Non Discrimination Policy
Board Policy 0410: Nondiscrimination In District Programs And Activities
Last Adopted Date: 02/10/2021
The Governing Board is committed to providing equal opportunity for all individuals in district programs and activities. District programs, activities, and practices shall be free from unlawful discrimination, harassment, intimidation, and bullying, including discrimination harassment, intimidation, and bullying against an individual or group based on race, color, ancestry, nationality, national origin, immigration status, ethnic group identification, ethnicity, age, religion, marital status, pregnancy, parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, gender 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 district and school services. Personally identifiable information collected in the implementation of any district 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 district 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.
District programs and activities shall be free of any racially derogatory or discriminatory school or athletic team names, mascots, or nicknames.
The Superintendent or designee shall annually review district 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 district 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 district programs and activities shall be investigated and resolved in accordance with the procedures specified in AR 1312.3 - 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 district's policy on nondiscrimination and related complaint procedures. Such notification shall be included in the annual parental notification distributed pursuant to Education Code 48980 and, as applicable, in announcements, bulletins, catalogs, handbooks, application forms, or other materials distributed by the district. The notification shall also be posted on the district's web site and social media and in district schools and offices, including staff lounges, student government meeting rooms, and other prominent locations as appropriate.
In addition, the annual parental notification shall inform parents/guardians of their children's right to a free public education regardless of immigration status or religious beliefs, including information on educational rights issued by the California Attorney General. Alternatively, such information may be provided through any other cost-effective means determined by the Superintendent or designee. (Education Code 234.7)
The district'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
District 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 district 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 district 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 district and school web sites, notetakers, 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 AR 1312.3 - Uniform Complaint Procedures as the employee responsible for coordinating the district's response to complaints and for complying with state federal civil rights laws is hereby designated as the district'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 district programs, services, activities, or facilities.
Assistant Superintendent of Special Services
714 North White Street
(559) 585-3600
Policy Reference Disclaimer:
These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy.
|
State |
Description |
|
5 CCR 4600-4670 |
Uniform complaint procedures |
|
5 CCR 4900-4965 |
Nondiscrimination in elementary and secondary educational programs receiving state or federal financial assistance |
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Ed. Code 200-262.4 |
|
|
Ed. Code 48980 |
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Ed. Code 48985 |
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Ed. Code 51007 |
|
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Ed. Code 51204.5 |
Social sciences instruction; contributions of specified groups |
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Ed. Code 51501 |
|
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Ed. Code 60010 |
|
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Ed. Code 60040-60052 |
|
|
Gov. Code 11000 |
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Gov. Code 11135 |
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Gov. Code 12900-12996 |
|
|
Gov. Code 54953 |
Meetings; Americans with Disabilities Act accessibility |
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Gov. Code 54953.2 |
|
|
Gov. Code 8310.3 |
|
|
Pen. Code 422.55 |
|
|
Pen. Code 422.6 |
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|
Federal |
Description |
|
20 USC 1400-1482 |
Individuals with Disabilities Education Act |
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20 USC 1681-1688 |
Title IX of the Education Amendments of 1972; discrimination based on sex |
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20 USC 2301-2414 |
Strengthening Career and Technical Education for the 21st Century Act |
|
20 USC 6311 |
State plan |
|
20 USC 6312 |
Local educational agency plan |
|
28 CFR 35.101-35.190 |
Americans with Disabilities Act |
|
28 CFR 36.303 |
Nondiscrimination on the basis of disability, public accommodations, auxiliary aids, and services |
|
29 USC 794 |
Rehabilitation Act of 1973; Section 504 |
|
34 CFR 100.1-100.13 |
Nondiscrimination in federal programs; effectuating Title VI |
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34 CFR 104.1-104.39 |
Section 504 of the Rehabilitation Act of 1973 |
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34 CFR 106.1-106.82 |
Discrimination on the basis of sex; effectuating Title IX |
|
42 USC 12101-12213 |
Americans with Disabilities Act |
|
42 USC 2000d-2000d-7 |
Title VI, Civil Rights Act of 1964 |
|
42 USC 2000e-2000e-17 |
