Policy
M
1510 RIGHTS OF PERSONS WITH HANDICAPS OR
DISABILITIES/POLICY ON NON-DISCRIMINATION
It is the
policy of the Board of Education that no qualified handicapped or disabled
person shall, on the basis of handicap or disability, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination
in employment or under any program, activity or vocational opportunities
sponsored by this Board. The Board shall
comply with §504 of the Rehabilitation Act of 1973 and the Americans with
Disabilities Act of 1990. It shall also
comply with the Individuals with Disabilities Education Act through the
implementation of Policy No. 2460 and Regulations Nos. 2460 through 2460.14.
Notice of
the Board's policy on nondiscrimination in employment (Policy and Regulation
No. 1530) and education (Policy and Regulation No. 5750) will be included in
the Board policy manual, posted throughout the district, and referenced in any
district statement regarding the availability of employment positions or
educational services.
Employment
No
employee or candidate for employment shall be discriminated against in
recruitment, hiring, advancement, discharge, compensation, training, transfer,
or any other term, condition, or privilege of employment solely because of
his/her handicap/disability, provided the employee or candidate can, with or
without reasonable accommodation, perform the essential functions of the
position sought or held.
No
candidate for employment shall be required to answer a question or submit to an
examination regarding a handicap/disability except as such handicap/disability
relates directly to the performance of the job sought. No candidate will be discriminated against on
the basis of a handicap/disability that is not directly related to the
essential function of the position for which he/she has applied.
Reasonable
accommodations, not directly affecting the educational and/or instructional
program, shall be made to accommodate employment conditions to the needs of
qualified persons with handicaps/disabilities.
Such accommodations may include, but are not limited to rescheduling;
restructuring jobs; making facilities accessible; acquiring or modifying
equipment; modifying examinations, training materials, policies and procedures;
and providing readers or interpreters.
The Board
employment policies and procedures shall comply with the Americans with
Disabilities Act.
Facilities
Accessibility
No
qualified handicapped/disabled person shall, because of the school district’s
facilities being inaccessible or unusable by handicapped/disabled persons, be
denied the benefits of, be excluded from participation in or otherwise be
subjected to discrimination under any program or activity offered by the Board. No new facilities shall be constructed that
do not fully comply with §504 of the Rehabilitation Act of 1973 and the
American with Disabilities Act.
Alterations to existing facilities or part thereof,
shall be altered in such a manner to the maximum extent feasible, that the
facilities are readily accessible and usable by individuals with handicaps/
disabilities who have a need to access Board facilities.
Educational
Program Accessibility
No
qualified handicapped/disabled person shall be denied the benefit of, be
excluded from participation in, or otherwise be subjected to discrimination in
any activity offered by this district.
The Board
has an affirmative obligation to evaluate a pupil who is suspected of having a
handicap/disability to determine the pupil’s need for special education and
related services. The Board directs that
all reasonable efforts be made to identify unserved
children with handicaps/ disabilities in this district who are eligible for
special education and/or related services in accordance with Policy No. 2460
and Regulations Nos. 2460 through 2460.14, the Individuals with Disabilities
Education Act, §504 of the Rehabilitation Act of 1973, and the Americans with
Disabilities Act of 1990.
Section
504 of the Rehabilitation Act requires the Board to address the needs of
children who are considered handicapped/disabled under §504 and do not qualify
for services under the Individuals with Disabilities Education Act. A pupil may be handicapped/disabled within
the meaning of §504, and therefore entitled to regular or special education and
related aids and services under the §504 regulation, even though the pupil may
not be eligible for special education and related services under Part B of the
Individuals with Disabilities Education Act.
No pupil
will be denied, because of his/her educational handicap/disability,
participation in co-curricular, intramural, or interscholastic activities or
any of the services offered or recognitions rendered regularly to the pupils of
this district.
There
will be grievance procedures for persons alleging discriminatory acts by the
Board and/or staff. The due process
rights of pupils with handicaps/disabilities and their parents will be
rigorously enforced.
Enforcement
The
Director of Student Services is designated as district coordinator for matters
dealing with §504 and Title IX. The
district coordinator shall act as a compliance officer and can be contacted at
the following address or telephone number: 235 Ridgewood Avenue, Glen Ridge, NJ
07028 (973) 429-8305. A complaint
regarding a violation of law and this policy will be subject to a complaint
procedure that provides for the prompt and equitable resolution of disputes.
The
complainant shall be notified of his/her rights of appeal at each step of the
process, and accommodations to the needs of handicapped/disabled complainants
shall be made. A complainant shall be
informed of his/her right to file a formal action for redress with or without
recourse to the complaint procedure established by this policy and its
accompanying regulation.
A
complaint regarding the identification, evaluation, classification, or
educational program of a pupil with a handicap/disability shall be governed by
the due process rules of the State Board of Education, N.J.A.C. 6A:14-2.7 and
the Office of Administrative Law, N.J.A.C. 1:6A-1 et seq., and by the
procedural safeguard processes established by Board Policy No. 2460 and
Regulation No. 2460.6 or the grievance procedures established in Regulation No.
1510.
Guarantee
of Rights
The Board
shall not interfere, directly or indirectly, with any person’s exercise or
enjoyment of the rights protected by the §504 of the Rehabilitation Act of
1973, the Americans with Disabilities Act of 1990, the Individuals with
Disabilities Education Act or Title IX.
The Board
shall not discriminate against any person for that person’s opposition to any
act or practice made unlawful by law or this policy or for that person’s
participation in any manner in an investigation or proceeding arising under
§504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of
1990, the Individuals with Disabilities Education Act or Title IX.
Evaluation
and Compliance
The Board
directs the Superintendent to evaluate district programs and practices on
nondiscrimination, in accordance with law, and to report evaluations to the
Board. The Board will submit such
assurances of compliance as are required by law.
Annual
Publication
This
policy will be published yearly prior to the beginning of the school year in a
regional newspaper, magazine and/or other written communication that is
available to the public.
29 U.S.C.
794 (Sec. 504, Rehabilitation Act of 1973)
20 U.S.C.
1401 et seq. (Individuals with Disabilities Education Act)
42 U.S.C.
12101 (Americans with Disabilities Act of 1990)
N.J.S.A. 10:5-1
et seq.
N.J.S.A. 18A:18A-17
N.J.A.C. 6A:14-1
et seq.
34 CFR Part 104
Adopted:
Revised: 26 January 2004