| Streetsboro City School District |
| Bylaws & Policies |
1510 - RIGHTS OF DISABLED OR HANDICAPPED PERSONS
It is the policy of the Board of Education that no otherwise qualified person shall, solely by reason of his/her disability or handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity sponsored by this Board.
As used in this policy, "disabled or handicapped person" means a person who has, or had, or is regarded, or was regarded as having a physical or mental impairment which substantially limits one (1) or more life activities as defined by Section 504, Rehabilitation Act of 1973 and The Americans with Disabilities Act, or a person who has been identified as or is eligible for services under the Individuals with Disabilities Education Act.
Notice of the Board's policy on nondiscrimination in employment and education practices shall be given in the Board policy manual, posted throughout the District, and published in any District statement regarding the availability of employment positions or special education services.
Employment
No employee or candidate for employment shall be discriminated against in recruitment, employment, promotion, training, or transfer solely because of his/her disabling or handicapping condition.
No candidate for employment shall be required to answer a question regarding a disabling or handicapping condition, and no such candidate will be discriminated against on the basis of a disabling or handicapping condition that is not directly related to the essential function of the position for which s/he has applied.
Reasonable modifications in scheduling and the allocation of duties, not directly affecting the instructional program, shall be made to accommodate employment conditions to the needs of disabled or handicapped persons.
Facilities
The educational program of this District shall be equally accessible to all students at each grade level. Barrier-free access to school facilities shall be provided to the extent that no disabled or handicapped person is denied an opportunity to participate in a District program available to nondisabled or nonhandicapped persons.
Program
The Board directs that all reasonable efforts be made to identify unserved disabled or handicapped children of this District eligible for special education and/or related services in accordance with Board policy. A free, appropriate, public education shall be provided for each child determined to be in need of special education and/or related services. Such a program of special education shall be provided in the least restrictive environment and in barrier-free facilities comparable to those provided for nondisabled or nonhandicapped students. To the maximum extent appropriate to the student's disability or handicap, a disabled or handicapped student shall be placed in the educational setting with nondisabled or nonhandicapped or less severely disabled or handicapped students.
No student will be denied, because of his/her disability or handicap, participation in co-curricular, intramural or interscholastic activities, or any of the services offered or recognitions rendered regularly to the students of the District.
The due process rights of disabled or handicapped students and their parents will be rigorously enforced.
Enforcement
The Superintendent/designee is designated as compliance officer to ensure compliance with the policy. A complaint regarding a violation of law and this policy in an
employment decision shall be subject to a grievance procedure that provides for the prompt and equitable resolution of disputes. The grievance procedure shall follow these steps:| A. | The grievant will file a written complaint, stating the specific facts of his/her grievance and the alleged discriminatory act, with the compliance officer. | |
| B. | The compliance officer shall make all reasonable efforts to resolve the matter informally at the administrative level most immediate to the complaint. | |
| C. | In the event the complaint cannot be resolved informally, the compliance officer will convene an informal hearing, no later than ten (10) calendar days after the filing of the complaint, at which both the grievant and the administrator responsible for the disputed action may present testimony and documents relevant to the complaint. Witnesses may be called and cross-examined. Detailed minutes of the hearing will be made and kept; a copy of the minutes will be made available to each party. Within ten (10) calendar days of the hearing, the compliance officer will provide a written copy of his/her determination to both parties. | |
| D. | The grievant may appeal the determination of the compliance officer to the Board of Education within ten (10) calendar days of the receipt of the compliance officer's determination. The appeal shall be in writing and attached to copies of the original complaint, the minutes of the hearing, and the written determination of the compliance officer. The Board may, in its discretion, convene a hearing at which the parties may present additional testimony and argument. | |
| E. | Within ten (10) calendar days of the filing of appeal, the Board shall provide both parties with a written decision. |
Employees
of this District shall be informed that a complaint may be filed without reprisal by the Board or any of its employees or agents. The grievant shall be notified of his/her rights of appeal at each step of the process, and accommodations to the needs of disabled grievants shall be made.A complaint regarding the identification, evaluation, classification, or educational program of an educationally disabled or handicapped student shall be governed by the due process rules and by the conflict resolution process established by Board policy.
Evaluation and Compliance
The Board of Education directs the Superintendent to evaluate District programs and practices on nondiscrimination, in accordance with law, and to report evaluations to the Board. The Board will submit such assurances of compliance as are required by law.
29 U.S.C. 794 (Sec. 504, Rehabilitation Act of 1973)
45 C.F.R. Part 84
20 U.S.C. 1401 et seq. (P.L. 94-142)