Policy 501-R Student Disability Nondiscrimination Regulations

A.  This grievance procedure is established for use by parents, guardians, students and employees, as an orderly means of resolving disputes within the district about alleged student disability discriminatory acts. 

B.  This procedure may be used by any person who has a complaint against an individual within the district or against the district for alleged discriminatory acts in violation of state or federal statutes or District policy prohibiting discrimination.  Nothing herein provided shall abridge or in any way limit the right of any individual to seek enforcement of state and federal laws by immediate appeal to any appropriate state or federal agency.  Any complaints filed by outside agencies must, under the law, be filed against the district.
 

A.  Any student who believes he or she has been the victim of unlawful student disability discrimination by a teacher, administrator or other school district personnel, or any person with knowledge or belief of conduct which may constitute unlawful discrimination toward a student with a disability should report the alleged acts immediately to an appropriate school district official designated by this policy or may file a grievance.  The School District encourages the reporting party or complainant to complete a written report, but oral reports shall be considered complaints as well.  Nothing in this policy shall prevent any person from reporting unlawful student disability discrimination toward a student directly to a school district human rights officer or to the superintendent.

B.  In each school building the building principal is the person responsible for receiving oral or written reports or grievances of unlawful student disability discrimination toward a student at the building level.  Any adult school district personnel who receive a report of unlawful student disability discrimination toward a student shall inform the building principal immediately.

C.  Upon receipt of a report or grievance, the principal must notify the school district’s human rights officer (Executive Director of Human Resources) and the school district’s Americans with Disabilities Act/Section 504 coordinator (Director of Special Services) immediately, without screening or investigating the report. The principal may request, but may not insist upon a written complaint. A written statement of the facts alleged will be forwarded to the Executive Director of Human Resources and the Director of Special Services. Failure to forward any report or complaint of unlawful student disability discrimination toward a student as provided herein may result in disciplinary action against the principal. If the complaint involves the building principal, the complaint shall be made or filed directly with the Superintendent or the Executive Director of Human Resources or the Director of Special Services by the reporting party or complainant.

D.  The school district will respect the privacy of the complainant, the individual(s) against whom the complaint is filed, and the witnesses as much as possible, consistent with the school district’s legal obligations to investigate, to take appropriate action, and to conform to any discovery or disclosure obligations.
 

A.  The Executive Director of Human Resources and Director of Special Services, upon receipt of a report, complaint or grievance alleging unlawful student disability discrimination toward a student shall promptly undertake or authorize an investigation. The investigation may be conducted by school district officials or by a third party designated by the school district.

B.  In determining whether alleged conduct constitutes a violation of this policy, the Executive Director of Human Resources and Director of Special Services will consider the surrounding circumstances, the nature of the behavior, past incidents, or continuing patterns of behavior, the relationships between the parties involved and the context in which the alleged incidents occurred.  Whether a particular action or incident constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstances.
 
C.  The investigation will be completed as soon as practicable.  The school district Executive Director of Human Resources and Director of Special Services shall make a written report to the Superintendent upon completion of the investigation. The report shall include a determination of whether the allegations have been substantiated as factual and whether they appear to be violations of this policy.
 

A.  Upon conclusion of the investigation and receipt of a report, the school district will take appropriate action. 
 
The result of the school district’s investigation of each complaint filed under these procedures will be reported in writing to the complainant by the school district in accordance with state and federal law regarding data or records privacy.

A.  The school district will discipline or take appropriate action against any pupil, teacher, administrator or other school personnel who retaliates against any person who reports alleged unlawful student disability discrimination toward a student or any person who testifies, assists or participates in an investigation, or who testifies, assists or participates in a proceeding or hearing relating to such unlawful discrimination. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment.
 

• Adopted: December 8, 1986
• Amended: May 10, 2004
• Amended: October 13, 2008
• Amended: October 13, 2014
• Amended: January 13, 2020
• Last Reviewed: January 13, 2020

• Policy 501 - Student Disability Nondiscrimination