| Book: |
Brick Township Board of Education Policy |
| Section: |
2000 Administration
|
| Title: |
Non-Discrimination |
| Number: |
2510
|
| Status: |
Active |
| Legal: |
|
| Adopted: |
03/04/2010 |
| Last Revised: |
03/04/2010 |
| Last Reviewed: |
|
POLICY No. 2510
BRICK TOWNSHIP BOARD OF EDUCATION Administration
RIGHTS OF PERSONS WITH HANDICAPS OR DISABILITIES/
POLICY ON NON-DISCRIMINATION
It is the policy of the Board of Education that no qualified handicapped or disabled
person shall, on the basis of handicap or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in employment or under any program
, activity or vocational opportunities sponsored by this Board. The Board shall comply with §504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. It shall also comply with the
Individuals with Disabilities Education Act.
Notice of the Board's policy on nondiscrimination in employment and education will be included
in the Board policy manual, posted throughout the district, and referenced
in any district statement regarding the availability of employment positions or educational services.
Employment
No employee or candidate for employment shall be discriminated against in recruitment, hiring, advancement, discharge, compensation, training, transfer, or any other term, condition, or privilege of employment solely because of his/her handicap/disability, provided the employee or candidate can, with or without reasonable accommodation, perform the essential functions of the position sought or held.
No candidate for employment shall be required to answer a question or submit to an examination regarding a handicap/disability except as such handicap/disability relates directly to the performance of the job sought. No candidate will be discriminated against on the basis of a handicap/disability that is not directly related to the essential function of the position for which he/she has applied.
Reasonable accommodations, not directly affecting the educational and/or
instructional program, shall be made to accommodate employment conditions to the needs of qualified persons with handicaps/disabilities. Such accommodations may include, but are not limited to rescheduling; restructuring jobs; making facilities accessible; acquiring or modifying equipment; modifying examinations, training materials, policies and procedures; and providing readers or interpreters.
The Board employment policies and procedures shall comply with the Americans with Disabilities Act.
Facilities Accessibility
No qualified handicapped/disabled person shall, because of the school district’s facilities being inaccessible or unusable by handicapped/disabled persons, be denied the benefits of, be excluded from participation in or otherwise be subjected to discrimination under any program or activity offered by the Board. No new facilities shall be constructed that do not fully comply with §504 of the Rehabilitation Act of 1973 and the American with Disabilities Act. Alterations to existing facilities or part thereof, shall be altered in such a manner to the maximum extent feasible, that the facilities are readily accessible and usable by individuals with handicaps/ disabilities who have a need to access Board facilities.
Educational Program Accessibility
No qualified handicapped/disabled person shall be denied the benefit of, be excluded from participation in, or otherwise be subjected to discrimination in any activity offered by this district.
The Board
has an affirmative obligation to evaluate a pupil who is suspected of having a handicap/disability to determine the pupil’s need for special education and related services. The Board directs that all reasonable efforts be made to identify unserved children with handicaps/disabilities in this district who are eligible for special education and/or related services in accordance with the Individuals with Disabilities Education Act, §504 of the Rehabilitation Act of 1973, and the
Americans with Disabilities Act of 1990.
Section 504 of the Rehabilitation Act requires the Board
to address the needs of children who are considered handicapped/disabled under §504 and do not qualify for services under the Individuals with Disabilities Education Act. A pupil
may be handicapped/disabled within the meaning of §504, and therefore entitled to regular or special education and related aids and services under the §504 regulation, even though the pupil
may not be eligible for special education and related services under Part B of the Individuals with Disabilities Education Act.
No pupil will be denied, because of his/her educational handicap/disability, participation in co-curricular, intramural, or interscholastic activities or any of the services offered or recognitions rendered regularly to the pupils of this district.
There will be grievance procedures for persons alleging discriminatory acts by the Board and/or staff.
The due process rights of pupils with handicaps/disabilities and their parents will be rigorously enforced.
Enforcement
The Director of Special Services is designated as district coordinator for matters dealing with §504 and Title IX. The district coordinator shall act as a compliance officer and can be contacted at the following address or telephone number:
Address: Herbertsville Annex
2282 Lanes Mill Road
Brick, NJ 08724
Telephone Number: (732) 785-3080 ext. 4510
A complaint regarding a violation of law and this policy will be subject to a complaint procedure that provides for the prompt and equitable resolution of disputes.
The complainant shall be notified of his/her rights of appeal at each step of the process, and accommodations to the needs of handicapped/disabled complainants shall be made. A complainant shall be informed of his/her right to file a formal action for redress with or without recourse to the complaint procedure established by this policy and its accompanying regulation.
A complaint regarding the identification, evaluation, classification, or educational program of a pupil with a
handicap/disability shall be governed by the due process rules of the State Board of Education, N.J.A.C. 6A:14-2.7
and the Office of Administrative Law, N.J.A.C. 1:6A-1 et seq., and by District procedural safeguard
or grievance processes.
Guarantee of Rights
The Board shall not interfere, directly or indirectly, with any person's exercise or enjoyment of the rights protected by the §504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Individuals with Disabilities Education Act or Title IX.
The Board shall not discriminate against any person for that person's opposition to any act or practice made unlawful by law or this policy or for that person's participation in any manner in an investigation or proceeding arising under §504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Individuals with Disabilities Education Act or Title IX.
Evaluation and Compliance
The Board directs the Superintendent to evaluate district programs and practices on nondiscrimination, in accordance with law, and to report evaluations to the Board. The Board will submit such assurances of compliance as are required by law.
Annual Publication
This Policy will be published yearly prior to the beginning of the school year in a regional newspaper, magazine and/or other written communication that is available to the public.
29 U.S.C. 794 (Sec. 504, Rehabilitation Act of 1973)
20 U.S.C. 1401 et seq. (Individuals with Disabilities Education Act)
42 U.S.C. 12101 (Americans with Disabilities Act of 1990)
N.J.S.A. 10:5-1 et seq.
N.J.S.A. 18A:18A-17
N.J.A.C. 6A:14-1 et seq.
34 CFR Part 104
First Reading: January 28, 2010
Adopted: March 4, 2010