BOARD POLICY 4111-4115

Nondiscrimination

1. The Ironton City Board of Education will not permit discriminating practices. To promote compliance

with this Policy, the Board will promote the rights and responsibilities of individuals as set forth in the state and federal constitutions, pertinent legislation, and applicable judicial interpretations.

2. The Board’s policy of nondiscrimination will extend to students, staff, job applicants, the general public, and with individuals with whom it does business, and will apply to race, national origin, citizenship status, religion, sex, economic status, age, disability, and other human differences.

3. In addition to the above general statement regarding nondiscrimination the Ironton City Board of Education provides assurance of compliance with the following:

Title VI of the Civil Rights Act of 1964, as amended, 42 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.

Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving federal financial assistance.

Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving federal financial assistance.

The Age Discrimination Act of 1975, as amended,43 U.S.C. 6101 et.seq., which prohibits discrimination on the basis of age in programs or activities receiving federal financial assistance.

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e et seq., and as amended by the EEOC, Education, Technical Assistance, and Training Revolving Fund Act of 1992, P.L. 102-411, which prohibits discrimination on the basis of race, color, religion, sex, and national origin by employers that are engaged in an industry affecting commerce and that have fifteen (15) or more employees.

Americans with Disabilities Act of 1990 codified as 42 U.S.C. 12111 et seq., which prohibits discrimination against individuals with disabilities in employment, pupil services, and transportation, public accommodations, and telecommunications services.

Civil Rights Act of 1991 which amends various punitive damages and jury trials in cases of sex, religious, and disability bias.

Vietnam – Era Veterans’ Act Readjustment Assistance Act of 1974, codified as 38 U.S.C. Chapter 42 4211 et seq., which requires, in part, that federal contractors with a contract of $10,000 or more to take affirmative action to employ qualified special disabled and Vietnam-Era veterans.

Uniformed Services Employment and Re-Employment Rights Act of 1994 (p.1. 103-353) signed October 13, 1994, which prohibits employers from discriminating against individuals because of past, present, or future membership in a uniformed service and provides employees certain reemployment rights.

BOARD POLICY 4111-4115

Reasonable Accommodation for Persons with Disabilities

(ADA Act of 1990)

A. In support of the Americans with Disabilities Act of 1990, the Ironton City School District affirms

its position that qualified individuals with a disability shall be assured of equal opportunities in

education, employment, accommodations, transportation, and telecommunications.

B. A person with a disability includes:

1. An individual with a physical or mental impairment that substantially limits that person in

some major life activity.

2. An individual with a record of such physical or mental impairment; and

3. An individual who is regarded as having such an impairment.

Excluded from the definition of a disability for the purpose of this policy are individuals who are current users of illegal drugs, although protected are those who have overcome drug problems, including those participating in a rehabilitation program and who are currently drug free. Also excluded are those individuals with certain sexual and behavioral disorders.

A “qualified individual” with a disability is one who, with or without reasonable accommodations can perform the “essential functions” of the job. Essential job functions are those included in the detailed job descriptions and are the primary job duties. They may be essential because it is the reason the job exists.

C. The Ironton City School District will not discriminate against qualified individuals with a disability

in regard to:

1. Job applications, hiring, advancement, discharge, compensation, training, or other terms,

conditions, or privileges of employment.

2. Reasonable accommodations is one that will enable an otherwise qualified individual with

a disability to perform the essential functions of a job or participate in the schools program.

3. Failure to remove structural, architectural, and communication barriers in existing facilities

where such removal is easily accomplished without much difficulty or expense; and/or failure

to make reasonable modification to policies or procedures and to offer auxiliary aids to

individuals with disabilities so they can use and have access to the services of the district.

4. Providing required telecommunications systems for the deaf or speech impaired individual.

5. Making good faith efforts to provide accessible vehicles for transportation systems.

D. The Ironton City School District will not discriminate against disabled persons in regard to services.

E. “Reasonable accommodation” may include:

1. Making existing facilities used by employees and students readily accessible to and usable by

individuals with disabilities.

2. Job structuring, part-time, or modified work schedules, reassignment to a vacant position,

acquisition or modifications of equipment or devises, appropriate adjustments or modifications of

examinations, educational materials or policies, the provision of qualified readers of interpreters,

and other similar accommodations; and

3. Any modification to a job application process that permits a disabled person to be considered for

a position and that will not impose undue hardship.

F. “Undue hardship” in general means an action requiring significant difficulty or expense, when

considering in light of the factors considered in paragraph G below. A prompt determination of

undue hardship will be made by the Superintendent.

G. In determining whether an accommodation would impose an “undue hardship” on the district,

factors which would be considered include:

1. The nature and cost of the accommodation;

2. The overall financial resources of the program involved in the provision, the number of persons

employed and the impact of such accommodation upon the operation of the program;

3. The overall financial resources of the district; and

4. The type of operation within the program.

H. The Ironton City School District requires that their workers not pose a threat to the health or safety

of other individuals in the district’s programs.

I. Employees with disabilities will be accorded equal access to the same benefit coverage the district

provides to other employees.

J. Any student, applicant, employee, parent, or interested person who believes a disabled person has

been discriminated under this policy may make a verbal or written complaint of discrimination under

the grievance procedure described in this policy division. If the results of the grievance procedure is

unsatisfactory, a complaint may be filed with the Equal Employment Opportunity Commission or

the appropriate federal agency.

Human Rights and Relations

In an attempt to guarantee the American freedom, rights and privileges to all segments of our society and to each individual therein (both student and employee) in the Ironton City School District, this Board adopts the following written statement of Policy which is aimed at fairness and equality to all peoples who comprise this School System.

