Anti-Discrimination and Harassment Policies
S07- Student and Parent Bill of Rights / Responsibilities
The Board of Education recognizes that students possess not only the right to an education but many of the rights of citizenship as well.
In providing students the opportunity for an education to which they are entitled, the Board shall attempt to offer nurture, counsel, and custodial care appropriate to their age and maturity. At the same time, the Board recognizes that no student may be deprived of the basic right to equal access to the educational program, and his/her constitutional right to due process and free expression and association as appropriate for the school environment.
Attendant to the rights afforded to each student, however, are certain responsibilities, which include respect for the rights of others, obedience to properly constituted school authority, and compliance with the guidelines and rules of the District.
The Board realizes that as students differ in age and maturity, so they differ in ability to handle both the rights of citizens and the concomitant responsibilities. The exercise of each right shall be granted, therefore, with due regard for the degree of responsibility possessed by the student and the student’s need for the continuing guidance and control of those responsible for his/her education.
Since a student who has reached the age of majority possesses the full rights of an adult, s/he may authorize those school matters previously handled by his/her parents, but s/he also assumes the responsibility for his/her performance in school, attendance, and compliance with school rules.
Parents also have rights in the school system to know about their student’s educational experience.
In addition, parents have the right to inspect any instructional materials used as part of the educational curriculum for their student. Instructional materials means instructional content, regardless of format, that is provided to the student, including printed or representational materials, audio-visual materials, and materials available in electronic or digital formats (such as materials accessible through the Internet). Instructional material does not include academic tests or academic assessments.
Parents shall have access to the physical examinations administered by the school.
The Principal shall, in consultation with parents, develop a procedure addressing the right of parents as described herein and procedures to assure timely response to parental requests to review instructional material. The procedure shall also address reasonable notification to parents and students of their rights to review these materials.
This policy shall not supercede any rights under the Family Education Rights and Privacy Act.
No student shall be required, as part of any applicable program, to submit to a survey, analysis, or evaluation that reveals information concerning—
(1) political affiliations or beliefs of the student or the student’s parent;
(2) mental or psychological problems of the student or the student’s family;
(3) sex behavior or attitudes;
(4) illegal, anti-social, self-incriminating, or demeaning behavior;
(5) critical appraisals of other individuals with whom respondents have close family relationships;
(6) legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;
(7) religious practices, affiliations, or beliefs of the student or student’s parent; or
(8) income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program),without the prior consent of the student (if the student is an adult or emancipated minor), or in the case of an unemancipated minor, without the prior written consent of the parent.
S09- Access to Equal Educational Opportunity
It is the policy of the School to provide an equal opportunity for all children to achieve their maximum potential through the curriculum offered regardless of race, color, creed, disability, religion, sex, ancestry, national origin, social or economic background, or other legally protected category.
The Board appoints the director to be the Compliance Officer whose responsibility it will be to ensure that Federal and State regulations are complied with and that any complaints are dealt with promptly in accordance with law. S/He shall also ensure that proper notice of nondiscrimination rights under applicable laws is provided to students, their parents, staff members, and the general public.
Any complaints shall be addressed in accordance with the provisions, respectively, of:
- 204 – Title IX Grievance Procedure and/or
- 206 – Title I Complaint Procedure and/or
- 209 – Rehabilitation Act, U.S. Code, Section 504 Grievance Procedure.
S10- Title IX Coordinator and Grievance Policy
The School intends to comply with Title IX of the Education Amendments Act of 1972, which states, in part: “No persons in the United States shall on the basis of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving financial assistance….”
The Principal or the Designee shall be the Compliance Officer/Title IX Coordinator and is responsible for investigating any complaint alleging noncompliance with Title IX.
TITLE IX GRIEVANCE PROCEDURE
The Title IX Grievance Procedure listed below is meant to provide for prompt and equitable resolution of Student and employee complaints. All attempts should be made to resolve grievances at the lowest level possible.
