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2000 Program » 2260 Nondiscrimination and Access to Equal Educational Opportunity

2260 Nondiscrimination and Access to Equal Educational Opportunity

2260 - NONDISCRIMINATION AND ACCESS TO EQUAL EDUCATIONAL OPPORTUNITY

The District Administrator establishes these administrative guidelines to assist in the proper implementation of Policy 2260. These guidelines shall be used to ensure that the Board of Education's Policy 2260 on nondiscrimination is implemented properly and in compliance with Federal and State laws and regulations, particularly Part 104, Subpart D Preschool, Elementary, Secondary Education of Section 504 of the Rehabilitation Act of 1973 (34 CFR) and Section 118.13, Wisconsin Statutes. A copy of Part 104 is provided as AG 2260A. The District will follow the complaint procedures under Section 118.13, Wisconsin Statutes, unless the complaint relates to the provisions of a free appropriate public education (FAPE) under Part 104 of Section 504.

That policy states:

The Board of Education does not discriminate on the basis of any characteristic protected under State or Federal law including, but not limited to, sex; race; religion; national origin; ancestry; age; genetic information; color; creed; pregnancy; marital status; parental status; sexual orientation; or physical, mental, emotional, or learning disability in its programs, activities, or employment.

The following person(s) have been designated to handle inquiries regarding the nondiscrimination policies of the District or to address any complaint of discrimination:

Scott Sabol, District Administrator
201 Center Street
Neosho, WI 53059 – 0017
(920) 625 – 3531
(920) 625 – 3536 Fax
[email protected]

Notice of the Board's policy on nondiscrimination in educational practices shall be posted throughout the District, published in any District statement regarding the availability of educational services, including District and school websites, and in all student handbooks, parent handbooks, and teacher handbooks. These statements must also include citations to all applicable Federal laws (Title IX; 34 C.F.R. 106.9, Section 504: 34 C.F.R. 104.8, Title II: 28 C.F.R. 35.106).

All course description manuals or books must also include the following statement:
 
All courses, including Career and Technical Education courses are available without discrimination based on sex, race, color, national origin, or disability.
 
Under Section 504 of the Rehabilitation Act, the identification, evaluation, or educational placements of students who need or are believed to need special instruction or related services, requires an additional system of procedural safeguards to be afforded to parents including all of the following:

A. notice;

B. an opportunity for parents or guardians to examine relevant records;

C. an opportunity for an impartial hearing with participation by the student’s parents or guardian and representation by counsel;

D. a review procedure.

Use of the IDEA procedural safeguards meets these requirements under Section 504 of the Rehabilitation Act and 34 CFR Sec. 104.36.

Children who have been diagnosed as having a disability and who, through a multi-factored evaluation, qualify for special education and related services under IDEIA will be served under the existing State Special Education laws. Section 504 protects all students with a mental or physical impairment that substantially limits one (1) or more major life activities, or:
 
A. the student has a record of such an impairment, or

B. the student is regarded as having such an impairment.

The District will identify, evaluate, and provide a free appropriate public education (FAPE) for students who are determined to have an eligible disability under Section 504.

FACILITIES

The educational program of this District shall be accessible to all students. All programs need to be designed and scheduled so the location or nature of the facility or area will not deny an otherwise-qualified student the opportunity to participate in the academic or other school programs with non-disabled students to the maximum extent appropriate, based on the need(s) of the disabled student, to assure delivery of FAPE in the least restrictive environment.

Guide dogs for students who require this type of assistance, as determined by the IEP or Section 504 team, shall be permitted access to all facilities, programs, and events of the District as required to deliver FAPE and provide equal access. The student must provide evidence of the dog's certification as required by State and Federal law for that purpose. If the dog is still in training, proof of liability insurance policy must be provided, and access by the dog permitted if appropriate under State law. Under State law no District may refuse entrance to dogs leading individuals who are deaf, blind and mobility-impaired if:

A. such dog is wearing a harness, leash and special cape identifying the "lead dog" status;

B. the person has presented for inspection credentials issued by a school training dogs for the blind, deaf, or mobility-impaired. See Wisconsin Statute 174.056.

In that event, the District will provide appropriate access through other methods.

PROGRAM

The educational program includes the academic and nonacademic setting. Each qualified, disabled student shall be educated with nondisabled students to the maximum extent appropriate. In the nonacademic setting, the disabled student shall participate with the nondisabled students to the maximum extent appropriate.

Each principal shall verify that the procedures used with students and parents for selection of and participation in any part of the District's academic, co-curricular, or extra-curricular program do not discriminate on the basis of any characteristic protected under State or Federal law, including disability. (See AG 2411 - Guidance and Counseling).

