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FOUNDATIONS

Regulation: IB.2R
NON-DISCRIMINATION POLICIES

Equality in the Educational and Employment Environment - Title IX


and
Section 504 Complaint Procedures

I. IDENTIFICATION OF COMPLIANCE OFFICERS

A. Title IX Compliance Officer

The Superintendent will appoint at least one Title IX officer who will
have duties as indicated by law and/or by this regulation. Notification of the
name, office address and telephone number of the Title IX officer will occur
by displaying permanent prominent posters in the buildings, as well as
communications in school handbooks, publications and the school website.

Exceptions:

In the provision of educational programs and activities, Title IX of the


Education Amendment Act of 1972 permits the following exceptions:

1. Portions of classes which deal exclusively with human sexuality


may be conducted in separate sections or sessions for male and
female students.

2. In choral music, limitation to one sex or predominantly one sex


is permitted if the vocal range or quality of the music requires it.

3. Nothing in this regulation will be interpreted as requiring or


prohibiting or abridging in any way the use of particular
textbooks or curricular materials.

4. Students may be grouped within physical education classes and


activities by ability as assessed by objective standards of
individual performance developed and applied without regard to
sex. Students may be separated by sex within physical
education classes or activities during participation in wrestling,
football, basketball or other sports if the purpose or major

Adopted: 10/11/00 Revised: 6/27/06


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activity involved bodily contact.

5. Separate athletic teams for members of each sex may be


operated:

a. When the sport involved is a contact sport, ie wrestling,


football or basketball; or

b. Where selection for the separate teams is based upon


competitive skill;

Provided that when a team in a particular sport is not currently


offered for one sex and there has been no such team for the
excluded sex, members of the excluded sex must be allowed to
try out for the team unless the sport involved is a contact sport.

6. Equal athletic opportunity shall be provided for members of both


sexes in sponsoring interscholastic, club or intramural athletics.
In determining whether such equal opportunity is provided, the
following factors will be considered: l.) whether the selection of
sports and levels of competition effectively accommodate the
interests and abilities of members of both sexes, 2.) the
provision of equipment and supplies, 3.) scheduling of games
and practice time, 4.) travel and per diem allowance, 5.)
opportunity to receive coaching and academic tutoring, 6.)
assignment and compensation of coaches and tutors, 7.)
provision of locker rooms, practice and competitive facilities, 8.)
provision of medical and training facilities and services, 9.)
provision of housing and dining facilities and services, and 10.)
publicity.

Unequal aggregate expenditure of funds for members of each


sex or for male and female athletic teams will not in and of itself
constitute a violation of this policy provided that both sexes
have substantially equal opportunity to participate in athletic
teams at all times.

7. Separation of students by sex in housing on field trips, etc, and

Adopted: 10/11/00 Revised: 6/27/06


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in toilet, locker and shower facilities is permitted, so long as
facilities provided for one sex are comparable to those provided
for the other sex.

8. Health or other insurance policies offered to students may


provide benefits or services which may be used by a different
proportion of students of one sex than of the other.

9. This policy does not apply in any way to the membership


practices of voluntary youth service organizations which are
exempt from taxation under Section 501 (a) of the Internal
Revenue Code and the membership of which has been
traditionally limited to members of one sex and principally to
persons of less than nineteen years of age.

B. Section 504 Compliance Officer

The Superintendent will appoint at least one individual to act as the


division's compliance officer under the provisions of Section 504, who will
have duties as indicated by law and/or by this regulation. Notification of the
name, office address and telephone number of the compliance officer will
occur by displaying permanent prominent posters in the buildings, as well as
communications in school handbooks, publications and the school website.

C. ADA Coordinator

The Superintendent will appoint at least one individual to act as the


division's ADA coordinator, to oversee the efforts to comply with the
Americans with Disabilities Act requirements.

II. PROCEDURES FOR INVESTIGATING COMPLAINTS ABOUT


TREATMENT OF STUDENTS

A. Title IX Complaints

Complaints about discrimination on the basis of sex in the treatment


of students may be made by students, their parents, employees of the
school system, or other citizens of Falls Church City acting on behalf of

Adopted: 10/11/00 Revised: 6/27/06


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students, to the title IX officer. Any such person is hereby referred to as
"the complainant." The complaint will be reduced to writing either by the
complainant or by the compliance officer and approved by the complainant.
The complaint should be made within 180 calendar days of the act or acts
complained of.

