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Viewing Policy: BP 0410- Nondiscrimination In County Programs And Activities



BP 0410

Philosophy, Goals, Objectives and Comprehensive Plans

 

                                                                                                                                   

Nondiscrimination In County Programs And Activities

The San Benito County Board of Education (County Board) is committed to providing equal opportunity for all individuals in education. County programs, activities, and practices shall be free from unlawful discrimination, including discrimination against an individual or group based on race, color, ancestry, nationality, national origin, ethnic group identification, age, religion, marital, pregnancy, or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity or expression, or genetic information; a perception of one or more of such characteristics; or association with a person or group with one or more of these actual or perceived characteristics.

All individuals shall be treated equitably in the receipt of county office and school services. Personally identifiable information collected in the implementation of any county office program, including, but not limited to, student and family information for the free and reduced-price lunch program, transportation, or any other educational program, shall be used only for the purposes of the program, except when the Superintendent or designee authorizes its use for another purpose in accordance with law. Resources and data collected by the county office shall not be used, directly or by others, to compile a list, registry, or database of individuals based on race, gender, sexual orientation, religion, ethnicity, national origin, or immigration status or any other category identified above.

San Benito County Office of Education (SBCOE) programs and activities shall also be free of any racially derogatory or discriminatory school or athletic team names, mascots, or nicknames.

Annually, the Superintendent or designee shall review county programs and activities to ensure the removal of any derogatory or discriminatory name, image, practice, or other barrier that may unlawfully prevent an individual or group in any of the protected categories stated above from accessing county programs and activities. He/she shall take prompt, reasonable actions to remove any identified barrier. The Superintendent or designee shall report his/her findings and recommendations to the Board after each review.

All allegations of unlawful discrimination in county programs and activities shall be investigated and resolved in accordance with the procedures specified in BP 1312.5 – Uniform Complaint Procedures.

Pursuant to 34 CFR 104.8 and 34 CFR 106.9, the Superintendent or designee shall notify students, parents/guardians, employees, employee organizations, applicants for admission and employment, and sources of referral for applicants about the county office’s policy on nondiscrimination and related complaint procedures. Such notification shall be included in each announcement, bulletin, catalog, handbook, application form, or other materials distributed to these groups and, as applicable, to the public. As appropriate, such notification shall be posted in San Benito County Office of Education schools and offices, including staff lounges, and other prominent locations and shall be posted on the county’s web site and, when available, county-supported social media.

The county’s nondiscrimination policy and related informational materials shall be published in a format that parents/guardians can understand. In addition, when 15 percent or more of a school’s students speak a single primary language other than English, those materials shall be translated into that other language.

 

Access for Individuals with Disabilities

SBCOE programs and facilities, viewed in their entirety, shall be in compliance with the Americans with Disabilities Act (ADA) and any implementing standards and/or regulations. When structural changes to existing county facilities are needed to provide individuals with disabilities access to programs, services, activities, or facilities, the Superintendent or designee shall develop a transition plan that sets forth the steps for completing the changes.

The Superintendent or designee shall ensure that the county provides appropriate auxiliary aids and services when necessary to afford individuals with disabilities equal opportunity to participate in or enjoy the benefits of a service, program, or activity. These aids and services may include, but are not limited to, qualified interpreters or readers, assistive listening devices, assistive technologies or other modifications to increase accessibility to county office and school web sites, note takers, written materials, taped text, and Braille or large print materials. Individuals with disabilities shall notify the Superintendent or principal if they have a disability that requires special assistance or services. Reasonable notification should be given prior to a school-sponsored function, program, or meeting.

The individual identified in BP 1312.5 – Uniform Complaint Procedures as the employee responsible for coordinating the county’s response to complaints and for complying with state and federal civil rights laws is hereby designated as the county office’s ADA coordinator. He/she shall receive and address requests for accommodation submitted by individuals with disabilities, and shall investigate and resolve complaints regarding their access to county office programs, services, activities, or facilities.

 

Director, Human Resources

460 Fifth Street – Hollister, CA 95023

(831) 637-5393

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Legal Reference:

EDUCATION CODE: 200-262.4  Prohibition of discrimination; 48985  Notices to parents in language other than English;

51007  Legislative intent: state policy

GOVERNMENT CODE: 11000  Definitions;11135  Nondiscrimination in programs or activities funded by state;11138  Rules and regulations; 12900-12996  Fair Employment and Housing Act; 54953.2  Brown Act compliance with Americans with Disabilities Act;

PENAL CODE: 422.55  Definition of hate crime;422.6  Interference with constitutional right or privilege;

CODE OF REGULATIONS, TITLE 5: 4600-4687  Uniform complaint procedures; 4900-4965  Nondiscrimination in elementary and secondary education programs

UNITED STATES CODE, TITLE 20:1400-1482  Individuals with Disabilities in Education Act;1681-1688  Discrimination based on sex or blindness, Title IX; 2301-2415  Carl D. Perkins Vocational and Applied Technology Act; 6311  State plans;

6312  Local education agency plans

UNITED STATES CODE, TITLE 29: 794  Section 504 of the Rehabilitation Act of 1973

UNITED STATES CODE, TITLE 42: 2000d-2000d-7  Title VI, Civil Rights Act of 1964; 2000e-2000e-17  Title VII, Civil Rights Act of 1964 as amended; 2000h-2000h-6  Title IX; 12101-12213  Americans with Disabilities Act

CODE OF FEDERAL REGULATIONS, TITLE 28:35.101-35.190  Americans with Disabilities Act; 36.303  Auxiliary aids and services

CODE OF FEDERAL REGULATIONS, TITLE 34:100.1-100.13  Nondiscrimination in federal programs, effectuating Title VI;

104.1-104.39  Section 504 of the Rehabilitation Act of 1973;106.1-106.61  Discrimination on the basis of sex, effectuating Title IX, especially; 106.9  Dissemination of policy

 

 

 

 

Policy Adopted: 12-08-16

Policy Revised : 4-9-20