The District has established these policies and procedures to ensure that the requirements of State and Federal law are met with respect to preventing and responding to harassment and other forms of discrimination on the basis of disability. The District will not tolerate hostile or abusive treatment, derogatory remarks, or acts of violence because of disability against students, staff, or volunteers with disabilities. The District considers this behavior to constitute discrimination on the basis of disability in violation of Section 504 of the Rehabilitation Act of 1973 (Section 504) and the Americans with Disabilities Act (ADA).

Complaints of harassment on the basis of disability will be addressed and resolved in a fair and expeditious manner with the following procedures. In accordance with District disciplinary procedures, appropriate disciplinary action shall be taken against students who are found to have engaged in disability harassment. In addition to these procedures, students and staff may have rights and procedural safeguards under other school policies or State and Federal law.

The students or staff member complaining of harassment on the basis of disability shall complete a written statement briefly describing the harassing behavior and the alleged harasser. If a student making a complaint requires assistance in providing a written statement, such assistance will be provided by a staff member (e.g., students with learning disabilities in reading or writing may choose to dictate their complaint statement). District staff may ask additional questions regarding the alleged harassment and document relevant responses.

The building principal or their designee shall take reasonable steps to investigate the complaint and gather appropriate evidence and documentation, taking into consideration the nature and seriousness of the complaint, to promptly address and resolve the complaint. Designees may interview the complainant, gather statements from students and staff, gather other relevant evidence, or take appropriate action upon observing acts of disability-related harassment. Allegations of disability harassment involving the building principal or their designee shall be referred directly to the Section 504 coordinator.

No later than ten (10) working days after the date of each complaint, the building principal or designee shall schedule a meeting with the complainant to discuss the complaint, the results of the school's investigation, and the building principal or designees recommended action. The building principal or designee shall inform the complainant in writing, of the right to appeal to the Section 504 coordinator, and where to contact the Section 504 coordinator for that purpose.

If a student or staff member is dissatisfied with the action recommended by the building principal or designee, they may appeal the decision to the Section 504 coordination by requesting a review in writing. If a student or staff member with a disability making a complaint requires assistance in providing a written statement requesting an appeal, such assistance will be provided by a staff member. The Section 504 coordinator may apply regular Section 504 complaint or grievance procedures to these appeals, and address and respond to the appeal under the Section 504 grievance timelines. The timeline for the Section 504 coordinator to make a determination on the appeal, however, shall in no event exceed ten (10) working days from the date of the Section 504 coordinator's receipt of the written appeal. The Section 504 coordinator shall inform the complainant in writing, of the right to appeal to the Superintendent or designee, and where to contact the Superintendent or designee for that purpose.

Either the building principal, their designee, or the Section 504 coordinator may choose to address and respond to the complaint by offering to conduct a mediation/conflict resolution session between the complainant and the alleged harasser in an attempt to reach a mutually agreeable resolution to the complaint.

A student or staff member dissatisfied with the action or decision of the Section 504 coordinator may appeal the decision to the Superintendent or their designee for these purposes. Such appeal shall be requested in writing. If a student or staff member with a disability making a complaint requires assistance in providing a written statement requesting an appeal, such assistance will be provided by a staff member. The Superintendent or designee shall reach a determination and take appropriate action within ten (10) working days after the receipt of a written appeal from the Section 504 coordinator's decision.

If the matter has not been satisfactorily resolved through the above processes, further appeal may be made to the Office of Civil Rights, Department of Education, Washington, D.C. 20201.

These procedures acknowledge that students who are subjected to disability-related harassment may request due process hearing under either Section 504 or IDEA if they believe that disability harassment has resulted in a denial of FAPE (Free and Appropriate Education). In addition, such students and staff may have additional rights to initiate a civil action under Section 504 or IDEA in the appropriate court, although exhaustion of administrative remedies may be required prior to initiating a court action.

Failure on the part of a student or staff member making a complaint to take the action required in these procedures may result in the closing of a complaint, although building principals and designees may take appropriate action on their own accord, as necessary to ensure compliance with law and this policy. Failure on the part of a building principal, designee, or Section 504 coordinator to take action with required timelines shall move the complaint to the next appeal level automatically.

In investigating and responding to disability harassment complaints, school staff members must comply with the requirements of the Family Educational Rights and Privacy Act (FERPA), its implementation regulations and applicable local confidentiality policies. Students, their parents/guardians, or staff members making a disability harassment complaint shall be provided access to records related to the complaint, including statements of students or staff, in accordance with FERPA, unless such access is prohibited by FERPA or local policy.

Adopted 1/23/01