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5000
STUDENT POLICIES GOALS
Students are the focal point of all district operations and must receive the primary attention of the Board of Education and all staff members. Consequently, the Board will spend most of its time in study, deliberation and policy formulation on matters directly related to student welfare.
The Board recognizes the individual worth of each student. The Board and staff accept the responsibility of helping each student to develop his/her capacity for intellectual, physical, emotional, and social growth. The Board acknowledges that a student's growth is influenced by his/her environment, both at home and in school. Therefore, the school district shall strive to create an environment in which the student may learn to live and adapt successfully in an ever-changing world in order to become a responsible and productive member of society.
The Board and district staff shall work together to achieve the following goals:
1. provide an educational program that prepares students to meet local and state learning standards and instructional goals.
2. differentiate the instructional program to meet student needs across the spectrum, and tailor the learning program to each student's learning styles, and interests:;
3. protect and respect the rights of students;
4. enhance the self-image of each student by helping him/her feel respected and worthy through a learning environment that provides positive encouragement through frequent success;
5. provide an environment in which students can learn personal and civic responsibility for their actions through meaningful experiences as school citizens; and
6. promote faithful attendance and good work.
1 st Reading 9/24/02
2 nd Reading & Adoption 10/22/02
5020.3
STUDENTS WITH DISABILITIES PURSUANT TO SECTION 504
The Board of Education shall ensure that no student covered by Section 504 is discriminated against in programs or activities. Individuals protected by Section 504 of the Rehabilitation Act of 1973 are those individuals who: have a physical or mental impairment which substantially limits one or more major life activities (e.g. caring for one's self, performing manual tasks, walking, , standing, lifting, bending, seeing, hearing, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working) and have a record of such impairment or are regarded as having such an impairment. Students who qualify for protection under Section 504 are: of an age during which non-disabled children are provided preschool, elementary or secondary education services; of an age during which it is mandatory under state law to provide such educational services to disabled children; or to whom a state is required to provide a free appropriate public education (e.g. under IDEA).
The School District shall identify, evaluate, refer, place, provide adaptations for and review all eligible students with disabilities pursuant to statutory law. A student whose disability is episodic or in remission is still eligible to be qualified under the Act. In addition, the determination that a student has an impairment that substantially limits a major life activity will be made without regard to whether mitigating measures (such as medication, devices, prosthetics, hearing aides, etc.) ameliorate the effects of the disability. Students with disabilities pursuant to Section 504 shall be provided a free appropriate public education which may include, but is not limited to, providing a structured learning environment; repeating and simplifying instructions about in-class and homework assignments; supplementing verbal instructions with visual instructions; using behavioral management techniques; adjusting class schedules; modifying test delivery; using tape recorders, computer-aided instruction, and/or other audiovisual equipment; selecting modified textbooks or workbooks and tailoring homework assignments or modification of nonacademic times such as lunchroom, recess and physical education.
The Board directs the Superintendent to provide the staff appropriate training in this area of the law so as to ensure that the district is able to comply with the law in prohibiting discrimination against students with disabilities.
The Board shall adopt a grievance procedure to resolve Section 504 complaints and designate an individual to coordinate compliance with Section 504. The Board shall ensure that students with disabilities and their parents are notified annually of the Board's responsibilities under Section 504.
Cross-ref: 4321, Programs for Students with Disabilities Under IDEA and Article 89
5300, Code of Conduct
Ref: Rehabilitation Act of 1973, 29 USC §§794 et seq. (Section 504)
34 CFR Part 104
Individuals with Disabilities Education Act, 20 USC §§1400 et seq.
(IDEA)
Education Law, §§4401 et seq. (Article 89)
8 NYCRR Part 200
Americans with Disabilities Act Amendment Act of 2008, 42USC §§ 12101 et seq.
1st Reading September 24, 2002
2nd Reading & Adoption October 22, 2002
1st Reading for Re-Adoption: April 28, 2009
2nd Reading for Re-Adoption: May 26, 2009
5030
STUDENT COMPLAINTS AND GRIEVANCES
The Board of Education believes it is necessary that parents and students
be made aware of the behavior that is expected of students, as outlined
in district policies on school conduct and discipline. They shall also
be given an opportunity to be heard on complaints and grievances they
may have related to their statutory rights.
A student making and/or parentfiling a complaint or
grievance alleging that there has been an action affecting them which
is prohibited by Title IX and/or Section 504 of the Rehabilitation Act
or the Americans with Disabilities Act, shall be provided with information
regarding the prompt and equitable resolution of the complaint or grievance.
Furthermore, a student and/or parentshall have the right
to present complaints and grievances in accordance with the procedure
free from coercion, interference, restraint, discrimination or reprisal.
Building Principals are responsible for ensuring that appeal procedures
are incorporated into discipline codes, explained to all students, and
provided to all parents on an annual basis.
Annual Notification
At the beginning of each school year, the district shall provide a parent
handbook which includes a public notice of the established grievance procedures
for resolving complaints of discrimination due to sex and/or disability
to parents/guardians, employees, eligible students and the community.
Public notice shall provide the name, address and telephone number of
the person designated to coordinate activities concerning discrimination
due to sex and/or disability.
The Superintendent of Schools shall establish regulations and procedures for presenting problems or appealing decisions which affect individual students, in accordance with applicable statutory requirements, and for the resolution of complaints or grievances which may affect the student body.
Ref: Rehabilitation Act of 1973, 29 USC Sections 794 et seq. (Section 504)
34 CFR Part 104
Individuals with Disabilities Education Act, 20 USC Section 1400 et seq. (IDEA)
Education Law, Sections 4401 et seq. (Article 89)
8 NYCRR Part 200
1 st Reading 10/22/02
2 nd Reading & Adoption 11/26/02
5030-R
STUDENT COMPLAINTS AND GRIEVANCES REGULATION
Definitions
- Grievant shall mean a student who alleges that there has been a violation of the Title IX or Section 504 of the Rehabilitation Act or the American with Disabilities Act (ADA) statute or regulations which affect him/her.
- Grievance shall mean any alleged violation of Title IX, Section 504 or the ADA statute or regulations.
- Compliance Officer shall mean the employee designated by the Board of Education to coordinate efforts to comply with and carry out responsibilities under Title IX, Section 504 or the ADA .
- Representative shall mean any parent or person designated by the grievant as his/her counsel or to act in his/her behalf.
Individual complaints and grievances shall be handled in accordance with the following guidelines:
- Informal conciliation: parents/students should confer with the appropriate teacher or school personnel to achieve prompt resolution. Students and their representative may appeal to the highest authority in the school building, i.e., the Building Principal, who has the final determination on all such matters.
- For resolution of matters where appeal procedures are prescribed by statute, e.g., student suspensions, the prescribed course of action will be followed.
- The resolution of student complaints alleging any action prohibited by Title IX, Section 504 or the ADA shall be dealt with in the following manner:
Stages
Stage I - Compliance Officer
Within 30 school days after the events giving rise to the grievance, the grievant shall file a grievance in writing with the Compliance Officer. The Compliance Officer may informally discuss the grievance with the grievant and their representative. He/She shall promptly investigate the complaint. Students and employees of the school district shall cooperate with the Compliance Officer in such investigation.
Within 15 school days of the receipt of the grievance, the Compliance Officer shall make a finding in writing that there has or has not been a violation of Title IX, Section 504 of the Rehabilitation Act or the ADA . In the event the Compliance Officer finds that there has been a violation, he/she shall propose a resolution of the grievance.
If the grievant is not satisfied with the finding of the Compliance Officer, or with the proposed resolution of the grievance, the grievant may, within 15 school days after he/she has received the report of the Compliance Officer, file a written request for review by the Superintendent.
Stage II - Superintendent of Schools
The Superintendent may request that the grievant, the Compliance Officer, or any member of the school district staff present a written statement to him/her setting forth any information that such person has relative to the grievance and the facts surrounding it.
The Superintendent shall review the facts and shall determine whether they support the decision made by the Compliance Officer.
The Superintendent shall render his/her determination in writing. Such determination shall include a finding whether there has been a violation of Title IX, Section 504 of the Rehabilitation Act or the ADA , and, in the event of a violation, a proposal for equitably resolving the grievance.
If the grievant is not satisfied with the determination of the Superintendent, the grievant may, within 15 school days after its receipt, file with the Clerk of the Board of Education, a written request for review by the Board.
Stage III - Board of Education
When a request for review by the Board has been made, the Superintendent shall submit all written statements and other materials concerning the case to the President of the Board.
The Board shall review the facts and determine whether they support the decision of the Superintendent.
The Board shall consider the record and shall render a decision in writing within 15 school days after the hearing has been concluded.
Distribution of the Grievance Procedure
A copy of this procedure shall be distributed to all employees and to all students or their parents/guardians. A copy of this procedure shall be available for public inspection at reasonable times with the District Clerk or at the office of the Compliance Officer.
Ref: Americans with Disabilities Act, 42 USC Section 12133
Title IX, Education Amendments of 1972, 20 USC Chapter 39; 34 CFR Part 106; 45 CFR Part 86.
Rehabilitation Act of 1973, Section 504, 29 USC Section 794; 34 CFR Section 104
Education Law Section 3214
2 nd Reading & Adoption 11/26/02
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