Referral (see Form 2260.01A F4)

Referrals shall be handled in accordance with AG 2260.01A. If the referring person suspects that the student is eligible for services through IDEIA, the procedures for identification evaluation, and placement must be followed. If the IDEIA evaluation tem determines the child is ineligible under IDEIA, the team may determine the student's eligibility for protection and a free appropriate public education (FAPE) under Section 504. If s/he is eligible, a Section 504 Plan shall be developed as appropriate.

If the referring person does not suspect an IDEIA disability or has knowledge that the student does not qualify under IDEA, the student shall be evaluated in accordance with the Section 504 evaluation procedures (AG 2260.01A). However, best practice, as indicated by the Office for Civil Rights, is to follow IDEIA evaluation procedures in most cases for Section 504 referrals.

Evaluation/Placement

Prior to evaluation, the District Administrator shall notify the parent and obtain written consent of the parent.

Note: Where Sec. 504 is silent districts are required to follow IDEA procedure. Parents are mandatory members of the team and should be given notice of 504 team meetings.

The Section 504 evaluation shall be handled in accordance with AG 2260.01A. If the team determines that the student is disabled under 504, it will determine whether the student requires a Section 504 Plan in order to receive a FAPE. If the student does, the team will develop a Section 504 Plan (see Form 2260.01A F13).

If the 504 team determines that the student does not qualify under 504, it shall document the decision, provide the basis of the decision, and state that the student may be served appropriately, receive FAPE, in the regular education setting without related services or special interventions. The parents shall be provided with written notice of their rights under Section 504 (see Form 2260.01A F13 – Notice of Section 504/ADA Procedural Information and Rights).

Instruction

Because of the least-restrictive environment requirements, the principal should review AG 2260.01A and AG 2260.01B and then work with the teacher(s) involved to make sure s/he (each):

A. recognizes the requirements of the law and the relationship between the evaluation of the student and his/her instruction;

B. has made appropriate accommodation in the instructional program and/or classroom environment as provided in the student's Section 504 Plan.
 
C. is familiar with and follows the student's 504 accommodation plan.

Annually, the student’s 504 team shall review the student’s progress and determine if further intervention and/or modification in the plan is needed.

DISCIPLINE

The disciplinary process described in Policy 2461 should be used in all situations in which a student with a 504 disability may be subject to suspension, expulsion, or exclusion. Students under a 504 plan subject to discipline are to be afforded a "manifestation determination." The 504 team should reconvene to determine if the delinquent act was a manifestation of the student’s disability. Since expulsion or cumulative forms of suspension may constitute a change in placement, the evaluation procedures in AG 2260A must be followed. Re-evaluation should occur whenever a significant change of placement occurs as a result of disciplinary suspensions or expulsion.

DRUG AND ALCOHOL RELATED CIRCUMSTANCES

Section 504 allows schools to take disciplinary action against students with disabilities using drugs or alcohol to the same extent as students without disabilities. If a principal suspects a disabling condition which would qualify the student for services under Section 504, the referral procedure should be followed. However, the evaluation may be conducted in an expedited manner if the student is subject to discipline.

COMPLAINTS

All complaints should be handled in accordance with the procedures described in AG 2260B and AG 2260.01B. The complainant shall be informed that s/he may contact the Office for Civil Rights at any time.

School District

Due Process Procedures Under Section 504

The due process hearing is an administrative hearing held to resolve disagreements between the parent or guardian and the District. The District is required to establish and implement procedural safeguards that include notice, an opportunity for parents to review relevant records, an impartial hearing with opportunity for parents to review relevant records, an impartial hearing with opportunity for participation by the student’s parent or guardian, representation by counsel and a review procedure. The parent or guardian has the right to request a due process hearing regarding the District’s proposal to or refusal to identify, evaluate, educationally place, or deliver services in any aspect to a student pursuant to the Section 504 regulations. In addition, the District may request a due process hearing to obtain parental consent of an initial evaluation, prove that the District’s evaluation was appropriate, and secure parental consent for initial special educational placement. Finally, the District is required to request a due process hearing when a parent or guardian refuses to provide written consent for a re-evaluation and to move a student to an interim alternative educational setting for up to forty-five (45) days for behavior believed to be dangerous to the student or to others.

Requesting a Due Process Hearing

A. If a parent or guardian requests a due process hearing, the request will be forwarded to the Director of Pupil Services.

B. The Director will acknowledge the request in writing within five (5) school days and request the parent to complete a written request, if not already provided, which includes the following information:
 
1. name of the parties requesting the hearing

2. relationship to the child

3. address of parties requesting the hearing

4. name of the child

5. address of the child

6. school district of the child’s residence
 
7. school district where child is attending

8. description of the nature of the problem the child is experiencing related to the action proposed, including facts relating to the problem and the specific reasons for requesting a hearing
 
9. description of the proposed resolution of the problem (to the extent known and available to the parent(s)
 
C. The Director will forward the information provided by the parent or guardian to a neutral third party hearing officer knowledgeable in the Section 504 regulations and request that the hearing officer schedule a pre-hearing conference within five (5) school days of the request for purposes of scheduling a due process hearing.

