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062904 |
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EQUAL EDUCATIONAL
OPPORTUNITIES |
FB |
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(LEGAL) |
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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 |
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] |
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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 |
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) |
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) |
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PLACEMENT |
In interpreting evaluation information
and making placement decisions, the District shall: 1. Draw upon information from a variety of
sources, including aptitude and achievement tests, teacher recommendations,
physical condition, social or cultural background, and adaptive behavior. 2. Establish procedures to ensure that such
information is documented and carefully considered. 3. Ensure that placement decisions are made by a
group of persons, including those knowledgeable about the student, the
meaning of evaluation data, and placement options. 34 CFR 104.35(c) |
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PROCEDURAL SAFEGUARDS |
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 |
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] |
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DATE
ISSUED: |
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UPDATE
71 |
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FB
(LEGAL)—P |
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