Policy Code A22

First Reading:   March 8, 2018
Second Reading:   March 20, 2018
Adopted:   March 20, 2018

Related: See Procedure A22: Grievance Protocol Under Section 504 of the Rehabilitation Act of 1973

Policy

The Essex Westford School District (District) will not unlawfully discriminate against any person or group on the basis of race, color, religion (creed), ancestry, national origin, place of birth, sex, sexual orientation, disability, age, or marital status, gender identity, or any other legally protected status under federal or state law.  The District will not unlawfully discriminate in its programs and activities against any person or group on any basis prohibited by federal or state law, and will provide equal access to the Boy Scouts and other designated youth groups.[1]

Accommodations 

The district shall make reasonable accommodations to the known physical or mental limitations of an otherwise qualified handicapped applicant or employee unless the district can demonstrate that the accommodation would impose an undue hardship on the operation of its program or activity.[2]

The superintendent or his or her designee shall prepare, and the board shall approve, guidance to applicants and employees regarding requests for reasonable accommodations, including provisions for undue hardship.[3]

Non-Discrimination

Applicants for admission and employment, students, parents, employees, sources of referral of applicants for admission and employment, and all unions or professional organizations holding collective bargaining or professional agreements with the District are hereby notified that this district does not discriminate on the basis of race, color, religion (creed), ancestry, national origin, place of birth, sex, sexual orientation, gender identity, disability, age, political affiliation[4] or marital status in admission or access to, or treatment or employment in, its programs and activities and provides equal access to the Boy Scouts and other designated youth groups.

Title IV, IX and Sec. 504

A person has been designated by the District to coordinate the district's efforts to comply with the regulations implementing Title VI, Title IX, and Section 504 of the Rehabilitation Act of 1973, and other non-discrimination laws or regulations. The designated coordinator is identified in the procedure accompanying this policy along with information on how that person may be contacted.

Any person having inquiries concerning the District's compliance with the regulations implementing Title VI, Title IX, Section 504 or other state or federal non-discrimination laws or regulations is directed to contact the non-discrimination coordinator described above.  

School board policies and actions or procedures of the administration will be directed toward extending equal educational opportunity for all students, and the extension of equal opportunity employment throughout the district. The policy of the District ensures fair and equitable educational and employment opportunities to all students and employees.

Grievance Procedure

In the absence of a controlling grievance procedure outlined in a collective bargaining agreement the procedure accompanying this policy will be in effect.

Legal References

9 V.S.A. §4502 (Public accommodations)

21 V.S.A. §§495 et seq. (Employment practices)

21 V.S.A. §1726 (Unfair labor practices)

20 U.S.C. §§1400 et seq. (IDEA)

20 U.S.C. §§1681 et seq. (Title IX, Education Amendments of 1972))

29 U.S.C. §206(d) (Equal Pay Act of 1963)

29 U.S.C. §§621 et seq. (Age Discrimination in Employment Act)

29 U.S.C. §794 (Section 504, Rehabilitation Act of 1973)

42 U.S.C.§§2000d et seq. (Title VI of the Civil Rights Act of 1964)

42 U.S.C. §§12101 et seq. (Americans with Disabilities Act of 1990)

[1] Federal regulations implementing Title VI (race, color, national origin),Title IX (sex),Section 504 (disability), the Age Discrimination Act, and the Boy Scouts Act contain requirements for recipients of federal funds to issue notices of non-discrimination. These regulations require that recipients notify students, parents and others that they do not discriminate on the basis of race, color, national origin, sex, disability and age, and, if applicable, that they provide equal access to the Boy Scouts of America and other designated youth groups. 

[2] See 34 C.F.R. § 104.12(a). 

[3] See 34 C.F.R.  § 104.12(b) &(c) for requirements related to reasonable accommodations and factors to be considered when determining when a requested accommodation would create an undue hardship.  The inclusion of this provision in this model policy is based on a finding by the federal Office of Civil Rights that a Vermont school district’s policy on non-discrimination  was not in compliance with Section 504 of the Rehabilitation Act of 1973 because it did not include these provisions.

[4] Discrimination against an employee on the basis of political affiliation is prohibited by the Vermont Municipal Labor Relations Act.  21 V.S.A. § 1726(a)(7).