This administrative guideline is established to assist in the proper implementation of Policy 2260. The District will follow the complaint procedures under Section 118.13, Wisconsin Statutes, unless the complaint relates to the provisions of a free appropriate public education (FAPE) under Part 104 of Section 504.

That policy states:

The Board of Education does not discriminate on the basis of Protected Classes of race; color; religion; national origin; sex (including transgender status, change of sex or gender identity); ancestry; creed; pregnancy; marital status; parental status; sexual orientation; or physical, mental, emotional, or learning disability, or any other characteristic protected by Federal or State law in its programs, or activities. (Collectively "Protected Classes") in its educational programs or activities.

The Board also does not discriminate on the basis of Protected Classes in its employment policies and practices as they relate to students, and does not tolerate harassment of any kind.

Equal educational opportunities shall be available to all students, without regard to the Protected Classes, age (unless age is a factor necessary to the normal operation or the achievement of any legitimate objective of the program/activity), place of residence within the boundaries of the District, or social or economic background, to learn through the curriculum offered in this District. Educational programs shall be designed to meet the varying needs of all students.

The District’s Compliance Officers shall handle inquiries regarding the Board’s nondiscrimination policies and address any complaint of discrimination.

The District will identify, evaluate and provide a free appropriate public education to students with disabilities (i.e., students who have a physical or mental impairment that substantially limits one or more major life activities).

The United States Department of Education, Office for Civil Rights ("OCR") considers gender-based harassment to be a form of sex discrimination. In 2010, OCR stated:

Although Title IX does not prohibit discrimination based solely on sexual orientation, Title IX does protect all students, including lesbian, gay, bisexual, and transgender (LGBT) students, from sex discrimination. When students are subjected to harassment on the basis of their LGBT status, they may also be subjected to forms of sex discrimination prohibited under Title IX. The fact that the harassment includes anti-LGBT comments or is partly based on the target’s actual or perceived sexual orientation does not relieve a school of its obligation under Title IX to investigate and remedy overlapping sexual harassment or gender-based harassment.

Courts have endorsed this interpretation of Title IX.

Administrators and professional staff are directed to thoroughly investigate any allegations of gender-based harassment.

Any questions concerning whether alleged conduct might involve gender-based harassment/sex discrimination should be promptly brought to the District Administrator's attention.

The educational program of this District shall be accessible to all students. All programs need to be designed and scheduled so the location or nature of the facility or area will not deny an otherwise-qualified student with a disability the opportunity to participate in the academic or other school program on the same basis as a nondisabled student.

Service animals for students who require this type of assistance shall be permitted access to all facilities, programs, and all events of the District. (See Policy 8390 - Animals on District Property and AG 8390 – Use of Service Animals.)

The educational program includes the academic and nonacademic setting. Each qualified, disabled student shall be educated with nondisabled students to the maximum extent appropriate. In the nonacademic setting, the disabled student shall participate with the nondisabled students to the maximum extent appropriate.

Each principal shall verify that the procedures used with students and parents for selection of and participation in any part of the District's academic, co-curricular, or extra-curricular program do not discriminate on the basis of the Protected Classes (See AG 2411 - Guidance and Counseling).

Students, parents and all other members of the School District community are encouraged to promptly report suspected violations of this policy to a teacher or administrator. Any teacher or administrator who receives such a complaint shall file it with the District’s Compliance Officer at his/her first opportunity and the Complaint Procedure detailed in Policy 2260 – Nondiscrimination and Access to Equal Educational Opportunity, shall be followed.

The due process hearing is an administrative hearing held to resolve disagreements between the parent or guardian and the District. The District is required to establish and implement procedural safeguards that include notice, an opportunity for parents to review relevant records, an impartial hearing with opportunity for parents to review relevant records, an impartial hearing with opportunity for participation by the student’s parent or guardian, representation by counsel and a review procedure. The parent or guardian has the right to request a due process hearing regarding the District’s proposal to or refusal to identify, evaluate, educationally place, or deliver services in any aspect to a student pursuant to the Section 504 regulations. In addition, the District may request a due process hearing to obtain parental consent of an initial evaluation, prove that the District’s evaluation was appropriate, and secure parental consent for initial special educational placement. Finally, the District is required to request a due process hearing when a parent or guardian refuses to provide written consent for a re-evaluation and to move a student to an interim alternative educational setting for up to forty-five (45) days for behavior believed to be dangerous to the student or to others.