2260 - NONDISCRIMINATION AND ACCESS TO EQUAL EDUCATIONAL OPPORTUNITY </FONT><FONT FACE="Bookman Old Style" COLOR="#000080"> </FONT><FONT FACE="arial, helvetica, verdana,Times New Roman" COLOR="#000080">(504/ADA GRIEVANCE PROCEDURE)

McComb Local School District

Bylaws & Policies

2260 - NONDISCRIMINATION AND ACCESS TO EQUAL EDUCATIONAL OPPORTUNITY (504/ADA GRIEVANCE PROCEDURE)

Section I

Any form of discrimination or harassment can be devastating to an individual's academic progress, social relationship and/or personal sense of self-worth. Therefore, the Board of Education will not discriminate nor tolerate harassment in its educational programs or activities for any reasons, including on the basis of religion, race, color, national origin, sex, disability, military status, ancestry, age, or genetic information. Additionally, it will not discriminate in its employment policies and practices.

The Board is committed to providing an equal opportunity for all students, regardless of race, color, creed, disability, religion, gender, ancestry, age, national origin, place of residence within the boundaries of the District, or social or economic background, to learn through the curriculum offered in this District.

In order to achieve the aforesaid goal, the Board directs the Superintendent to:

	A.	Curriculum Content

		review current and proposed curriculum guides and textbooks to detect any bias based upon race, color, gender, religion, national origin, ancestry, or culture; ascertaining whether or not supplemental materials, singly or taken as a whole, fairly depict the contribution of both genders, various races, ethnic groups, etc. toward the development of human society;

	B.	Staff Training

		develop an ongoing program of in-service training for school personnel designed to identify and solve problems of race, color, sexual, religious, national origin, cultural, or other bias in all aspects of the program;

	C.	Student Access

		review current and proposed programs, activities, facilities, and practices to verify that all students have equal access thereto and are not segregated on the basis of race, color, creed, gender, disability, or national origin in any duty, work, play, classroom, or school practice, except as may be permitted under State and Federal laws and regulations;

	D.	District Support

		verify 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, and guidance and counseling materials, which 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 race, color, creed, gender, or national origin.

The Superintendent shall appoint and publicize the name of the compliance officer whose responsibility it will be to coordinate the District's efforts to comply with 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 denial of equal access. The Compliance Officer shall also verify that proper notice of nondiscrimination for Title II, 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, the Americans with Disabilities Act, and the Age Discrimination in Federal Assisted Programs Act is provided to students, their parents, staff members, and the general public.

The Superintendent shall annually attempt to identify children with disabilities, ages 3-22, 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 (LEP), 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).

The Superintendent shall ensure that proper notice of nondiscrimination for Title II, Title VI, and VII of the Civil Rights Act of 1964, Tile IX of the Education Amendment Act of 1972, Section 504 of the Rehabilitation Act of 1973, and the Age Act is provided to students, their parents, staff members, and the general public.

The Board hereby designates the Superintendent or his/her designee as the District's compliance officer. The address and telephone number of the District's compliance officer is 328 South Todd Street, McComb, Ohio 45858-0877, telephone (419) 293-3979. The compliance officer will coordinate efforts to comply with this policy and to investigate complaints.

Section II - Grievance Procedure

This grievance procedure may be used for a complaint alleging a violation of Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act. A copy of the District's grievance procedure may be obtained from the District's compliance officer.

A person who believes s/he has a valid basis for a grievance shall discuss the grievance informally and on a verbal basis with the District's compliance officer, who shall in turn investigate the complaint and reply with an answer to the complainant. S/He may initiate formal procedures according to the following steps:

	Step 1	District's Compliance Officer Conference

		A person who believes s/he has a valid basis for a grievance may initiate a grievance by making a written request for a conference with the District's compliance officer to discuss the complaint and seek resolution. The request shall fully describe the grievance, citing the specific circumstances or areas of dispute which have resulted in the complaint, and be filed as soon as possible, but not longer than ten (10) days after disclosure of the facts giving rise to the grievance. The District's compliance officer shall conduct the conference within five (5) school days following receipt of the request. The District's compliance officer will state in writing his/her decision to the individual within five (5) school days following the conference.

