Title IX and Uniform Complain Procedures

Non-Discrimination & Harassment Policies
Nondiscrimination Policy
(Federal Regulation, Title IX; Board Policy 0410)

The governing board is committed to equal opportunity for all individuals in education. District & school programs and activities shall be free from discrimination based on actual or perceived sex, race, color, religion, ancestry, national origin, ethnic group identification, marital or parental status, physical or mental disability, sexual orientation, gender, gender identity or expression, or the genetic information, or perception of one or more such characteristics, or association with a person or group with one or more of the these actual or perceived characteristics. The board shall promote programs which ensure that discriminatory practices are eliminated in all district activities.

Annually, the superintendent or designee shall review district programs and activities to ensure the removal of any barrier that may unlawfully prevent an individual or group in any of the protected categories stated above from accessing district programs and activities, including the use of facilities. He or she shall take prompt, reasonable actions to remove any identified barrier. The superintendent or designee share report his or her findings and recommendations to the board after each review.

District programs and facilities, viewed in their entirety, shall be in compliance with Americans with Disabilities Act and any implementing standards and/or regulations and readily accessible to individuals with disabilities.

The superintendent or designee shall ensure that the district provides appropriate auxiliary aids and services when necessary to afford individuals with disabilities equal opportunity to participate in or enjoy the benefits of a service, program or activity. These aids and services may include, but are not limited to, qualified interpreters or readers, assistive listening devices, notetakers, written materials, taped text, Braille or large print materials.

Individuals with disabilities shall notify the superintendent or designee if they have a disability that requires special assistance or services. Reasonable notification should be given prior to the school-sponsored function, program or meeting.

Pursuant to 34 CFR 104.8 and 34 CFR 106.9, the superintendent or designee shall notify students, parents or guardians, employees, employee organizations, applicants for admission and employment and sources of referral for applicants about the district’s policy on nondiscrimination and related complaint procedures. Such notification shall be included in each announcement, bulletin, catalog, application form or other recruitment materials distributed to these groups.

The district’s nondiscrimination policy and related informational materials shall be published in a format that parents or guardians can understand. In addition, when 15 percent or more of a school’s students speak a single primary language other than English, those materials shall be translated into that other language.(Education Code section 48985, 20 USC 6211 and 6312)

As a public school district, the district is committed to maintaining neutrality toward religion, neither promoting/encouraging student participation in religious activities nor discouraging students from observing the tenets of their religious faith. To that end, the board encourages district staff to be sensitive to the accommodation of students’ religious needs so that students are able to participate in school and extracurricular activities without undue burden on the free exercise of their religious beliefs.

School staffs should be familiar with the most significant religious holy days and avoid scheduling, to the extent practicable and within their control, important school activities on those days. The superintendent or designee shall annually provide to all school sites a calendar of major religious holy days. The school calendar should be prepared so as to minimize conflict with these religious holy days. Where conflicts are unavoidable, care should be taken to avoid scheduling on significant religious holy days activities that would be difficult to make up.

Students whose religious beliefs necessitate accommodation in some fashion are expected to inform appropriate school staff, including teachers, coaches, extracurricular advisors, or other appropriate staff, at the outset of the school year and request, in writing, such accommodation.

Teachers will work with the student to accommodate the student’s need to be absent without being penalized academically.

Accommodation should follow the rule of reasonableness, which will depend on the particular facts of each case. School administrators are directed to inform their teaching, coaching, and extracurricular staff of the provisions of this policy and oversee its implementation.

The lack of English language skills will not be a barrier to admission and participation in the district’s programs. Additional information can be obtained from staff who are bilingual in Spanish, Russian and Ukrainian, by calling the district’s English language development coordinator at (916) 971-5382.

San Juan Unified recognizes its obligation to provide overall program accessibility throughout the district for persons with disabilities. Contact the Risk Management Department (916) 971-7062, to obtain information about the existence and location of services, activities, and facilities that are accessible to and usable by handicapped persons.

Inquiries regarding federal laws and regulations concerning nondiscrimination or the district’s compliance may also be directed to:

U.S. Dept. of Education Office for Civil Rights
50 Beale Street, Suite 7200
San Francisco, CA 94105
Phone (415) 486-5555; Facsimile (415) 486-5570

Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990 and the 2008 amendments, are federal laws which prohibit discrimination against persons with disabilities in any program receiving federal financial assistance and public education systems, respectively. A student eligible to receive FAPE under section 504 is one who:

• has a physical or mental impairment that substantially limits one or more major life activities (these include such activities as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working)
• has a record of such impairment
• is regarded as having such an impairment

In order to fulfill its obligations under Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990 and the 2008 amendments, San Juan Unified School District recognizes a responsibility to avoid discrimination in policies and practices regarding its personnel and students. No discrimination including harassment against any person with a disability will knowingly be permitted in any of the programs and practices in the school system. The district has specific responsibilities under Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990 and the 2008 amendments which include the responsibility to provide a free and appropriate public education, to identify and evaluate students, and, if the child is determined to be eligible under Section 504 of the Rehabilitation Act of 1973 and/or Title II of the Americans with Disabilities Act of 1990 and the 2008 amendments, to afford access to appropriate educational services.