Level I — Informal Procedure
If a student or employee believes there is a basis for a grievance related to Title IX, he/she may present the grievance to the Title IX Coordinator within fifteen (15) calendar days of the conduct alleged to be in violation of Title IX. The Title IX Coordinator shall investigate the alleged grievance. The Title IX Coordinator and the Student or employee shall meet in an effort to resolve the matter informally. The Title IX Coordinator shall make a decision on the grievance and shall give that decision orally to the Student or employee.
Level II — Formal Procedure (School Board)
If the Student or employee believes that there still is a basis for a grievance, he or she may make a written statement of the grievance to the School Board. This written statement must be filed within ten (10) working days of the date of the Title IX Coordinator’s decision, and shall state the date and nature of the alleged grievance and the relief sought. If the grievant is a Student, the Title IX Coordinator shall assist in preparing the written statement and assure it is timely filed.
The School Board shall make a decision on the grievance and shall give that decision in writing to the Title IX Coordinator and the Student or employee.
Level III — Office for Civil Rights
If the Student or employee is not satisfied with the School Board’s decision, he/she may appeal it to the Office for Civil Rights.
S11- Title I Services
The Board elects to augment the educational program of educationally disadvantaged Students by the use of Federal funds and in accordance with Title I of the Amendments in the Elementary and Secondary School Improvement Act of 1965.
The director shall prepare and present to the Department of Education a plan for the delivery of services which meets the requirements of the law, including those described below. The plan shall be developed by appropriate staff members and Parents of Students who will be served by the plan.
The School shall annually assess the educational needs of eligible children, as determined by Federal and State criteria. Such assessment shall include performance measures mandated by the Department of Education, as well as those determined by the School professional staff, that will assist in the diagnosis, teaching, and learning of the participating Students.
The School shall determine whether the funds will be used to upgrade the educational program of the entire School and/or to establish or improve programs that provide services only for eligible Students in greatest need of assistance. The program shall include the components required by law as well as those agreed upon by participating staff and Parents.
The Title I program shall be developed and evaluated in consultation with Parents and professional staff members involved in its implementation. Appropriate training will be provided to staff members who provide Title I services. Parent participation shall meet the requirements of Section 1118 of the Act.
- Comparability of Services
Title I funds will be used only to augment, not to replace, State and local funds. The director shall take steps as necessary to achieve comparability of services.
The determination of the comparability of services may exclude, in accordance with Federal regulations, State and local funds spent on compensatory education programs, bilingual education programs, and programs for educationally-disabled Students. The determination of comparability will not take into account unpredictable changes in Student enrollments or personnel assignments.
- Professional Development
The director shall develop administrative guidelines whereby members of the professional staff participate in the design and implementation of staff development activities that meet the requirements of Section 1119 of the Act and:
- involve Parents in the training, when appropriate;
- combine and consolidate other available Federal and School funds; and
- foster cooperative training with institutions of higher learning and other educational organizations including other school districts.
- Simultaneous Services
In accordance with law, a school offering Title I services may also serve other Students with similar needs.
Title 1 – Parents’ right to know
In accordance with the requirement of Federal law, for each school receiving Title I funds, the Principal shall make sure that all parents of students in that school are notified that they may request, and the Principal will provide the following information on the student’s classroom teachers:
- Whether the teacher(s) have met the State qualification and licensing criteria for the grade levels and subject areas they are teaching.
- Whether the teacher(s) is teaching under any emergency or provisional status in which the State requirements have been waived.
- The undergraduate major of the teacher(s) and the area of study and any certificates for any graduate degrees earned.
- The qualifications of any paraprofessionals providing services to their child(ren).
- In addition, the parents shall be provided:
- information on the level of achievement of their child(ren) on the required State academic assessments;
- timely notice if the student is assigned to a teacher who is not “highly qualified” as required, or if the student is taught for more than four (4) weeks by a teacher who is not highly qualified.
The notices and information shall be provided in an understandable and uniform format, and to the extent practicable, in a language the parent(s) understand.
S12- Title I Complaint Procedure
Every effort is made to resolve conflict at the building level. If the individual feels a violation of a federal statute or regulation has occurred, they may initiate the following complaint procedure:
- The individual speaks directly with the staff person involved (if applicable).
