JB Equal Educational Opportunities/Nondiscrimination

SECTION J Students

JB-F Report of Discrimination

JBA Section 504 Nondiscrimination Policy and Grievance Procedures

JC School Attendance Areas

JCA Transfers by Student Victims of Crime

JCB Transfers by Students in Persistently Dangerous Schools

JCC School Choice for Students Enrolled in Schools Identified for Improvement

JCJ Classroom Assignments for Twins

JEA Compulsory Attendance (Option 1)

JEB Entrance Age/Admission of Persons Not of School Age

JEC/ JEC-R School Admission

JEC-F1 (L)

JEC-F2 (L)

JECA Admission of Homeless Children

JECB Admission of Nonpublic Students for Part-Time Enrollment (Option 2)

JED Student Absences/Excuses/Dismissals

JEG Exclusions and Exemptions from School Attendance

JFB Student Involvement

JFC Student Conduct

JFC-R Standards of Student Conduct (Option 2)

JFCA Teacher Removal of Students from Class

JFCA-F1 (L)

JFCB Sportsmanship, Ethics and Integrity

JFCC Student Conduct on School Buses

SECTION J Students

JFCD Weapons in School

JFCE Gang Activity or Association

JFCF Drugs in School (Option 2)

JFCH Tobacco-Free School for Staff and Students (Also GBEC)

JFCI Substance Abuse ‑ Student Assistance Program

JFCJ Written Notification of Violation of School Policies By Students in Alternative Education Programs

JFCL Notification Regarding Prosecution of Juveniles as Adults

JFG Search and Seizure

JFG-R (Local) Random Drug Testing of Students Participating in Extracurricular Athletics

JFG-R (Local) F1 Student Athlete Drug Testing Consent Form

JFHA/GBA Sexual Harassment/Harassment Based on Race, National Origin, Disability and Religion

JFHA-F/GBA-F Report of Harassment

JGA Corporal Punishment

JGD/JGE Student Suspension/Expulsion (Option 1)

JGDA Disciplining Students with Disabilities

JGDB Discipline of Students with Disabilities for Infliction of Serious Bodily Injury

JHC Student Health Services and Requirements

JHCA Physical Examinations of Students

JHCB Immunization of Students

JHCC Communicable Diseases

JHCCA Blood Borne Contagious or Infectious Diseases

JHCCA-E Guidelines for School Attendance for Students with Human Immunodeficiency Virus

JHCCAB Lice Standard Operating Procedure

JHCD Administering Medicines to Students

SECTION J Students

JHCE Recommendation of Medication by School Personnel

JHCF Student Wellness

JHDA Human Research

JHG Child Abuse and Neglect Reporting

JHH Suicide Prevention

JJAC Student-Athlète Concussions During Extra Curricular Activities

JL Fund Raising and Solicitation

JM Restraint and Seclusion of Students

JN Student Fees, Fines, and Charges

JO Student Records

JP Student Publications

File: JB

EQUAL EDUCATIONAL OPPORTUNITIES/

NONDISCRIMINATION

I. Policy Statement

Equal educational opportunities shall be available for all students, without regard to sex, race, color, national origin, gender, ethnicity, religion, disability, ancestry, or marital or parental status. Educational programs shall be designed to meet the varying needs of all students.

No student, on the basis of sex or gender, shall be denied equal access to programs, activities, services or benefits or be limited in the exercise of any right, privilege or advantage or be denied equal access to educational and extracurricular programs and activities.

The School Board shall

· provide facilities, programs and activities that are accessible, usable and available to qualified disabled persons;

· provide a free, appropriate education, including non-academic and extracurricular services to qualified disabled persons;

· not exclude qualified disabled persons, solely on the basis of their disabilities, from any preschool, daycare, adult education or career and technical education programs; and

· not discriminate against qualified disabled persons in the provision of health, welfare or social services.

II. Complaint Procedure

A. File Report

Any student who believes he or she has been the victim of prohibited discrimination should report the alleged discrimination as soon as possible to one of the Compliance Officers designated in this policy or to any other school personnel. The alleged discrimination should be reported as soon as possible, and the report generally should be made within fifteen (15) school days of the occurrence. Further, any student who has knowledge of conduct which may constitute prohibited discrimination should report such conduct to one of the Compliance Officers designated in this policy or to any school personnel. Any employee who has knowledge of conduct which may constitute prohibited discrimination shall immediately report such conduct to one of the Compliance Officers designated in this policy.

The reporting party should use the form, Report of Discrimination, JB-F, to make complaints of discrimination. However, oral reports and other written reports shall also be accepted. The complaint should be filed with either the building principal or one of the Compliance Officers designated in this policy. The principal shall immediately forward any report of alleged prohibited discrimination to the Compliance Officer. Any complaint that involves the Compliance Officer shall be reported to the superintendent.

File: JB

Page 2

The complaint, and identity of the complainant and of the person or persons allegedly responsible for the discrimination, will not be disclosed except as required by law or policy, as necessary to fully investigate the complaint or as authorized by the complainant. A complainant who wishes to remain anonymous will be advised that such confidentiality may limit the school division’s ability to fully respond to the complaint.

B. Investigation

Upon receipt of a report of alleged prohibited discrimination, the Compliance Officer shall immediately authorize or undertake an investigation. The investigation may be conducted by school personnel or a third party designated by the school division. The investigation shall be completed as soon as practicable, which should generally be not later than 14 school days after receipt of the report by the Compliance Officer. Upon receiving the complaint, the Compliance Officer shall acknowledge receipt of the complaint, by giving written notice that the complaint has been received, to both the person complaining of discrimination and the person or persons allegedly responsible for the discrimination. Also upon receiving the complaint, the Compliance Officer shall determine whether interim measures should be taken pending the outcome of the investigation. If the Compliance Officer determines that more than 14 school days will be required to investigate the complaint, the complainant and the person or persons allegedly responsible for the discrimination will be notified of the reason for the extended investigation and of the date by which the investigation will be concluded.

The investigation may consist of personal interviews with the complainant, the person or persons allegedly responsible for the discrimination, and any others who may have knowledge of the alleged discrimination or the circumstances giving rise to the complaint. The investigation will consider witnesses and evidence from both the complainant and the person or persons responsible for the alleged discrimination. The investigation may also include the inspection of any documents or information deemed relevant by the investigator. The school division shall take necessary steps to protect the complainant and others pending the completion of the investigation.

Whether a particular action or incident constitutes a violation of this policy requires a case by case determination based on all of the facts and circumstances revealed by a complete and thorough investigation.

The Compliance Officer shall issue a written report to the superintendent upon completion of the investigation. If the complaint involves the superintendent, then the report shall be sent to the School Board. The report shall include a determination of whether the allegations are substantiated, whether this policy was violated and recommendations for corrective action, if any.

All employees shall cooperate with any investigation of alleged discrimination conducted under this policy or by an appropriate state or federal agency.

File: JB

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C. Action by Superintendent

Within 5 school days of receiving the Compliance Officer’s report, the superintendent or designee shall issue a decision regarding (1) whether this policy was violated and (2) what action, if any, should be taken. This decision must be provided in writing to the complainant. If the superintendent or designee determines that prohibited discrimination occurred, the Covington City School Division shall take prompt, appropriate action to address and remedy the violation as well as prevent any recurrence. Such action may include discipline up to and including expulsion or discharge.

D. Appeal

If the superintendent or designee determines that no prohibited discrimination occurred, the student who was allegedly subjected to discrimination may appeal this finding to the School Board within 5 school days of receiving the decision. Notice of appeal must be filed with the superintendent who shall forward the record to the School Board. The School Board shall make a decision within 30 calendar days of receiving the record. The School Board may ask for oral or written argument from the aggrieved party and the superintendent and any other individual the School Board deems relevant. Written notice of the School Board’s decision will be given to both the complainant and the person or persons responsible for the alleged discrimination.

If the superintendent or designee determines that prohibited discrimination occurred and discipline is imposed, the disciplined person may appeal the disciplinary sanction in the same manner as any other such sanction would be appealed.

E. Compliance Officer and Alternate Compliance Officer

The Covington City School Board has designated:

Melinda Snead-Johnson, Director of Student Services

Covington City Schools

340 E. Walnut Street

Covington, VA 24426

540-965-1400

as the Compliance Officer responsible for identifying, preventing and remedying prohibited discrimination. Complaints of discrimination may also be made to the Alternate Compliance Officer(s):

Robert McClintic, Principal Marc Smith, Principal

Covington High School OR Jeter-Watson Intermediate School

606 S. Lexington Avenue 560 W. Indian Valley Road

Covington, VA 24426 Covington, VA 24426

(540) 965-1410 (540) 965-1430

File: JB

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The Compliance Officer shall

· receive reports or complaints of discrimination;

· conduct or oversee the investigation of any alleged discrimination;

· assess the training needs of the school division in connection with this policy;

· arrange necessary training to achieve compliance with this policy; and

· ensure that any discrimination investigation is conducted by an impartial investigator who is trained in the requirements of equal education opportunity and has the authority to protect the alleged victim and others during the investigation.

