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1000 Series - Governing Policies » 1730 Nondiscrimination on the Basis of Disabilities

1730 Nondiscrimination on the Basis of Disabilities

The Wilkes County Board of Education will not discriminate against qualified disabled persons on the basis of a disability. This nondiscrimination policy includes, but is not limited to, benefits of and participation in district programs and activities. The district will provide aids, benefits, and services to disabled persons in the most integrated setting appropriate to the person's needs so they may have an opportunity commensurate to that provided to nondisabled persons to obtain the same results, gain the same benefit, or reach the same level of achievement. Those aids and services include, but are not limited to, qualified interpreters, assistive listening devices, television captioning and decoders, telecommunications devices for persons with hearing disabilities, videotext displays, readers, taped texts, note-takers, Braille materials, and large print materials.
Opportunity shall be provided for disabled citizens to request necessary aids and services. Citizen requests will be given first priority unless it can be reasonably demonstrated that another effective means of communication exists. Requests for auxiliary aids and/or services must be made five (5) days in advance of need - preferably in writing - to the office of the ADA Coordinator. Wheelchairs, eyeglasses, hearing aids, and personal services are not required under the law and cannot be made available.
The superintendent will develop appropriate procedures to ensure district compliance with this nondiscrimination policy. The superintendent or designee will:
  1. submit an assurance of nondiscrimination with each application for federal financial assistance;
  1. designate a civil rights coordinator who will coordinate the district's efforts to comply with Section 504 of the Rehabilitation Act of 1973 and its regulations, and the Americans with Disabilities Act, and its regulations;
  1. publish the name, address, and phone number of the 504 Coordinator and the ADA Coordinator in a manner intended to ensure that employees, applicants, students, parents, and other individuals who participate in the school district’s programs are aware of the coordinators;
  1. make grievance procedures available to employees as provided in policy 1750/7220 and to students as provided in policy 1740/4010. The grievance procedures will provide a prompt and equitable resolution to complaints alleging any action prohibited by 504 or ADA or regulations for the statutes;
  1. provide notice that the school district does not discriminate on the basis of disability in violation of Section 504 or the ADA or their implementing regulations. Such notice will be accessible to employees, applicants, students, and parents;
  1. make reasonable accommodation for qualifying applicants or employees with disabilities; however, a reasonable accommodation does not include an accommodation that demonstrably would impose an undue hardship on the program or would fundamentally alter the nature of the services, program, or activity;
  1. not inquire in regard to any disabilities which may need accommodation until after an applicant has been made an offer. Furthermore, employment tests or other selection criteria will not be used that tend to screen out persons with disabilities unless the criteria are demonstrably job-related and unless effective alternatives are not available;
  1. provide a free appropriate public education to each qualified student with disabilities in accordance with 34 C.F.R. pt. 104, subpart D; and
  1. establish and implement a system of procedural safeguards with respect to the identification, evaluation, or educational placement of a student with disabilities under Section 504 which includes an opportunity for the student’s parent or guardian to examine relevant records, an impartial hearing with the opportunity for participation by the parent or guardian and representation by counsel, and a review hearing.
Legal References:  The Rehabilitation Act of 1973, 29 U.S.C. 705(20), 794, 34 C.F.R. pt. 104; The Americans With Disabilities Act, 42 U.S.C. 12101 et seq., 28 C.F.R. pt. 35.

Cross References:  Student and Parent Grievance Procedure (policy 1740/4010), Grievance Procedure for Employees (policy 1750/7220), Discrimination and Harassment Prohibited by Federal Law (policy1710/4020/7230)

Adopted:  January 9, 2006
Revised:  January 10, 2022