- If not satisfied, the individual notifies the Building Level Administrator of the issues surrounding the complaint.
- If the individual continues to feel Federal Requirements are not being met, a written complaint should be used and forwarded to school superintendent. The written complaint should include:
- A statement of violation of federal requirement
- The facts on which the statement is based
- The sequence of events including date and persons involved
- The letter must be signed and dated by the complainant
- The Superintendent, or his/her designee, investigates the complaint and contacts the individual initiating the complaint.
- If the complaint is not mediated, the Superintendent contacts the School Board Chair to have the issue placed on the agenda of the next scheduled School Board Meeting
S13- Religion in the Schools
School recognizes that our student body is composed of a diverse range of philosophical, moral and religious beliefs. School is dedicated to accommodating the religious, philosophical and moral beliefs of its student body in accordance to State and Federal laws governing the function of religious, moral and philosophical expression in publicly funded institutions. In accordance to these laws, School does not endorse religious activity or doctrine, or coerce participation in any religious activity. Schools may not discriminate against private religious expression by students and will not tolerate intimidation, coercion or harassment of any student or staff member based on religious preference. With respect to prayer in school, no staff member or administrator will establish or lead any sort of religious observance during instructional time. Instructional time is defined as regular class time (scheduled classes, including study halls). School shall make accommodations to relieve substantial burdens on students’ religious exercise. For example school may excuse students from class to remove a significant burden on their religious exercise, where doing so would not impose material burdens on other students. Students who miss school for the observance of religious holidays will be permitted to make up assignments (or be provided an alternate assessment) providing an excuse.
S14- Rights of Individuals with Disabilities
It is the policy of the School that no otherwise qualified person shall, solely by reason of his/her disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity sponsored by the School.
As used in this policy “individual with a disability” means a person who has, or had, or is regarded or was regarded as having, a disabling condition; “disabling condition” means a physical or mental impairment that substantially limits one or more of a person’s major life activities and includes specific learning disabilities.
Notice of the School’s policy on nondiscrimination in employment and education practices shall be given in this Policy manual, posted in the School, and published in any School statement regarding the availability of employment positions or special education services.
No employee or candidate for employment shall be discriminated against in recruitment, employment, promotion, training, or transfer solely because of his/her disabling condition.
No candidate for employment shall be required to answer a question regarding a disabling condition and no such candidate will be discriminated against on the basis of a disabling condition that is not directly related to the essential functions of the position for which she/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 individuals with disabilities.
Barrier free access to School facilities or an alternative means of providing services shall be provided as required by law so that no individual with a disability is excluded from participation in a School program solely by reason of his/her disability. The School will comply with the building, program and other accessibility requirements of the Americans with Disabilities Act (ADA) and other applicable laws.
All reasonable efforts shall be made to serve the School’s special needs children eligible for special education and/or related services in accordance with the School’s Special Needs 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 non-disabled Students. To the maximum extent appropriate to the Student’s disability, a disabled Student shall be placed in an educational setting with non-disabled or less severely disabled Students.
No Student will be denied, because of his/her disability, participation in co-curricular, intramural, or interscholastic activities or any of the services offered or recognitions rendered regularly to the Students of the School.
The due process rights of disabled Students and their Parents will be rigorously enforced.
The Principal/Designee shall be the Section 504 Compliance Officer. 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.
S15- Child Find Policy
In accordance with Individuals with Disabilities Educational Act, the school will work for identifying, locating and evaluating all students with disabilities attending the district who have a disability regardless of the severity of their disabilities, and who are in need of special education and related services.
This includes students who are:
(1) Advancing from grade to grade;
(2) Wards of the state and children who are highly mobile, such as migrant and homeless children
Rehabilitation Act, U.S.C. Section 504 Grievance Procedure
The grievance procedure shall follow these steps:
- The grievant will file a written complaint, stating the specific facts of his/her grievance and the alleged discriminatory act, with the Section 504 Compliance Officer within fifteen (15) calendar days of the conduct alleged to be in violation of Section 504.
