide prompt and equitable resolution of grievances alleging that the District has violated any provision of the referenced federal regulations.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 373.044, 373.113 FS.
LAW IMPLEMENTED: 286.26, 373.083 FS., 28 C.F.R. §§35.106 and 35.107
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Dianne Lee, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4657. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lori Tetreault, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4659
THE FULL TEXT OF THE PROPOSED RULE IS:
40D-1.139 Public Grievance Procedure: Americans With Disabilities Act and Discrimination in District Programs and Activities Americans With Disabilities Act and Discrimination in Federally Funded Programs Public Grievance Procedures.
(1) The District designates the Human Resources Director as the Americans with Disabilities Act (ADA) Compliance Coordinator. The Americans With Disabilities Act Public Grievance Procedure (July 1993) is hereby incorporated by reference into this Chapter and is available from the District upon request from an ADA compliance coordinator or from the Human Resources Department.
(2) The Public Grievance Procedure: Americans With Disabilities Act and Discrimination in District Programs and Activities, which includes the address, telephone number and email address of the ADA Compliance Coordinator, is hereby incorporated by reference into this Chapter and is available from the District upon request to the Document Services Section, (352)796-7211, Extension 4053, or (800)423-1476, Extension 4053 (Florida only); or may be accessed online at www.swfwmd.state.fl.us. The District document entitled “Discrimination in Federally Funded Programs Public Grievance Procedure,” (August 1993) is hereby incorporated by reference into this Chapter and is available from the District’s Human Resources Department upon request.
(3) A District decision regarding a complaint made pursuant to the Public Grievance Procedure shall not be considered an agency action pursuant to Chapter 120 of the Florida Statutes.
Rulemaking Specific Authority 373.044, 373.113 FS. Law Implemented 286.26, 373.083 FS., 28 C.F.R. §§35.106 and 35.107. History–New 7-29-93, Amended 11-2-93, Formerly 40D-1.202, Amended________.