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NONDISCRIMINATION

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)

FEDERAL FUNDING RECIPIENTS

No person shall be excluded from participation in, denied the benefits of, or subjected to discrimination by the School, on the basis of any of the following protected characteristics:

  1. Sex.
  2. Race, color, or national origin.
  3. Disability, or relationship or association with an individual with a disability.  [See EHB, EHBA Series, and GA]

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])

Harassment

Sexual harassment of students is discrimination on the basis of sex under Title IX. Franklin v. Gwinnett County Schools, 503 U.S. 60 (1992)  [See also DIA and FFH]

Human Rights Coordinator

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:  Susan Hauser

Position: Director, Center for School Resources

Address: 1100 W. 45th St., Austin, TX 78756

Office Telephone: (512) 206-9273

Grievance Procedures

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)

Retaliation

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)

STUDENTS WITH LEARNING DISABILITIES

The Texas Education Agency shall produce and provide to local 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 or for aids, accommodations, or services under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794).  Each school year, TSBVI shall provide the written explanation in the student handbook by or by another means.  Education Code 26.0081(c)

DISABILITY DISCRIMINATION

ADA

Under the Americans with Disabilities Act (ADA), no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of TSBVI or be subjected to discrimination by the School.  42 U.S.C.A. 12132; 28 CFR 35.130

Section 504

Under Section 504 of the Rehabilitation Act, no otherwise qualified individual with a disability shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.  29 U.S.C.A. 794(a)

Definitions

‘Student with a Disability’

A “student with a disability” is one who has a physical or mental impairment that substantially limits one or more of the student’s major life activities, has a record of having such an impairment, or is being regarded as having such an impairment.

The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures, such as medication, medical supplies, low-vision devices (which do not include ordinary eyeglasses or contact lenses), prosthetics, hearing aids, mobility devices, oxygen therapy, assistive technology, or learned behavioral or adaptive neurological modifications.

An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability.  An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.

A student meets the requirement of being “regarded as” having an impairment if the student establishes that he or she has been subjected to a prohibited action because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.  This provision does not apply to impairments that are transitory or minor.  A transitory impairment is one with an actual or expected duration of 6 months or less.

29 U.S.C. 705(20)(B), 42 U.S.C. 12102(1), (3)–(4)

‘Qualified Individual with a Disability’

The term “qualified individual with a disability” means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the School.  42 U.S.C. 12131(2)

‘Major Life Activities’

“Major life activities” include caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.  “Major life activity” also includes the operation of major bodily functions, including functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.  42 U.S.C. 12102(2)

REASONABLE MODIFICATION

The School shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the School can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.  28 CFR 35.130(b)(7)

DIRECT THREAT

“Direct threat” means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices or procedures, or by the provision of auxiliary aids or services as provided below.  28 CFR 35.104

The ADA does not require the School to permit an individual to participate in or benefit from the services, programs, or activities of the School when that individual poses a direct threat to the health or safety of others.

In determining whether an individual poses a direct threat to the health or safety of others, the School must make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to ascertain:

  1. The nature, duration, and severity of the risk;
  2. The probability that the potential injury will actually occur; and
  3. Whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk.

28 CFR 35.139

HOMELESS CHILDREN

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.

Liaison

The Principal of Comprehensive Programs designates a social worker as the School’s official Homeless Liaison.  TSBVI shall inform school personnel, service providers, and advocates working with homeless families of the duties of the Homeless Liaison.  Marcela Contreras, LMSW, serves as the TSBVI Homeless Liaison.   42 U.S.C. 11432(g)(1)(J)(i), (ii), (g)(6)(B)

RELIGIOUS FREEDOM

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 [See also DAA and GA]

DISCRIMINATION ON THE BASIS OF SEX

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 school 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

Separate Facilities

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

Human Sexuality Classes

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

Vocal Music Activities

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

Pregnancy and Marital Status

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 [See FND] 

Physical Education Classes

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

Skills Assessment

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

Contact Sports

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

Athletic Programs

The School shall not discriminate, on the basis of sex, in interscholastic or intramural athletics or provide any such athletics separately on such basis.

Single-Sex Teams

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.

Equal Athletic Opportunities

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:

  1. Whether the selection of sports and levels of competition effectively accommodate the interests and abilities of members of both sexes;
  2. Provision of equipment and supplies;
  3. Scheduling of games and practice time;
  4. Travel and per diem allowance;
  5. Opportunity to receive coaching and academic tutoring;
  6. Assignment and compensation of coaches and tutors;
  7. Provision of locker rooms and practice and competitive facilities;
  8. Provision of medical and training facilities and services;
  9. Provision of housing and dining facilities and services; and
  10. Publicity.

34 CFR 106.41

Adopted:         9/27/90

Amended:       1/29/93, 11/14/97, 1/24/02, 11/16/07, 6/5/13, 8/9/18

Reviewed: