The Board is committed to a policy of nondiscrimination on the basis of disability under all applicable laws, including but not limited to Section 504 of the Rehabilitation Act of 1973 ("Section 504") and Title II of the Americans with Disabilities Act ("ADA"). Section 504 and the ADA provide that no otherwise qualified student or prospective student with a disability shall, solely by reason of a disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any District program or activity. The District does not unlawfully discriminate on the basis of disability in access or admission to, or treatment or employment in, its programs or activities.
-
- Designated Employee(s). The Board of Education shall designate District Equity Compliance Officer(s) to carry out the Section 504 and ADA Noncompliance/Equal Opportunity Complaint and Compliance Process. See AC-E-1.
- Complaints under this policy may also be made to Executive Directors, building administrators, or their designees, and may be investigated and resolved at the building level if appropriate.
- Student discrimination allegations involving the conduct of employees will be reported to District Office of Human Resources shall also be responsible for continuing oversight of the District's programs and activities regarding compliance with Section 504, and the ADA, and all pertinent regulations. The District Equity Compliance Officer(s) will coordinate with the person under AC-E-1 designated to assist with Section 504 compliance to develop of all necessary District procedures and regulations.
- The District shall annually notify students, employees, and members of the public regarding the District's policy and grievance procedures and name or title, office, address and telephone number of the District Equity Compliance Officer(s). Notification shall be made by posting such notice on the District website.
- The District shall notify applicants for admission, students, parent/guardians, sources of referral of applicants for admission, employees and applicants for employment, and members of the public that it does not discriminate on the basis of disability in the programs or activities which it operates and that it is required by Section 504 and the ADA not to discriminate in such a manner. The notification shall be made in the form and manner required by law or regulation.
- Disability.
- Under Section 504 and the ADA, a person with a disability is one who:
- has a physical or mental impairment that substantially limits one or more major life activities;
- has a record of such an impairment; or
- is regarded as having such an impairment.
Individuals may also qualify as having a disability under the Individuals with Disabilities Education Act ("IDEA").
- Opportunity to Benefit. The District is required to provide a Qualified Student with a disability an opportunity to benefit from the District's programs and activities equal to that of students without disabilities. An opportunity to benefit may include providing aid, benefits, or services necessary to provide the student with a disability the same opportunity to obtain the same result, gain the same benefit, or reach the same level of achievement in the most integrated setting appropriate to the student's needs.
- Qualified Student means:
- A student who meets the age requirements necessary to participate in a particular District program or activity,
- A student of any age for which it is mandatory under state law to provide such services to persons with disabilities, or;
- A person to whom a state is required to provide a free appropriate public education ("FAPE") under the IDEA.
- A Qualified Student does not mean that the student must be allowed to participate in any selective or competitive program offered by the District, and the student may be required to show a level of skill or ability to participate in selective or competitive programs or activities.
- Reporting. The District's denial of a student with a disability an opportunity or benefit to access a District program or activity that is afforded to students without disabilities in violation of this policy may be reported by anyone, including but not limited to students, parents/guardians, or District staff. Reports should be made immediately to an Executive Director, building administrator, or a designee for review. Reports may also be made to the District Equity Compliance Officer(s).
- Investigation. If a report is made, the District will review the allegation and determine the appropriate level for investigation and intervention.
- Students may access supportive measures at any time. Supportive measures include appropriate interventions to support the students during an investigation and facilitate the student's access to District programs and activities.
- The investigator will apply a preponderance of the evidence standard for denial of access investigations.
- Based on the findings of the investigation, the District will take prompt and effective steps to address any denial of benefit or unequal treatment. This may include continuing supportive measures reasonably calculated to address any denial of benefit or unequal treatment based on disability, and implementing remedies to prevent any denial of benefit from occurring in the future.
- Any denial of benefit impacting a student's ability to access their FAPE may require the school to convene an IEP or Section 504 team to address any necessary changes or amendments to remedy the denial.
- Harassment. State and federal law prohibit all harassment, including harassment based on disability.
- Harassment which is prohibited under this policy includes unwelcome conduct that may include verbal abuse, graphic or written statements, physical assault, or other conduct that may be threatening, harmful, or humiliating based on a student's actual or perceived disability. Harassment does not have to include intent to harm, be directed at a specific target, or involve repeated incidents. Bullying, on the basis of disability, constitutes harassment under this policy.
- Harassment creates a hostile environment based on a totality of the circumstances when the harassing conduct is sufficiently severe, pervasive, or persistent so as to interfere with or limit a student's ability to participate in or benefit from the services, activities, or opportunities offered by the District.
- Relevant factors to consider when determining whether a hostile environment exists includes but are not limited to the context, nature, scope, frequency, duration, and olfaction of the harassment.
- Reporting. Harassment of students in violation of this policy may be reported by anyone including but not limited to students, parents/guardians, or District staff. Reports should be made immediately to an Executive Director, building administrator, or a designee for investigation. Reports may also be made to the District Equity Compliance Officer. Reports of harassment may be referred to the building administrator or HR for investigation if appropriate.
- Investigation. If a report is made, the District will review the allegation and determine the appropriate level for investigation and intervention.
- All students are entitled to appropriate supportive measures in response to an allegation of harassment, which includes appropriate supports and interventions to support students during an investigation and facilitate the student's access to District programs and activities.
- The investigator will apply a preponderance of the evidence standard for harassment investigations.
- Based on the findings of the investigation, the District will take prompt and effective steps, which may include continuing supportive measures, or additional remedies reasonably calculated to end the harassment, eliminate or prevent a hostile environment, and prevent harassment from occurring in the future.
- Harassment that denies or limits a student's ability to access their FAPE may require the school to convene an IEP or Section 504 team to address the impact of the harassment and make any necessary changes or modifications to remedy the harassment and support students accessing their FAPE.
VII.FERPA. Pursuant to the Family Education Rights and Privacy Act ("FERPA") and CCSD Board Policy JRC, the District and/or school may be restricted from sharing student specific information regarding other students, including specific discipline or supportive measures accessed by other students.
VIII.Discipline. Students that harass other students may be subject to discipline in accordance with Board policy.
IX. Retaliation. Retaliation against any person for reporting, being the subject of an allegation or complaint, or who participated in an investigation under this policy is strictly prohibited. Reports of retaliation should be made to the building administrator or their designee immediately to be investigated and addressed.
| Legal References: |
29 U.S.C. § 701 et seq. (Section 504 of the Rehabilitation Act) |
|
42 U.S.C. § 12101 et seq. (Americans with Disabilities Act) |
|
34 C.F.R. § 104 et seq. (Non-Discrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance) |
|
C.R.S. § 22-1-143 (harassment or discrimination) |
|
|
