SECTION J Students

SECTION J Students

JBEqual Educational Opportunities/Nondiscrimination

JB-FReport of Discrimination

JBASection 504 Nondiscrimination Policy and Grievance Procedures

JCSchool Attendance Areas

JCATransfers by Student Victims of Crime

JCBTransfers by Students in Persistently Dangerous Schools

JCCSchool Choice for Students Enrolled in Schools Identified for Improvement

JCJClassroom Assignments for Twins

JDSchool Census

JEACompulsory Attendance (Options 1 & 2)

JEBEntrance Age/Admission of Persons Not of School Age

JEC/JEC-RSchool Admission

JECAAdmission of Homeless Children

JECBAdmission of Nonpublic Students for Part-Time Enrollment (Options 1& 2)

JEDStudent Absences/Excuses/Dismissals

JEGExclusions and Exemptions from School Attendance

JFBStudent Involvement

JFCStudent Conduct

JFC-RStandards of Student Conduct (Options 1&2)

JFCATeacher Removal of Students from Class

JFCBSportsmanship, Ethics and Integrity

JFCCStudent Conduct on School Buses

JFCDWeapons in School

JFCEGang Activity or Association

JFCFDrugs in School (Option 1 and Option 2)

JFCHTobacco-Free School for Staff and Students (Also GBEC)

JFCISubstance Abuse Student Assistance Program

JFCJWritten Notification of Violation of School Policies By Students in Alternative Education Programs

JFGSearch and Seizure

JFHA/GBASexual Harassment/Harassment Based on Race, National Origin, Disability andReligion

JFHA-F/Report of Harassment

GBA-F

JGACorporal Punishment

JGD/JGEStudent Suspension/Expulsion (Option 1 and Option 2)

JGD/JGE-RStudent Suspension/Expulsion (Option 1 and Option 2)

JGDADisciplining Students with Disabilities

JGDBDiscipline of Students with Disabilities for Infliction of Serious Bodily Injury

JHCStudent Health Services and Requirements

JHCAPhysical Examinations of Students

JHCBImmunization of Students

JHCCCommunicable Diseases

JHCCABlood Borne Contagious or Infectious Diseases

JHCCA-EGuidelines for School Attendance for Students with Human Immunodeficiency Virus

JHCDAdministering Medicines to Students

JHCERecommendation of Medication by School Personnel

JHCFStudent Wellness

JHDAHuman Research

JHGChild Abuse and Neglect Reporting

JHHSuicide Prevention

JJACStudent-Athlète Concussions During Extra Curricular Activities

JLFund Raising and Solicitation

JNStudent Fees, Fines, and Charges

JOStudent Records

JPStudent Publications

File: JB

Page 1

EQUAL EDUCATIONAL OPPORTUNITIES/

NONDISCRIMINATION

Policy Statement

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

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

Complaint Procedure

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 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.

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. Acomplainant who wishes to remain anonymous will be advised that such confidentiality may limit the school division’s ability to fully respond to the complaint.

Investigation

Upon receipt of a report of alleged prohibited discrimination, the compliance officer shallimmediately 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 calendar 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 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 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.

Action by Superintendent

Within 5 calendar 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) whataction, if any, should be taken. This decision must be provided in writing to the complainant. If the superintendent determines that prohibited discrimination occurred, the BLANKSchool 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.

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 calendar 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.

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.

Compliance Officer and Alternate Compliance Officer

The BLANK School Board has designated [INSERT NAME, TITLE, OFFICE ADDRESS AND PHONE NUMBER] as the Compliance Officer responsible for identifying, preventing and remedying prohibited discrimination. Complaints of discrimination may also be made to the Alternate Compliance Officer [INSERT NAME, TITLE, OFFICE ADDRESS AND PHONE NUMBER. Note: this individual must be of the opposite gender of the Compliance Officer]. The Compliance Officer shall:

receive reports or complaints of discrimination;
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;
insure 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.

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.

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.

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.

False Charges

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

Adopted:

Legal Refs:20 U.S.C. §§ 1681-1688.

29 U.S.C.§§ 794.

42 U.S.C.§§ 2000d-2000d-7.

34 CFR part 106.

Cross Refs:ACNondiscrimination

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

File: JB-F

REPORT OF DISCRIMINATION

Name of Complainant:

Student’s School and Class:

Address and Phone Number:

Date(s) of Alleged Discrimination:

Name 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. Attach additional pages if necessary.

Please describe any past incidents that may be related to this complaint.

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

File: JBA

Page 1

SECTION 504 NONDISCRIMINATION POLICY AND GRIEVANCEPROCEDURES

The BLANK 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 tofile an informal or formal grievance in accordance with the following procedures:

FORMAL PROCEDURE

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.

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.

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 15 school days will be required to investigate the complaint, he or she will notify the complainant and the persons allegedly responsible for the discrimination of the reasons for the extended investigation and of the date by which the investigation is projected to be concluded. The investigation may consist of personal interviews with the complainant, the 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 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.

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. The Compliance Officer’s written report, and all written notices sent pursuant to this policy shall be maintained and distributed in accordance with the Family Educational Rights and Privacy Act.

Action by the Superintendent

Within 10 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, if so (2) what action, if any, will be taken. This decision must be provided in writing to the complainant. If the Superintendent determines that discrimination occurred, the School Division shall take prompt, appropriate action to address and remedy the harm and prevent any recurrence. Such action may include discipline up to and including recommending that a student be expelled or that an employee be discharged.

Appeal

If the Superintendent or designee determines that no discrimination occurred, the complainant may appeal this determination to the School Board within 5 calendar days of receiving the decision. Notice of appeal must be filed with the Superintendent, who shall forward the Compliance Officer’s report and any documentation or information deemed relevant by the Compliance Officer during the course of the investigation to the School Board. The School Board shall make a decision within 30 calendar days of receiving the record. The School Board may require oral or written argument from the complainant, the Superintendent, and any other individual it deems appropriate.An extension of the 30 calendar day limit may occur if necessary as determined by the School Board Chair.

If the Superintendent or designee determines that discrimination occurred and discipline is imposed, the disciplined person (i.e. student or employee) may appeal the disciplinary sanction in accordance with existing School Board policies and regulations.

Compliance Officer and Alternate Compliance Officer

The School Board has designated [INSERT NAME, TITLE, OFFICE ADDRESS, AND PHONE NUMBER] as the Compliance Officer responsible for identifying, preventing and remedying discrimination. Complaints of discrimination may also be made to [INSERT NAME, TITLE, OFFICE ADDRESS, AND PHONE NUMBER], the Alternate Compliance Officer. The Compliance Officer duties may include the following:

a.receive reports and complaints of discrimination;

b.conduct or oversee the investigation of any alleged discrimination;

c.assess the training needs of the School Division in connection with this policy;

d.arrange necessary training to achieve compliance with this policy;

INFORMAL PROCEDURE

If the complainant and the persons allegedly responsible for the discrimination agree, the school principal, designee, or the Compliance Officer may arrange for them to resolve the complaint informally with the assistance of a counselor, teacher, or other school or School Division staff.