- The compliance officer shall make all reasonable efforts to resolve the matter informally.
- In the event the complaint cannot be resolved informally, the Compliance Officer will investigate the matter and will provide a written copy of his/her determination to both parties.
- The grievant may appeal the determination of the compliance officer to the School Board 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 and the written determination of the compliance officer. The School Board may, in its discretion, convene a hearing at which the parties may present testimony and argument.
- The School Board shall provide both parties with a written decision.
Employees of the School shall be informed that a complaint may be filed without fear of reprisal from 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 grievant shall be made. A grievant shall be informed of his/her right to file a formal complaint under Section 504.
A complaint regarding the identification, evaluation, classification, or educational program of an educationally disabled Student shall be reviewed in accordance with the School’s Special Needs policy.
Evaluation and Compliance
The Principal shall evaluate School programs and practices on nondiscrimination, in accordance with law, and to report evaluations to the Board. The Principal will submit such assurances of compliance as are required by law.
A complainant who believes there is a basis for a grievance related to the Rehabilitation Act may file a written complaint with the Office for Civil Rights, U.S. Department of Education. Any such written complaint must be filed within the earlier of (i) 30 days from the date of the School Board’s decision, or (ii) 90 days from the date the complainant made his or her complaint to the compliance officer.
S17- Admission and Lottery Policy
Academy shall not discriminate in the admission of students to the school based on race, creed, color, handicapping condition or sex;
Upon admission of any handicapped student, Academy will comply with all federal and state laws regarding the education of handicapped students.
The School shall not limit admission to students based on intellectual ability, measures of achievement or aptitude, or athletic ability.
The School shall not offer or provide incentives to parents of prospective students.
The School shall not admit students that exceed the capacity of the school’s programs, classes, grade levels or facilities.
If the number of applicants exceeds the capacity of the school’s programs, classes, grade levels, or facilities, students shall be admitted by lottery from all those submitting applications before May first of each school year, except preference shall be given to students attending the school the previous year, and to siblings of students attending the school the previous year. When required the lottery will be conducted in the following manner:
- Each applicant will be assigned a number
- The numbers will then be drawn at random at a meeting that will be open to the public
- The first number drawn will be the first new applicant placed on a permanent waiting list and so on until all numbers are drawn
- The school may separate lottery and waiting lists for each grade or age grouping
S18- Suspended or Expelled Applicants
The School may temporarily deny admittance to any student who has been suspended or expelled from the schools of another Ohio district or an out-of-state district, if the student’s suspension or expulsion period set by the other district has not expired. The suspended or expelled student shall first be offered an opportunity for a hearing.
S19- Enrollment and Residency Policy
The School admits students from admissions areas set by the school charter.
A child shall be admitted to the School as a student, if the child’s parent resides in the School’s admission areas. Residency is determined not necessarily by where the parents own or rent a home or an apartment, but rather by where important family activities take place on a daily basis, such as eating and sleeping, where mail is received, and where parents are registered to vote.
The following documents can be used to establish proof of residency for verification of a child’s ability to enroll in our school. These items must be current, be in the parent’s name, and include a street address. A post office box address cannot be used to validate residency records:
- Lease agreement or Mortgage statement
- Utility statement
- Bank statement
- Rent receipt
- Homeowner’s or renter’s insurance declaration page
- Real Property tax bill
- Paycheck or paystub issued to parent or student within 90 days of the date of enrollment;
- Any other official document as the same may be defined by the Principal of public instruction that is issued to the parent and includes the address.
The school requires that these documents be dated within 60 days of the time of enrollment. Enrollment defined as the day all paperwork is completed for the child’s entry into school not the first day of school.
All custody or court orders pertaining to the family or student must be turned in when asked, or at admission. If our School and the student’s home district (district of residency) disagree about residency, this policy shall prevail. In such a case, parents may be asked to provide additional information in order to resolve the dispute; however, the school is not obligated to ask for additional information based on other public schools’ policies.
If transportation is being provided by the student’s resident/home district, then that home district may require reasonable additional proof of residency within the bounds of the law and its own policies.