Title VII, Civil Rights Act of 1964, as amended |
|
Management Resources |
Description |
|
CA Civil Rights Department Publication |
California Law Prohibits Workplace Discrimination and Harassment |
|
CA Department of Health Care Services Publication |
Policy and Procedures Letter No. 21-017R, December 2021 |
|
CA Department of Health Care Services Publication |
Policy and Procedures Letter No. 23-004, February 2023 |
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CA Office of the Attorney General Publication |
|
|
CSBA Publication |
Parental and Student Rights in Relation to Transgender and Gender Nonconforming Students, Recently Asked Questions, August 2023 |
|
CSBA Publication |
Legal Guidance on Rights of Transgender and Gender Nonconforming Students in Schools, October 2022 |
|
U.S. DOE & U.S. DOJ Civil Rights Divisions Pub |
Dear Colleague Letter: Resource on Confronting Racial Discrimination in Student Discipline, May 2023 |
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U.S. DOE, Office for Civil Rights Publication |
|
|
U.S. DOE, Office for Civil Rights Publication |
|
|
U.S. DOE, Office for Civil Rights Publication |
Nondiscrimination in Employment Practices in Education, August 1991 |
|
U.S. DOE, Office for Civil Rights Publication |
Dear Colleague Letter: Race and School Programming, August 2023 |
|
U.S. DOE, Office for Civil Rights Publication |
Dear Colleague Letter: Electronic Book Readers, June 29, 2010 |
|
U.S. DOE, Office for Civil Rights Publication |
Dear Colleague Letter: Harassment and Bullying, October 2010 |
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U.S. DOJ, Civil Rights Division Publication |
Guidance on Web Accessibility and the ADA, March 2022 |
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U.S. DOJ, Civil Rights Division Publication |
Accessibility of State and Local Government Websites to People with Disabilities, February 2020 |
|
U.S. DOJ, Civil Rights Division Publication |
|
|
Website |
|
|
Website |
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|
Website |
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|
Website |
|
|
Website |
U.S. Department of Justice, Civil Rights Division, Disability Rights Section |
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Website |
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|
Website |
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|
Website |
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|
Website |
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|
Website |
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|
Website |
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|
Website |
|
|
World Wide Web Consortium Publication |
Web Content Accessibility Guidelines, December 2008 |
Cross References
|
Code |
Description |
|
0100 |
|
|
0415 |
|
|
0450 |
|
|
0450 |
|
|
1100 |
|
|
1113 |
|
|
1113 |
|
|
1113-E(1) |
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|
1230 |
|
|
1230 |
|
|
1230-E PDF(1) |
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|
1240 |
|
|
1240 |
|
|
1312.2 |
|
|
1312.2 |
|
|
1312.3 |
|
|
1312.3 |
|
|
1312.4 |
|
|
1312.4-E(1) |
|
|
1312.4-E(2) |
|
|
1325 |
|
|
1325 |
|
|
1330 |
|
|
1330 |
|
|
3260 |
|
|
3260 |
|
|
3270 |
|
|
3270 |
|
|
3311 |
|
|
3311 |
|
|
3530 |
|
|
3530 |
|
|
3540 |
|
|
3540 |
|
|
3541.2 |
|
|
3551 |
|
|
3551 |
|
|
3552 |
|
|
3552 |
|
|
3553 |
|
|
3553 |
|
|
3553-E PDF(2) |
|
|
3555 |
|
|
3555-E(1) |
|
|
3600 |
|
|
3600 |
|
|
4030 |
|
|
4030 |
|
|
4032 |
|
|
4033 |
|
|
4040 |
|
|
4040 |
|
|
4040-E PDF(1) |
Employee Use Of Technology - Employee Technology Acceptable Use Policy |
|
4111 |
|
|
4111.2 |
|
|
4111.2 |
|
|
4119.11 |
|
|
4119.11 |
|
|
4119.21 |
|
|
4119.21-E PDF(1) |
|
|
4119.22 |
|
|
4119.22 |
|
|
4131 |
|
|
4144 |
|
|
4144 |
|
|
4161.8 |
|
|
4161.8 |
|
|
4161.8-E PDF(1) |
|
|
4211 |
|
|
4211.2 |
|
|
4211.2 |
|
|
4212.9 |
|
|
4212.9-E(1) |
|
|
4219.11 |
|
|
4219.11 |
|
|
4219.21 |
|
|
4219.21-E PDF(1) |
|
|
4219.22 |
|
|
4219.22 |
|
|
4244 |
|
|
4244 |
|
|
4261.8 |
|
|
4261.8 |
|
|
4261.8-E PDF(1) |
|
|
4311 |
|
|
4311.2 |
|
|
4311.2 |
|
|
4312.9 |
|
|
4312.9-E(1) |
|
|
4319.11 |
|
|
4319.11 |
|
|
4319.21 |
|
|
4319.21-E PDF(1) |
|
|
4319.22 |
|
|
4319.22 |
|
|
4331 |
|
|
4344 |
|
|
4344 |
|
|
4361.8 |
|
|
4361.8 |
|
|
4361.8-E PDF(1) |
|
|
5113.1 |
|
|
5113.1 |
|
|
5116.2 |
|
|
5126 |
|
|
5126 |
|
|
5131.2 |
|
|
5131.2 |
|
|
5141.22 |
|
|
5141.22 |
|
|
5141.6 |
|
|
5141.6 |
|
|
5145.12 |
|
|
5145.12 |
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|
5145.13 |
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|
5145.13 |
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|
5145.3 |
|
|
5145.3 |
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|
5145.6 |
|
|
5145.6-E(1) |
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|
5145.7 |
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|
5145.7 |
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|
5145.71 |
|
|
5145.71-E PDF(1) |
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|
5145.9 |
|
|
5146 |
|
|
5148 |
|
|
5148 |
|
|
5148.2 |
|
|
5148.2 |
|
|
6000 |
|
|
6020 |
|
|
6020 |
|
|
6141 |
|
|
6141.2 |
|
|
6141.2 |
|
|
6142.1 |
|
|
6142.1 |
|
|
6142.7 |
|
|
6142.7 |
|
|
6143 |
|
|
6143 |
|
|
6144 |
|
|
6144 |
|
|
6145 |
|
|
6145.2 |
|
|
6145.2 |
|
|
6158 |
|
|
6158 |
|
|
6161.1 |
|
|
6161.1 |
|
|
6161.11 |
|
|
6162.5 |
|
|
6162.5 |
|
|
6163.1 |
|
|
6163.2 |
|
|
6163.2 |
|
|
6164.2 |
|
|
6164.4 |
Identification And Evaluation Of Individuals For Special Education |
|
6164.4 |
Identification And Evaluation Of Individuals For Special Education |
|
6164.6 |
|
|
6164.6 |
|
|
6173 |
|
|
6173 |
|
|
6173.1 |
|
|
6173.1 |
|
|
6175 |
|
|
6175 |
|
|
7110 |
|
|
7110 |
|
|
7111 |
|
|
7310 |
|
|
9320 |
|
|
9322 |