III. Retaliation

Retaliation against students or school personnel who report discrimination or participate in the related proceedings is prohibited. The school division shall take appropriate action against any student or employee who retaliates against another student or employee who reports alleged discrimination or participates in related proceedings. The Compliance Officer will inform persons who make complaints, who are the subject of complaints, and who participate in investigations of how to report any subsequent problems.

IV. Right to Alternative Complaint Procedure

Nothing in this policy shall deny the right of any individual to pursue other avenues of recourse to address concerns relating to prohibited discrimination including initiating civil action, filing a complaint with outside agencies or seeking redress under state or federal law.

V. Prevention and Notice of Policy

Training to prevent discrimination should be included in employee and student orientations as well as employee in-service training.

This policy shall be (1) displayed in prominent areas of each division building in a location accessible to students, parents and school personnel, (2) included in the student and employee handbooks; and (3) sent to parents of all students within 30 calendar days of the start of school. All students and their parents/guardians shall be notified annually of the names and contact information of the Compliance Officers.

VI. False Charges

Students or school personnel who knowingly make false charges of discrimination shall be subject to disciplinary action.

Adopted: September 8, 2003

Revised: August 20, 2007

Revised: November 9, 2009

Revised: November 12, 2012

File: JB

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____________________________________________________________________________________________________________________________________________________________

Legal Refs: 20 U.S.C. §§ 1681-1688.

29 U.S.C. §§ 794.

42 U.S.C. §§ 2000d through 2000d-7.

34 CFR 106.9.

Code of Virginia, 1950 as amended, §§ 2.2-3900, 2.2-3901, 2.2-3902.

Cross Refs: AC Nondiscrimination

AD Educational Philosophy

GB Equal Employment Opportunity/Nondiscrimination

JB-F Report of Discrimination

JBA Section 504 Nondiscrimination Policy and Grievance Procedures

JFHA/GBA Prohibition Against Harassment and Retaliation

File: JB-F

REPORT OF DISCRIMINATION

Name of Complainant: ____________________________________________________

Student’s School and Class: ____________________________________________________

Address, Phone Number ____________________________________________________

and Email Address:

____________________________________________________

Date(s) of Alleged Discrimination: ______________________________________________

Name(s) of person(s) you believe discriminated against you or others: _____________________

_____________________________________________________________________________

Please describe in detail the incident(s) of alleged discrimination, including where and when the incident(s) occurred. Please name any witnesses that may have information regarding the situation. Please include a description of any past incidents that may be related to this complaint. Attach additional pages if necessary.

I certify that the information provided in this report is true, correct and complete to the best of my knowledge.

____________________________ ______________________

Signature of Complainant Date

Complaint Received By: _______________________ _________________

Compliance Officer Date

Adopted: February 2004

Revised: November 12, 2012

File: JBA

SECTION 504 NONDISCRIMINATION POLICY AND GRIEVANCE PROCEDURES

The Covington City School Board does not discriminate against individuals on the basis of disability. Where a student believes that he or she has been discriminated against on the basis of disability, the student shall have the right to file an informal or formal grievance in accordance with the following procedures:

A. FORMAL PROCEDURE

1. Filing a Complaint

Any student who believes he or she has been the victim of discrimination on the basis of a disability should submit a complaint alleging discrimination as soon as possible to the compliance officer designated in this policy (Compliance Officer) or to any other school or School Division staff. The complaint should be submitted as soon as possible and generally within 15 school days of the alleged discrimination. Any employee who has knowledge of conduct which may constitute discrimination shall immediately report such conduct to the Compliance Officer, their supervisor, or to any other school or School Division staff.

The complainant should use the “Complaint of Discrimination” form (see end of this policy) to make a complaint of discrimination. However, oral complaints shall also be accepted. The complaint should be filed with the school principal, other school or school division staff, or the Compliance Officer. School or school division staff receiving a complaint of discrimination shall forward it to the school principal; who shall immediately forward the complaint of discrimination to the Compliance Officer. Any complaint that involves the Compliance Officer shall be reported to the Superintendent.

The complaint and the identity of the complainant, the individual who reported the alleged discrimination (if other than the complainant), and the persons allegedly responsible for the discrimination will not be disclosed except as required by law or policy, as necessary to fully investigate the complaint, or as authorized by the complainant.

2. Investigation

Upon receipt of a report or complaint of discrimination, the Compliance Officer shall immediately authorize or undertake an investigation. The investigation may be conducted by school staff or a third party designated by the School Division. The investigation shall be completed as soon as practicable, which should generally be not more than 15 school days after receipt of the complaint of alleged discrimination by the Compliance Officer. Within 3 school days of receiving the complaint, the Compliance Officer shall send written notice that the complaint has been received to the complainant and the person or persons allegedly responsible for the discrimination.