Non-Discrimination Policy

Book: Board of Education Policies

Section: 0000 Philosophy, Goals and Objectives

Title: NON-DISCRIMINATION AND EQUAL OPPORTUNITY

Code: 0100

Status: Active

Last Revised: April 23, 2021

(X) Required

(   ) Local

(   ) Notice

The Board of Education, its officers and employees, will not discriminate in its programs and activities on the basis of legally protected classes, such as, but not limited to: race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), color, national origin, creed, religion (including religious practices), marital status, sex (including pregnancy, childbirth, or related medical condition), gender identity and expression (i.e., actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristic regardless of the sex assigned to that person at birth, including but not limited to the status of being transgender), age, sexual orientation, disability (physical or mental), predisposing genetic characteristic, military work or status, domestic violence victim status, or use of a guide dog, hearing dog, or service dog, as applicable.  The district will provide notice of this policy in accordance with federal and state law and regulation.

This policy of nondiscrimination includes access by students to educational programs, counseling services for students, course offerings, and student activities, as well as recruitment and appointment of employees and employment pay, benefits, advancement and/or terminations.

Specific protections for students under the Dignity for All Students Act are addressed in policy 0115, Student Bullying and Harassment Prevention and Intervention.

Additionally, to promote the district website’s accessibility to staff, students, and members of the community with disabilities, the district will maintain a website that is accessible (or contains accessible alternatives) on perceivability, operability and understandability principles.  The district’s  Director of Technology is responsible for considering the following when developing or updating the district website:

• Adding the text equivalent to every image;
• Posting documents in a text-based format such as HTML or RTF in addition to PDFs;
• Avoiding dictating colors and font settings;
• Including audio descriptions and captions to videos;
• Identifying other barriers to access; and
• Making other considerations when developing the district’s website.

A finding that an individual has engaged in conduct in violation of this policy may result in disciplinary action and/or filing of a report with third parties in the manner prescribed by the district code of conduct, the law or applicable contract.

Nothing in this policy will be construed to prohibit a denial of admission into, or exclusion from, a course of instruction or activity based on a person’s gender that would be permissible under the law, or to prohibit, as discrimination based on disability, actions that would be permissible under the law.

Annual Notification

At the beginning of each school year, the district will publish a notice of the established grievance procedures for resolving complaints of discrimination to parents/guardians, employees, students and the community.  The public notice will:

1. inform parents, employees, students and the community that education programs, including but not limited to vocational programs, are offered without regard to actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex; sexual orientation, or gender (including gender identity and expression);
2. provide the name, address and telephone number of the person designated to coordinate activities concerning discrimination; and
3. be included in announcements, bulletins, catalogues, and applications made available by the district.

The Assistant Superintendent for Human Resources has been designated to handle inquiries regarding the district’s non-discrimination policies.  Contact information for the Assistant Superintendent for Human Resources is available on the district’s website.  Complaints of sexual harassment or discrimination are covered by policy 0110.

All complainants and those who participate in the investigation of a complaint in conformity with state law and district policies, who have acted reasonably and in good faith, have the right to be free from retaliation of any kind.

The Board authorizes the Superintendent of Schools to establish such rules, regulations and procedures necessary to implement and maintain this policy.

Cross-ref:       

0110, Sexual Harassment

0115, Student Bullying and Harassment Prevention and Intervention

5030, Student Complaints and Grievances

5300, Code of Conduct

6122, Staff Complaints and Grievances

Ref:    

Age Discrimination in Employment Act of 1967 29 U.S.C. §§621 et seq.

Americans with Disabilities Act, 42 U.S.C. §§12101 et seq.

Title VI, Civil Rights Act of 1964, 42 U.S.C. §§2000d et seq. (nondiscrimination based on race, color, and national origin in federally assisted programs)

Title VII, Civil Rights Act of 1964, 42 U.S.C. §§2000e et seq. (nondiscrimination based on race, color, and national origin in employment)

Title IX, Education Amendments of 1972, 20 U.S.C. §§1681 et seq. (nondiscrimination based on sex)

§504, Rehabilitation Act of 1973, 29 U.S.C. §794

Individuals with Disabilities Education Law, 20 U.S.C. §§1400 et seq.