If the parents or guardians disagree with the determination made by the professional staff of the district relating to the identification, evaluation, or placement of a child, there are procedural safeguards available which include the right to an impartial hearing. Information regarding these policies and procedures may be obtained from the district’s Section 504 Coordinator, located at 3738 Walnut Avenue, Carmichael, CA 95608 or by calling (916) 971-7122.

For complaints of disability discrimination pursuant to Section 504 of the Rehabilitation Act of 1973 and/or Title II of the Americans with Disabilities Act of 1990 and the 2008 amendments, not relating to the identification, evaluation, or placement of a child, parents may file a separate complaint utilizing the uniform complaint procedures, which may be obtained from a school site administrator.

Uniform Complaint Procedures
Nondiscrimination/Harassment/Intimidation/
Bullying/Sexual Harassment/Pupil Fees

Nondiscrimination/Harassment/Intimidation/Bullying

San Juan Unified Board of Education is committed to equal opportunity for all individuals in education. District programs, activities and services shall be free from unlawful discrimination, harassment, intimidation and/or bullying based on actual or perceived sex, race or ethnicity, color, national origin, nationality, religion, age, sexual orientation, sexual preference, ancestry, ethnic group identification, gender, gender expression, gender identity, physical or mental disability, or on the basis of a person’s association with a person or group with one or more of these actual or perceived characteristics, or sexual harassment in any district service, program and/or activity that receives or benefits from state financial assistance. The board shall promote programs which ensure that unlawful discriminatory practices are eliminated in all district activities.

Any student who engages in discrimination, harassment, intimidation, and/or bullying may be subject to disciplinary action up to and including expulsion. Any employee who permits or engages in unlawful discrimination, harassment, intimidation, and/or bullying may be subject to disciplinary action up to and including dismissal.

Sexual Harassment

The district has adopted a strict policy containing rules and procedures for reporting sexual harassment and pursuing remedies and is committed to maintaining an educational environment that is free from harassment, including school, or school-sponsored or school-related activities.

The board prohibits unlawful sexual harassment of or by anyone (including students and employees) in or from the district. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical contact of a sexual nature made by someone from or in the work or educational setting. Any student who engages in sexual harassment of another student or anyone from the district may be subject to disciplinary action up to and including expulsion. Any employee who permits or engages in sexual harassment may be subject to disciplinary action up to and including dismissal.

Pupil Fees

The district shall follow uniform complaint procedures when addressing complaints alleging a failure to comply with state or federal law or regulations, including allegations that a student has been required to pay a pupil fee for participation in an educational activity, other than those fees, deposits, or other charges allowed by law.

To File a Uniform Complaint

The district is primarily responsible for compliance with federal and state laws and regulations, including allegations that a student has been required to pay a pupil fee (as defined in Education Code section 49010), for participation in an educational activity (as defined in Education Code section 49011), other than those fees, deposits or other charges allowed by law. Any student, staff member, or parent who feels that unlawful discrimination, harassment, intimidation, and/or bullying or sexual harassment has occurred should immediately contact a teacher, the school principal, or district Title IX/Compliance Officer. Copies of the complaint procedures shall be available free of charge.

1. Filing a Complaint: Obtain a copy of the Uniform Complaint Form from the school or Title IX/Compliance Officer. The Title IX/Compliance Officer for Choices Charter School is the School Director. Submit the complaint form to the school director (Title IX/Compliance Officer.)
2. Investigation: The district will investigate the complaint and provide a written report of the investigation and decision within 40 days of when the complaint is filed.
3. Mediation: Mediation is optional. It involves a third party who assists the parties in resolving the dispute. If mediation is used, the time lines are extended by 30 days.
4. Appeals: If the person making the complaint disagrees with the District’s decision, he/she has five days to appeal the decision to the school district Board of Education; or alternatively, 15 days to appeal the decision to the California Department of Education.
5. A person filing a complaint may also seek civil law remedies, subject to certain time lines.
6. At any time, a complainant has the right to file a complaint alleging violations of federal laws or regulations, prohibiting unlawful discrimination, harassment, intimidation, and/or bullying based on actual or perceived sex, race or ethnicity, color, national origin, nationality, religion, age, sexual orientation, sexual preference, ancestry, ethnic group identification, gender, gender expression, gender identity, physical or mental disability, or on the basis of a person’s association with a person or group with one or more of these actual or perceived characteristics with the United States Department of Education, Office for Civil Rights, 50 Beale Street, Suite 7200, San Francisco, CA 94105.

Complaints will be kept as confidential as appropriate.

The district prohibits retaliation against any participant in the complaint process. Each complaint shall be investigated promptly and in a way that respects the privacy of all parties concerned.

If you have a complaint, contact a teacher, the Director, or Assistant Director.