1510 RIGHTS
OF PERSONS WITH HANDICAPS OR DISABILITIES/POLICY ON NON-DISCRIMINATION (M)
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 section 504
Coordinator 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:
Address: Memorial School
Dyer Avenue
South Hackensack, New Jersey 07606-1537
Telephone
Number: 201-440-2782
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 Chief School Administrator 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:
12 March 2007
Revised:
9 February 2009