Genetic Information Nondiscrimination Act of 2008 P.L. 110-233

34 C.F.R. §§ 100.6; 104.8; 106.9; 110.25

Executive Law §§290 et seq. (New York State Human Rights Law)

Education Law §§10-18 (The Dignity for All Students Act)

Education Law §§313(3); 3201; 3201-a

ADA Best Practices Tool Kit for State and Local Governments, Website Accessibility Under Title II of the ADA (see Chapter 5 and Chapter 5 Addendum checklist), www.ada.gov/pcatoolkit/toolkitmain.htm

Adoption date: April 18, 2023

Book: Board of Education Policies

Section: 0000 Philosophy, Goals and Objectives

Title: NON-DISCRIMINATION AND EQUAL OPPORTUNITY REGULATION

Code: 0100-R

Status: Active

Last Revised: April 23, 2021

The procedures set forth in this regulation do not supersede any protection complainants are provided under existing state or federal law.

Definitions

1. Complainant means an applicant, employee, student or vendor who alleges that they have been subjected to discrimination, which may be a violation of this policy, as well as a violation of federal or state law or associated regulations, which has affected him/her.
2. Complaint means any alleged act of discrimination which may be a violation of this policy, which may also violate federal and state civil rights laws or associated regulations.
3. Compliance means the employee designated by the Board of Education to coordinate efforts to comply with and carry out responsibilities under the Civil Rights Act of 1964, Section 504 and the ADA.  The district’s compliance officer is Assistant Superintendent for Pupil Personnel Services.

The investigation and resolution of any complaints alleging an action prohibited by the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act or the ADA will be dealt with in the following prompt, equitable and impartial manner:

A.  Stage I‑‑Compliance Officer

1. As soon as practicable, if possible within 30 days after the events giving rise to the allegation, complainants must file a complaint, preferably in writing using the district’s complaint form, with the Compliance Officer.  The Compliance Officer may informally discuss the complaint with the complainant and will promptly and thoroughly investigate the matter.  All employees and students of the school district must cooperate with the Compliance Officer in such investigation.
2. Within 15 days of receipt of the complaint, the Compliance Officer will make a finding in writing that there has or has not been a violation of the Civil Rights Act, Section 504 of the Rehabilitation Act or the ADA.  In the event the Compliance Officer finds that there has been a violation, they will propose a resolution of the complaint.
3. If the complainant is not satisfied with the finding of the Compliance Officer, or with the proposed resolution of the complaint, the complainant may, within 15 days after receiving the report of the Compliance Officer, file a written request for review by the Superintendent of Schools.

B.  Stage II‑‑Superintendent of Schools

1. The Superintendent may request that the complainant, the Compliance Officer, student, or any member of the school district staff present a written statement setting forth any information that such person has relative to the complaint and the facts surrounding it.
2. The Superintendent will notify all parties concerned as to the time and place when an informal hearing will be held where such parties may appear and present oral and written statements supplementing their position in the case. Such hearing will be held within 15 school days of the receipt of the appeal by the Superintendent.
3. Within 15 days of the hearing, the Superintendent will render a determination in writing.  Such determination will include a finding that there has or has not been a violation of the Civil Rights Act, Section 504 of the Rehabilitation Act or the ADA, and if applicable, a proposal for equitably resolving the complaint.
4. If the complainant is not satisfied with the determination of the Superintendent or the proposed resolution, the complainant may, within 15 days after its receipt, file with the Clerk of the Board of Education, a written request for review by the Board.

C.        Stage III‑‑Board of Education

1. When a request for review by the Board has been made, the Superintendent will submit all written statements and other materials concerning the case to the President of the Board.
2. The Board will notify all parties concerned of the time and place when a hearing will be held.  Such hearing will be held within 15 school days of the receipt of the request of the complainant. 
3. The Board will render a decision in writing within 15 days after the hearing has been concluded.

Adoption date: April 18, 2023