D. The hearing officer will comply with the due process procedures under Federal law (IDEA where Section 504 is silent), and utilize the due process procedures set forth under Chapter 115, Wisconsin Statutes.

© Neola 2012
2260 - NONDISCRIMINATION AND ACCESS TO EQUAL EDUCATIONAL OPPORTUNITY

The Board of Education is committed to providing an equal educational opportunity for all students in the District.

The Board of Education does not discriminate on the basis of race, color, religion, national origin, ancestry, creed, pregnancy, marital status, parental status, sexual orientation, sex, including transgender status, change of sex or gender identity, disability, age (except as authorized by law), military status or physical, mental, emotional, or learning disability in any of its student program and activities.

The Board also does not discriminate on the basis of Protected Classes in its employment policies and practices as they relate to students, and does not tolerate harassment of any kind.

Equal educational opportunities shall be available to all students, without regard to their membership in the Protected Classes, race, color, national origin, sex, disability, age (unless age is a factor necessary to the normal operation or the achievement of any legitimate objective of the program/activity), place of residence within the boundaries of the District, or social or economic background, to learn through the curriculum offered in this District. Educational programs shall be designed to meet the varying needs of all students.

In order to achieve the aforesaid goal, the District Administrator shall:

A. Curriculum Content

review current and proposed courses of study and textbooks to detect any bias based upon the Protected Classes ascertaining whether or not supplemental materials, singly or taken as a whole, fairly depict the contribution of both sexes various races, ethnic groups, etc. toward the development of human society;

provide that necessary programs are available for students with limited use of the English language;

B. Staff Training

develop an ongoing program of staff training and in-service training for school personnel designed to identify and solve problems of bias based upon the Protected Classes in all aspects of the program;

C. Student Access
 
1. review current and proposed programs, activities, facilities, and practices to ensure that all students have equal access thereto and are not segregated on the basis of the Protected Classes in any duty, work, play, classroom, or school practice, except as may be permitted under State regulations;

2. verify that facilities are made available, in accordance with Board Policy 7510 - Use of District Facilities, for non-curricular student activities that are initiated by parents or other members of the community, including but not limited to any group officially affiliated with the Boy Scouts of America or any other youth group listed in Title 36 of the United States Code as a patriotic society;

D. District Support

require that like aspects of the District program receive like support as to staff size and compensation, purchase and maintenance of facilities and equipment, access to such facilities and equipment, and related matters;

E. Student Evaluation

verify that tests, procedures, or guidance and counseling materials, which is/are designed to evaluate student progress, rate aptitudes, analyze personality, or in any manner establish or tend to establish a category by which a student may be judged, are not differentiated or stereotyped on the basis of the Protected Classes.

The District Administrator shall appoint and publicize the name of the compliance officer(s) who is/are responsible for coordinating the District's efforts to comply with the applicable Federal and State laws and regulations, including the District's duty to address in a prompt and equitable manner any inquiries or complaints regarding discrimination or equal access. The Compliance Officer(s) also verify that proper notice of nondiscrimination for Title II of the Americans with Disabilities Act (as amended), Title VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendment Act of 1972, Section 504 of the Rehabilitation Act of 1973 (as amended), and the Age Discrimination Act of 1975 is provided to students, their parents, staff members, and the general public.

The District Administrator shall attempt annually to identify children with disabilities, ages 3 - 21, who reside in the District but do not receive public education. In addition, s/he shall establish procedures to identify students who are Limited English Proficient, including immigrant children and youth, to assess their ability to participate in District programs, and develop and administer a program that meets the English language and academic needs of these students. This program shall include procedures for student placement, services, evaluation, and exit guidelines and shall be designed to provide students with effective instruction that leads to academic achievement and timely acquisition of proficiency in English. As a part of this program, the District will evaluate the progress of students in achieving English language proficiency in the areas of listening, speaking, reading and writing, on an annual basis (see AG 2260F).

118.13 Wis. Stats.
P.I. 9, 41, Wis. Adm. Code
Fourteenth Amendment, U.S. Constitution
20 U.S.C. Section 1681, Title IX of Education Amendments Act
20 U.S.C. Section 1701 et seq., Equal Educational Opportunities Act of 1974
20 U.S.C. Section 7905, Boy Scouts of America Equal Access Act
29 U.S.C. Section 794, Rehabilitation Act of 1973, as amended
42 U.S.C. Section 2000 et seq., Civil Rights Act of 1964
42 U.S.C. Section 2000ff et seq., The Genetic Information Nondiscrimination Act
42 U.S.C. 6101 et seq., Age Discrimination Act of 1975
42 U.S.C. 12101 et seq., The Americans with Disabilities Act of 1990, as amended
Vocational Education Program Guidelines for Eliminating Discrimination and Denial
of Services, Department of Education, Office of Civil Rights, 1979
Revised 1/6/14

© Neola 2012