TSBVI shall provide equal opportunities to all individuals within its jurisdiction. Education Code 1.002(a)
No officer or employee of the School 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. Civil Practice and Remedies Code 106.001
The School 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)
No person shall be excluded from participation in, denied the benefits of, or subjected to discrimination by any district that receives federal financial assistance, on the basis of any of the following protected characteristics:
20 U.S.C. 1681 (Title VI); 42 U.S.C. 2000d (Title IX); 20 U.S.C., 1400 et seq. (Individuals with Disabilities Education Act); 29 U.S.C.794 (Section 504); 42 U.S.C. 12132 (Americans with Disabilities
Act [ADA])
Sexual harassment of students is discrimination on the basis of sex under Title IX. Franklin v. Gwinnett County Schools, 503 U.S. 60 (1992)
The School designates the following employee to coordinate its efforts to comply with Title IX, Section 504, and the Americans with Disabilities Act for student issues.
Name: Kenneth Miller
Position: Director, School & Student Services.
Address: 1100 W. 45th St., Austin, TX 78756
Office Telephone: (512) 206-9185
The School shall adopt and publish grievance procedures for prompt and equitable resolution of student complaints alleging discrimination under these statutes. 34 CFR 106.8 (Title IX); 34 CFR 104.7 (Section 504)
The School shall not coerce, intimidate, threaten, retaliate against, or interfere with any person who attempts to assert a right protected by the above laws or cooperates with investigation and enforcement proceedings under these laws. 34 CFR 100.7(e) (Title VI) 104.61 (Section 504), 106.71 (Title IX)
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 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, TSBVI shall provide the written explanation in the student handbook by or by another means. Education Code 26.0081
A "student with a disability" is one who has, 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. "Major life activities" means such functions as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. 34 CFR 104.3(j)
Each local 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.
A student with a disability is "qualified" if he or she is between the ages of three and 21, inclusive. 28 CFR 35.104(l)(2)
An appropriate education is the provision of regular or special education and related services that are:
34 CFR 104.33(b)
Implementation of an individualized education program (IEP) under IDEA is one means for providing FAPE. 34 CFR 104.33(b)(2)
The local district shall place a student with a disability in the regular educational environment, unless the local district demonstrates that education in the regular environment with the use of supplemental aids and services cannot be achieved satisfactorily. 34 CFR 104.34(a)
In providing or arranging for nonacademic and extracurricular services and activities, the local district shall ensure that a student with disabilities 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(b), 104.37
The local district shall establish standards and procedures for the evaluation and placement of persons who, because of disability, need or are believed to need special education and related services. The local district shall conduct an evaluation before the initial placement, or any significant change in placement, of the student. 34 CFR 104.35
The local district shall establish a system of procedural safeguards with respect to the identification, evaluation, and educational placement of persons who need or are believed to need special instruction or related services.
The system 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. Compliance with the procedural safeguards of IDEA is one means of meeting this requirement. 34 CFR 104.36
TSBVI shall comply with applicable procedural safeguards for students and parents of the Individuals with Disabilities Education Act. TSBVI shall ensure that parents receive a copy of The Notice of Procedural Safeguards: Rights of Parents of Students with Disabilities (Procedural Safeguards) at each ARD Committee meeting. Compliance with the procedural safeguards of IDEA is one means of meeting this requirement. 34 CFR 104.36
It is the School's policy and practice to ensure that homeless children are not stigmatized or segregated on the basis of their homeless status.
TSBVI appoints the Director of School and Student Sevices as the School's homeless liaison. The Director designates a homeless student's assigned social worker as the student's homeless liaison. TSBVI shall inform school personnel, service providers, and advocates working with homeless families of the duties of the liaisons. No Child Left Behind Act of 2001, 42 U.S.C. 11432(g)(1)(J)(i), (ii)
TSBVI 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
No person in the United States shall, on the basis of sex, be excluded from participation in, denied the benefits of, or be subjected to discrimination by any district receiving federal financial assistance. 20 U.S.C. 1681(a)
The School shall not provide any course or otherwise carry out any of its educational programs or activities separately on the basis of sex, or require or refuse participation therein on the basis of sex, including health, physical education, industrial, business, vocational, technical, home economics, music, and adult education courses. 34 CFR 106.34
The School may provide separate toilet, locker room, and shower facilities on the basis of sex, but the facilities provided for one sex shall be comparable to the facilities provided for the other sex. 34 CFR 106.33
Portions of classes in elementary and secondary school that deal exclusively with human sexuality may be conducted in separate sessions for boys and girls. 34 CFR 106.34
The School may make requirements based on vocal range or quality that may result in a chorus or choruses of one or predominantly one sex. 34 CFR 106.34
The School shall not, on the basis of sex, exclude any student from admission to an institution of vocational education or any other school or educational unit operated by the School unless the School
otherwise makes available to the student, pursuant to the same policies and criteria of admission, comparable courses, services, and facilities. 34 CFR 106.35
The School shall not apply any rule concerning a student's actual or potential parental, family, or marital status that treats students differently on the basis of sex. 34 CFR 106.40
The School may group students in physical education classes and activities by ability as assessed by objective standards of individual performance developed and applied without regard to sex. 34 CFR 106.34
Where use of a single standard of measuring skill or progress in physical education classes has an adverse effect on members of one sex, the School shall use appropriate standards that do not have such effect. 34 CFR 106.34
The School may separate students by sex within physical education classes or activities during participation in wrestling, boxing, rugby, ice hockey, football, basketball, and other sports the purpose or major activity of which involves bodily contact. 34 CFR 106.34
The School shall not discriminate, on the basis of sex, in interscholastic or intramural athletics or provide any such athletics separately on such basis.
The School may operate or sponsor separate teams for members of each sex where selection for such teams is based upon competitive skill or the activity involved is a contact sport. However, where the School operates or sponsors a team in a particular sport for members of one sex but not for members of the other sex, and athletic opportunities for members of that sex have previously been limited, members of the excluded sex must be allowed to try-out for the team offered unless the sport involved is a contact sport.
If the School operates or sponsors interscholastic or intramural athletics, the School shall provide equal athletic opportunity for members of both sexes. The following factors shall be considered in determining whether a district provides equal athletic opportunities:
34 CFR 106.4
Adopted: 9/27/90
Amended: 1/29/93, 11/14/97, 1/24/02, 11/16/07
Reviewed: