2260 - NONDISCRIMINATION AND ACCESS TO EQUAL EDUCATIONAL OPPORTUNITY

Wapakoneta City Schools

Bylaws & Policies

2260 - NONDISCRIMINATION AND ACCESS TO EQUAL EDUCATIONAL OPPORTUNITY

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 children to achieve their maximum potential through the classroom and extracurricular programs offered in the District regardless of race, color, creed, disability, religion, gender, ancestry, national origin, place of residence, or socio-economic background.

The Director of Operations is the District's Section 504 Coordinator. The Coordinator can be reached at:

	Address:	1102 Gardenia Drive
		Wapakoneta, Ohio 45895

	Phone number:	419-739-2902

	Facsimile number:	419-739-2918

The Director of Operations may refer matters relating to students to the Special Education Officer, who can provide information about placement and services for students with disabilities under Section 504.

Grievance Procedures for Section 504 and ADA

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. This same grievance procedure will be used for any other federal law requiring a grievance procedure. A copy of the District's grievance procedure may be obtained from the District's 504 Coordinator.

A person who believes s/he has a valid basis for a grievance may discuss the grievance informally and on a verbal basis with the District's 504 Coordinator, who shall in turn investigate the complaint and reply with an answer to the complaint. S/He may initiate formal procedures according to the following steps:

Step 1-	District's 504 Coordinator's Investigation. A person who believes s/he has a valid basis for a grievance may initiate a grievance by completing the Section 504/ADA Grievance filing form and providing it to the District's 504 Coordinator. 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 thirty (30) calendar days after disclosure of the facts giving rise to the grievance. The District's 504 Coordinator shall conduct an investigation which includes a meeting with the person filing the grievance within five (5) school days following receipt of the request. At the meeting, the person filing the grievance may present witnesses and other evidence concerning the grievance. The District's 504 Coordinator will state in writing his/her decision to the individual within five (5) school days following the conference.

	If the grievance is filed against the 504 Coordinator, the grievance shall be investigated by the Superintendent and Step 2 will be skipped.

	If the 504 Coordinator determines that discrimination has occurred, the School District will take reasonable, timely, age appropriate, and effective corrective action, including steps tailored to the specific situation.

Step 2-	Appeal to the Superintendent. If the grievance is not resolved satisfactorily at Step 1, the District's 504 Coordinator's decision may be appealed in writing to the Superintendent. (If the Superintendent is the District's 504 Coordinator, Step 2 will be skipped. The Appeal is to Step 3.) The appeal must be made within ten (10) school days following the receipt of the District's 504 Coordinator'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 of Education. If the grievance is not satisfactorily resolved through Step 2, a written appeal may be made to the Board of Education. 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 the appeal. The parties can agree to extend the time for the hearing. The Board or designee shall give the complaint 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 504 Coordinator and complainant within ten (10) school days of the hearing.

	The person wishing to file a grievance may also file a complaint at any time with the U.S. Department of Education, Office for Civil Rights, 600 Superior Avenue East, Suite 750, Cleveland, OH 44114-2611.

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 of Education, 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 School 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 504 Coordinator will appoint an IHO from that list, and the costs of the hearing shall be borne by the School 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 include 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 504 Coordinator

	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 504 Coordinator.

See Form 2260 F3 - Section 504/ADA Grievance Filing Form (Titles VI, IX Grievance Form)

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 10/18/03
Revised 7/04
Revised 4/16/07
Revised 1/27/09
Revised 4/12/11
Revised 11/22/11