	Step 2	Appeal to the Superintendent

		If the grievance is not resolved satisfactorily at Step 1, the District's compliance officer's decision may be appealed in writing to the Superintendent. (If the Superintendent is the District's compliance officer, Step 2 will be skipped. The appeal is to Step 3.) The appeal must be made within five (5) school days following the receipt of the District's compliance officer's decision. The Superintendent will review the case, may conduct an informal hearing, and will notify all parties in writing of his/her decision within ten (10) school days of receiving the appeal.

	Step 3	Appeal to the Board

		If the grievance is not satisfactorily resolved through Step 2, a written appeal may be made to the Board. The grievance must be filed with the Superintendent's office within five (5) school days of the Superintendent's written decision at Step 2.

		The Board or its designee will conduct a hearing regarding the alleged grievance within thirty (30) school days of filing of the appeal. The parties can agree to extend the time for the hearing. The Board or designee shall give the complainant a full and fair opportunity to present evidence relevant to the issues raised by the grievance. The complainant may, at his/her own expense, be assisted or represented by individuals of their choice, including legal counsel. The Board or designee will make a written decision to the District's compliance officer and complainant within ten (10) school days of the hearing.

Section III - Due Process Hearing Procedure

	A.	When a request for a due process hearing is received, the aggrieved party will have the opportunity to receive a hearing conducted by an Impartial Hearing Officer ("IHO") (i.e., by a person not employed by the Board, not involved in the education or care of the child, and not having a personal or professional interest which would conflict with his/her objectivity in the hearing).

	B.	The parties can agree to refer the due process issue to mediation. The mediator may be selected from the Office for Exceptional Children.

	C.	The District will maintain a list of IHOs, which may include IDEA hearing officers, attorneys, and directors of special education outside the District. The District's compliance officer may appoint an IHO from that list, and the costs of the hearing shall be borne by the District. The appointment of an IHO will be made within fifteen (15) school days after the request for a due process hearing is received.

D.	A party to a due process hearing shall have:

	1.	the right to be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities;

	2.	the right to present evidence, confront, and cross-examine witnesses;

	3.	the right to a written or electronic verbatim record of such hearing; and

	4.	the right to written findings of fact and decisions.

E.	The IHO shall conduct the due process hearing within a reasonable period of time (i.e., not to exceed ninety (90) days of the request for such a hearing, unless this time-frame is mutually waived by the parties or is determined by the IHO to be impossible to comply with due to extenuating circumstances).

F.	The IHO will give the parent and/or student written notice of the date, time, and place of the hearing. Notice will be given no less than twenty-one (21) days prior to the date of the hearing, unless otherwise agreed to by the parties.

G.	The person filing the grievance may be represented by another person of his/her choice, including an attorney.

H.	The IHO shall make a full and complete record of the proceedings.

I.	The IHO shall render a decision in writing to the parties within thirty (30) days following the conclusion of the hearing. The decision will including findings of fact.

J.	Either party shall have a right to appeal the decision of the IHO upon filing a written request for an appeal within fifteen (15) days of the date of the IHO's written decision. The appeal request must be timely filed with the District's compliance officer.

	K.	In the request for an appeal, the requesting party shall specifically set forth the reasons the party feels the decision of the IHO is either contrary to and not supported by the evidence, or is otherwise contrary to law.

	L.	The appeal shall be heard by another IHO, who shall be appointed by the District's compliance officer.

A.C. 3301-35-02(A)
R.C. 3301.0711, 3302.01, 3302.03, 3313.61, 3313.611, 3313.612, 3317.03
Fourteenth Amendment, U.S. Constitution
20 U.S.C. Section 1681, Title IX of Education Amendment Act
20 U.S.C. Section 1701 et seq., Equal Educational Opportunities Act of 1974
29 U.S.C. Section 794, Rehabilitation Act of 1973
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.
42 U.S.C. 12101 et seq., The Americans with Disabilities Act of 1990
29 C.F.R. Part 1635
34 C.F.R. Part 110 (7/27/93)
Vocational Education Program Guidelines for Eliminating Discrimination and Denial
of Services, Department of Education, Office of Civil Rights, March 1979
Title III of the No Child Left Behind Act of 2001

Revised 10/93
Revised 12/10/03
Revised 1/05
Revised 8/10/05
Revised 11/8/06
Revised 7/13/11