EQUAL EDUCATIONAL OPPORTUNITY 3001
1.1 It is the belief of Sevier School District Board of Education that every school-age child is entitled to the educational opportunities provided in all public schools within the District, and that his/her opportunities shall be equal to those of all other students regardless of sex, race, creed, color, age, country of origin, marital or parental status. It is also the belief of the District that these same opportunities shall be provided for the physically and/or mentally disabled, with any necessary modifications to accommodate their limitations.
1.2 Equal opportunity will extend beyond the course offerings to include admissions, employment, counseling, testing, and all extra curricular programs including sports. No student in Sevier School District will be discriminated against because of any of the conditions--physical, mental or social--listed in paragraph one (1) of this philosophy statement.
1.3 Sevier School District is committed to making available a quality educational program, which will provide all students, within the limits of their abilities, the necessary skills, experiences, and attitudes to function effectively and competitively in the challenging society of the present and to give them the preparation to meet the demands of the future.
1.4 Revisions in the policy will be made to adjust to changing needs and populations as deemed necessary to benefit students of the District.
2.1 The educational opportunities provided shall be consistent with the United States and Utah State Constitutions and laws, as well as the policies of the Sevier School District Board of Education.
2.2 "All programs, activities, schools, institutions, and school districts under the general control and supervision of the Board [Utah State Board of Education] shall adopt policies and rules prohibiting discrimination on the basis of race, creed, color, national origin, religion, age, sex, or handicap." (Utah State Administration Rule 277-112-3-B)
2.3 Included in this policy are provisions of the following laws:
2.3.1 "Title VI of the Civil Rights Act of 1964, as amended,
including future amendments, 42 United States Code (U.S.C.) 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving Federal financial assistance; "
2.3.2 "Title IX of the Education Amendments of 1972, as amended, including future amendments, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving Federal financial assistance;
2.3.3 "The Age Discrimination Act of 1975, as amended, including future amendments, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving Federal financial assistance; "
2.3.4 "Section 504 of the Rehabilitation Act of 1973, as amended, including future amendments, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving Federal financial assistance."
2.3.5 "A student with a disability may not be denied the opportunity of participating in public school programs or extracurricular activities because of the student's age unless the participation threatens the health or safety of the student." [Utah Code 53E-7-205.(1)] [The above subsection] "...applies to a student who has not graduated from high school and who is under age 20.
(Utah Code 53E-7-205 (3))
2.3.6 "All regulations, guidelines, and standards lawfully adopted
under the statutes named in Subsections 3 (A) (1) through (6); [R277-112-3-A (1) through (6) and (7) - (8) and B]
2.3.7 "All state laws prohibiting discrimination on the basis of
race, creed, color, national origin, religion, age, sex, or handicap." [R277-112-3--(8)]
3.1 "The District shall designate at least one employee to coordinate
its efforts to comply with Title IX of the Education Amendments of 1972, as amended. The District shall notify all students of the name, office address, and telephone number of the employee(s) so designated." (34 Code of Federal Regulation (C.F.R.) 106.8 (a))
3.2 Responsibility for equal educational opportunity throughout the
school system rests with the Superintendent of Schools in the Sevier School District. The Superintendent will designate a coordinator and assign the appointee to review policy, ensure compliance, coordinate efforts to notify concerned parties, and be informed and prepared to answer questions, investigate complaints, and settle grievances.
4. COMPLAINTS AND RESOLUTIONS
4.1 The purpose of this policy and the appointment of a coordinator is to secure at the first possible level, prompt and equitable resolution of student complaints alleging discrimination on the basis of race, religion, color, sex, national origin, age, or disability. The student may be represented by an adult at any stage of the complaint.
4.2 The following may be initiated in attempts to resolve differences:
4.2.1 If the complaint involves a problem with a teacher, the
student or his/her adult designee should discuss the matter with that teacher before requesting a conference with the principal.
4.2.2 The student or adult designee shall request a conference with the principal within ten calendar days of the time the student knew, or should have known, of the event or series of events causing the complaint. The principal shall schedule and hold a conference with the student within five days.
4.2.3 If the outcome of the conference with the principal is not to the student's satisfaction, the student or adult designee has ten days to request a conference with the Superintendent, Assistant Superintendent or the Coordinator who shall schedule and hold a conference.
4.2.4 Prior to or at the conference, the student or adult designee shall submit a written complaint that includes a statement of the complaint and any evidence in its support, the solution sought, the student's signature and the date of the conference that was held with the principal.
4.2.5 If the outcome of the conference at this level (with Superintendent, Assistant Superintendent, and/or Coordinator) is not to the student's satisfaction, he/she or adult designee may present the complaint to the Board at the next regular meeting. The Board is required to respond or take action only if the complaint is from an aggrieved student.
5. COMPLAINTS AND REFERRAL PROCEDURES FOR FOOD NUTRITION SERVICES
5.1 If the complaint involves Food Nutrition Services (FNS), Sevier School District will:
5.1.1 Refer complaints to the Utah School Board of Education (USBE) for processing within 5 calendar days of the receipt of the complaint.
5.1.2 Maintain a copy of any correspondence regarding the complaint for at least four years after the date the Sevier School District is notified that the complaint is closed.
5.1.3 Provide necessary documents, and evidence regarding complainant’s allegations to USBE within the timeframes established by the USBE or within reasonable time of the USBE has not identified a timeframe.
5.1.4 Make its employees available to USBE and FNS to be interviewed as necessary during investigations, including for purposes of providing sworn testimony and clarifying general information.
5.1.5 Grant the USBE and/or FNS access to the facilities, and complaint, communications, records and other systems, as necessary during investigations.
5.1.6 Participate in attempts to resolve the complaint.