| Sweet Home ISD | |
| 143905 |
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| EQUAL EDUCATIONAL OPPORTUNITIES | FB |
| (LEGAL) |
| NONDISCRIMINATION |
The District shall provide equal opportunities within its jurisdiction. Education Code 1.002 No officer or employee of the District shall, when acting or purporting to act in an official capacity, refuse to permit any student to participate in any school program because of the student's race, religion, color, sex, or national origin. 42 U.S.C. 2000d, Civil Practice and Remedies Code 106.001 |
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| TITLE
IX |
The District shall designate at least one employee to coordinate its efforts to comply with Title IX of the Education Amendments of 1972, as amended, and shall notify all students of the name, office address, and telephone number of the employees) so designated. The Board shall adopt and publish procedures providing for prompt and equitable resolution of student complaints alleging discrimination on the basis of sex in violation of Title IX. 20 U.S.C. 1681-1686; 34 CFR 106.8 |
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SEXUAL HARASSMENT
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Sexual harassment of students is discrimination on the basis of sex under Title IX. Franklin v. Gwinnett County Schools, 503 U.S. 60, 112 S.Ct. 1028 (1992) [See also DHC and FNCJ] | ||
| STUDENTS WITH
DISABILITIES |
The District may not deny services to any individual eligible to participate in its special education program, but it shall provide individuals with disabilities special educational services as authorized by law. Education Code 1.002(b) The Texas Education Agency shall produce and provide to school districts a written explanation of the options and requirements for providing assistance to students who have learning difficulties or who need or may need special education. The explanation must state that a parent is entitled at any time to request an evaluation of the parent's child for special education services under Education Code 29.004. Each school year, the District shall provide the written explanation to a parent of each District student by including the explanation in the student handbook or by another means. Education Code 26.0081 |
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| SECTION 504 |
No qualified student with a disability shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any District service, program, or activity. Nor shall the District exclude or otherwise deny equal services, programs, or activities to a student because of the known disability of an individual with whom the student is known to have a relationship. 42 U.S.C. 12132; 29 U.S.C. 794; 28 U S. C. 35.130(g), 34 CFR 104.4(a) A "student with a disability" is one who has, or who has a record of having, or who is regarded as having a physical or mental impairment that substantially limits one or more major life activities, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. A student with a disability is "qualified" if he or she is between the ages of three and 21, inclusive. 28 CFR 35.104; 34 CFR 104.3(j)(k) |
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COORDINATOR
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The District shall designate at least one employee to coordinate its efforts to comply with Section 504 of the Rehabilitation Act of 1973 and its implementing regulations. The Board shall adopt and publish procedures providing for prompt and equitable resolution of student complaints alleging discrimination on the basis of disability in violation of Section 504. 34 CFR 104.7 | ||
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FREE APPROPRIATE PUBLIC EDUCATION
(FAPE)
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The District shall provide a free appropriate public education to each qualified student with a disability within the District's jurisdiction, regardless of the nature or severity of the student's disability. An appropriate education shall include regular or special education and related services that are designed to meet the individual educational needs of the student as adequately as the needs of students who do not have disabilities are met and that are based on adherence to procedures that satisfy federal requirements for educational setting, evaluation and placement, and procedural safeguards, as set forth below. 34 CFR 104.33 |
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| EDUCATIONAL
SETTING |
To the extent possible, a
student with a disability shall be placed in the regular educational
environment, unless the District demonstrates that education in the
regular environment with the use of supplemental aids and services
cannot be achieved satisfactorily. In providing or arranging for
nonacademic and extracurricular services and activities, the District
shall ensure that a student with a disability participates with
students who do not have disabilities to the maximum extent appropriate
to the needs of the student with a disability. 34 CFR 103.34
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| EVALUATION |
The District shall conduct an evaluation of any student who, because of a disability, needs or is believed to need special education or related services before taking any action regarding the initial placement of the student in a regular or special education program and before any subsequent significant change in placement. The tests and other evaluation materials shall meet the standards established by 34 CFR 104.35(b). 34 CFR 104.35(a), (b) | ||
| PLACEMENT |
In interpreting evaluation information and making placement decisions, the District shall:
34 CFR 104.35(c) |
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PROCEDURAL SAFEGUARDS
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The District shall establish
procedural safeguards for students and parents with concerns about
District actions regarding the identification, evaluation, or
educational placement of a student with a disability. Those safeguards
shall include notice, an opportunity for the student's parent or
guardian to examine relevant records, an impartial hearing with the
opportunity for participation by the student's parents or guardian and
representation by counsel, and a review procedure. 34 CFR 104.36 |
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| HOMELESS CHILDREN |
The District shall adopt
policies and practices to ensure that homeless children are not
stigmatized or segregated on the basis of their homeless status. [See EHBD and FDC] |
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LIAISON
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The District shall designate an appropriate staff person as a District liaison for homeless children. The District shall inform school personnel, service providers, and advocates working with homeless families of the duties of the liaison. [See FFC] McKinney-Vento Homeless Education Assistance Improvements Act of 2001, Secs. 722, 725, part of No Child Left Behind Act of 2001, 42 U.S.C. 11432 |
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| RELIGIOUS FREEDOM | The District may not
substantially burden a student's free exercise of religion, unless the
burden is in furtherance of a compelling governmental interest and is
the least restrictive means of furthering that interest. Civ. Prac. & Rem. Code 110.003
[See also DAA and GA] |
| DATE
ISSUED: 09/30/2003 |
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| UPDATE 71 |
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| FB (LEGAL)—P |