0410 – Mission and Goals – Comprehensive Plans – NonDiscrimination in District Programs and Activities

Policy – x
Regulation –
Exhibit –

Adopted – 7/16/1998
Revised – 8/25/2016

The Governing Board is committed to equal opportunity for all individuals in education. District programs and activities shall be free from discrimination based on gender, gender identity or expression, or genetic information, sex, sexual orientation, race, color, religion, ancestry, national origin, ethnic group identification, marital or parental status, physical or mental disability, the perception of one or more of such characteristics, or association with a person or group with one or more of these actual or perceived characteristics.  The Board shall promote programs which ensure that discriminatory practices are eliminated in all District activities.

District programs and facilities, viewed in their entirety, shall be in compliance with the Americans with Disabilities Act.

Annually, the Superintendent or designee shall review district programs and activities to ensure removal of any barrier that may unlawfully prevent an individual or group in any of the protected categories stated above from accessing district programs and activities, including the use of facilities.  The Superintendent or designee shall take prompt, reasonable actions to remove any identified barrier.  The Superintendent or designee shall report his or her findings and recommendations to the Board after each review.

The Superintendent or designee shall ensure that the district provides auxiliary aids and services when necessary to afford individuals with disabilities equal opportunity to participate in or enjoy the benefits of a service, program or activity. These aids and services may include, but are not limited to, qualified interpreters or readers, assistive listening devices, notetakers, written materials, taped text, and Braille or large print materials.

Individuals with disabilities shall notify the Superintendent or principal if they have a disability that requires special assistance or services. Reasonable notification should be given prior to the school-sponsored function, program or meeting.

The Superintendent or designee shall notify students, parents/guardians, employees, employee organizations and applicants for admission and employment, and sources of referral for applicants about the District’s policy on nondiscrimination and related complaint procedures.  Such notification shall be included in each announcement, bulletin, catalogue, application form or other recruitment materials distributed to these groups.

The Superintendent or designee shall also provide information about related complaint procedures.

In compliance with law the District’s nondiscrimination policy shall be published in the individual’s primary language to the extent practicable.

Legal Reference:

EDUCATION CODE

200262.4  Prohibition of discrimination

48985  Notices to parents in language other than English

51007  Legislative intent: state policyGOVERNMENT CODE

11000 Definitions

11135  Nondiscrimination in programs or activities funded by state

11138 Rules and regulations

1290012996 Fair Employment and Housing Act

54953.2 Brown Act compliance with Americans with Disabilities ActPENAL CODE

422.55 Definition of hate crime

422.6 Interference with constitutional right or privilege

CODE OF REGULATIONS, TITLE 5

4600-4687  Uniform complaint procedures

49004965 Nondiscrimination in elementary and secondary education programs receiving state financial assistance

UNITED STATES CODE, TITLE 20

14001482 Individuals with Disabilities in Education Act

16811688 Discrimination based on sex or blindness, Title IX

2301-2415  Carl D. Perkins Vocational and Applied Technology Act

6311 State plans

6312 Local education agency plans

UNITED STATES CODE, TITLE 29

794 Section 504 of the Rehabilitation Act of 1973

UNITED STATES CODE, TITLE 42

2000d2000d-7 Title VI, Civil Rights Act of 1964

2000e-2000e-17 Title VII, Civil Rights Act of 1964 as amended

2000h-2000h-6 Title IX

12101-12213 Americans with Disabilities Act

CODE OF FEDERAL REGULATIONS, TITLE 28

35.10135.190 Americans with Disabilities Act

36.303 Auxiliary aids and services

CODE OF FEDERAL REGULATIONS, TITLE 34

100.1100.13 Nondiscrimination in federal programs, effectuating Title VI

104.1104.39 Section 504 of the Rehabilitation Act of 1973

106.1106.61 Discrimination on the basis of sex, effectuating Title IX, especially:

106.9 Dissemination of policy

 

Management Resources:

CSBA PUBLICATIONS

Providing a Safe, Nondiscriminatory School Environment for Transgender and Gender-Nonconforming Students, Policy Brief, February 2014

Interim Guidance Regarding Transgender Students, Privacy, and Facilities, September 27, 2013

Safe Schools:  Strategies for Governing Boards to Ensure Student Success, 2011

U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS PUBLICATIONS

Notice of Non-Discrimination, January 1999

Protecting Students from Harassment and Hate Crime, January, 1999

Nondiscrimination in Employment Practices in Education, August, 1991

U.S. DEPARTMENT OF JUSTICE PUBLICATIONS

2010 ADA Standards for Accessible Design, September 2010

 

WEB SITES

CSBA:  http://www.csba.org

California Department of Education:  http://www.cde.ca.gov

California Safe Schools Coalition:  http://www.casafeschools.org

Pacific ADA Center:  http://www.adapacific.org

U.S. Department of Education, Office for Civil Rights:  http://www.ed.gov/about/offices/list/ocr

 

U.S. Department of Justice, Civil Rights Division, Americans with Disabilities Act:  http://www.ada.gov

 

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