1. Students shall be dealt with and treated exactly alike in like instances, regardless of handicap, sex, race,

color, creed, national origin, or socio-economical background. ( Except as required by law)

2. Curricular, library, and other printed materials selected and used in this School System shall be chosen

on the basis of truth and accuracy as concerns all peoples and groups. After an impartial, objective, and

fair appraisal and an analysis of materials in question by the Human Rights and Relations Committee,

any materials found to be biased, prejudiced, or discriminatory will be brought to the attention of the

Ironton City Board of Education for appropriate action.

3. No student in the Ironton City School District, because of handicap, sex, race, color, creed, national

origin, or socio-economical background shall be denied the opportunity or privilege to hold school or

student office; to become a member of a team or school organization (if all other eligibility

requirements are met) and/or to receive honors earned and due.

4. Assemblies and other co-curricular experiences, provided for the students, teachers, and patrons

of this system, shall encompass all ethnic and cultural backgrounds, thus giving the people a better and

more complete background of society and civilization as a whole.

5. Recruitment, selection, and employment of staff members shall be made on the basis of education,

certification, training, experience, individual and personal qualifications and accomplishments, and

the ability and capacity to fulfill the obligations of the position; and without consideration of or regard

to the employee’s handicap, sex, race, color, creed, national origin, or socio-economic background.

6. All employees of the Ironton City School District shall be assigned, rated, and promoted on the basis of

the individual employee’s personal and professional qualifications, ability, capacity, achievement,

attitudes, and cooperation; and without consideration of or regard to the employee’s handicap, sex, race,

color, creed, national origin, or socio-economic background.

7. A Committee on Human Rights and Relations, which shall be advisory to the Ironton City Board of

Education, shall be formed in this School System. The Committee shall have as its purpose, the

handling of suggestions and complaints on all matters appertaining to human or civil rights and similar

relationships. This Committee shall be composed of five (5) members as follows:

¨ The President of this Board of Education or his/her designee

¨ The City Superintendent of Schools, or his/her designee

¨ A teacher, appointed by the Board President

¨ A non-certified employee, appointed by the Board President

¨ An Ironton citizen, appointed by the Board president

8. The City Superintendent of Schools shall set up, in writing, such grievance procedures as will

implement the requirements of this Policy.

8-21-67

Revised 1-12-81

Revised 7-9-84

BOARD POLICY 4111-4115

Grievance Procedures

for

Title VI, VII, IX, Section 504 of the Rehabilitation Act, and ADA,

When a Formal Grievance is Filed By Either a Student or an Employee

In the Ironton City School District:

First Level

I. The Complainant and the Principal or Immediate Staff Supervisor

A. The aggrieved or complainant files a formal grievance against this school district on forms provided

by this school system, and notifies in writing, the district’s federal compliance officer that a

grievance has been filed.

B. The grievance is presented in person to the school principal or to the complainant’s staff supervisor.

C. The school principal or immediate staff supervisor tries to find a solution to the problem and

tries to work out the case to the satisfaction of all concerned.

D. If the principal or immediate staff supervisor cannot solve the problem and settle the issue

because of lack of authority, jurisdiction, or other reasons, he/she shall return the grievance

form to the person who filed the grievance, with explanation and/or reasons for same. This shall be

done within ten (10) days of the time of receipt.

E. The complainant has the option of appealing the grievance to the federal compliance officer for this

school district, who shall take the case before the Human Rights and Relations Committee.

Second Level

II. The Complainant and the Human Rights and Relations Committee

A. If the complainant decides to appeal to Level II, he/she shall present the grievance in person to this

district’s federal compliance officer, with notice of appeal, and shall immediately notify the

Superintendent of Schools of same.

B. Within ten (10) days after receiving the appealed grievance form, the district’s federal compliance

officer shall call a meeting of the Human Rights and Relations Committee, the Committee listed in

Board Policy.

C. The meeting time and place shall be mutually agreed upon by all parties concerned in the issue. This

shall be a closed meeting.

D. The complainant shall present his/her grievance case in person to the Human Rights and Relations

Committee, and he/she may present witnesses.

E. The Ironton City School District shall have equal rights to present its side of the issue by an

Administrative designee ( to be appointed by the Superintendent of Schools) and shall also have

the right to present witnesses and to question the complainant.

F. The federal compliance officer for this district shall preside and serve as moderator at this hearing.

G. The Human Rights and Relations Committee shall render a decision on the grievance, using a secret

ballot vote, with the compliance officer in charge of the voting.

H. The decision of the Human Rights and Relations Committee shall be advisory only, and shall not be

binding upon the Ironton City School District.

Third Level

III. The Complainant and the Ironton City Board of Education

A. If either side of the issue chooses to appeal the (Advisory) Human Rights and Relations Committee’s

Decision, it may be done.

B. If this be the case, the grievance must be presented in person to the Treasurer of the Ironton City

Board of Education no later than ten (10) days after the decision by the Human Rights and Relations

Committee.

C. The grievance appeal hearing must be held at the next meeting of the Ironton City Board of

Education, or at a special meeting of the Board, called to hear the appealed grievance.

D. Both the complainant and the Board of Education shall have equal time to present their side of the

issue.

E. Either side may be represented by counsel. Either (or both) may present witnesses.

F. The Board of Education, sitting in regular or special session, may render a decision or may pass the

Issue to Level IV. The complainant shall also have the right to appeal to Level IV.

Fourth Level

IV. The Appellant and the HEW

A. The complainant shall have the right to appeal the grievance to the U.S. Department of HEW, and the

Ironton City Board of Education may, if it chooses, send the case to appropriate federal agency for a

decision.

8-21-67

Revised 1-12-81

Revised 7-9-84