In seeking a resolution to such a complaint, the officer will investigate


promptly and pursue the complaint through the appropriate administrative
lines of authority. The compliance officer will provide the appropriate
administrator with the written statement of the complaint, and the
administrator will furnish the compliance officer with a written response and
recommendation. Administrators, including the Division Superintendent, will
make themselves available within a reasonable time and at a time mutually
convenient to discuss the complaint.

If, in the judgment of the compliance officer, the response and


recommendation would not resolve the non-compliance with the law, the
officer will advise the Division Superintendent and suggest measures
necessary to achieve compliance. In either circumstance, further action to
implement any recommendations is the responsibility of the Division
Superintendent.

The complainant may appeal a decision made at any level. The


complainant also has the right not to appeal.

The compliance officer has the responsibility for pressing a complaint:

When the original complainant has decided not to appeal a decision


made at any level, but, in the judgement of the officer, a probable
violation of the law continues to exist; and

When the complainant reveals a need for review of policies or


programs of a system wide nature.

Any person with a complaint concerning an alleged violation of Title IX


may file that complaint directly with the Office of Civil Rights (OCR), U. S.
Department of Education. However, in reviewing the complaint, the OCR
investigators may examine to what degree the procedures approved by the

Adopted: 10/11/00 Revised: 6/27/06


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local system for resolving the problem were used and on the basis of that
examination, then determine the need for OCR to intervene in the matter.

B. Section 504 Complaint Hearing Procedures

1. General Terms

a. Issues Giving Rise to a Hearing


A hearing may be requested by any current student or
parent/guardian of any student over any complaint alleging
discrimination based on disability, including complaints concerning the
identification, evaluation, and educational placement of students.

b. Requesting a Hearing
Requests for hearings shall be made in writing and directed to the
Director of Special Education and Student Services. A hearing must be
requested within forty-five (45) days of the dispute giving rise to the
hearing.

c. Appointment of a Hearing Officer


An impartial administrative hearing officer will be appointed by the
Director of Special Education and Students Services. The
administrative hearing officer must be appointed within ten
administrative days of receipt of a request for a hearing.

2. Pre-hearing Procedures

a. The administrative hearing officer is responsible for the following


matters prior to the hearing:
• Scheduling the hearing date and location and notification to the
parties;
• Ascertaining whether the parties will be represented at the
hearing;
• Ascertaining whether the hearing will be open or closed;
• Insuring that the hearing is accurately recorded either by
recording equipment or by a court reporter.

b. A list of documents and witnesses must be exchanged by the

Adopted: 10/11/00 Revised: 6/27/06


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parties one week prior to the hearing and copies provided to the
administrative hearing officer.

c. Pre-hearing conferences should be held, if appropriate.

3. Hearing Procedures

a. The parties have the following rights in a hearing:


• To be represented by counsel, with each party being responsible
for its own attorney fees;
• To present evidence and cross-examine witnesses;
• To prohibit the introduction of evidence that has not been
disclosed in advance;
• To obtain a copy of the transcript or a tape recording of the
hearing (the cost of the transcript to be borne by the requesting
party).
b. The student may attend the hearing.

c. The administrative hearing officer shall insure in connection with


the hearing, the following matters:
• An atmosphere conducive to impartiality and fairness;
• The appointment of a surrogate parent by the Division, if
appropriate, pursuant to the regulations adopted by the State
pursuant to the Individuals with Disabilities Education Act of
2004;
• Maintenance of an accurate record of the proceedings;
• Issuance of a written decision to all parties setting forth findings
of fact and conclusions of law based on the evidence presented
in the hearing;
• The decision must be issued within forty-five (45) calendar days
of receipt of the request for a hearing, unless continued for good
cause at the request of a party, and is final and binding unless
either party files an appeal in the appropriate court; and
• Assignment of the burden of proof to the party requesting the
hearing.

C. ADA Complaints

Adopted: 10/11/00 Revised: 6/27/06


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Regulation: IB.2R
Complaints about discrimination on the basis of sex in the treatment
of students may be made by students, their parents, employees of the
school system, or other citizens of Falls Church City acting on behalf of
students, to the ADA compliance officer. Any such person is hereby referred
to as “the complainant.” The complaint will be reduced to writing either by
the complainant or by the compliance officer and approved by the
complainant. The complaint should be made within 180 calendar days of
the act or acts complained of.

In seeking a resolution to such a complaint, the officer will investigate


promptly and pursue the complaint through the appropriate administrative
lines of authority. The compliance officer will provide the appropriate
administrator with the written statement of the complaint, and the
administrator will furnish the compliance officer with a written response and
recommendation. Administrators, including the Division Superintendent, will
make themselves available within a reasonable time and at a time mutually
convenient to discuss the complaint.

If, in the judgment of the compliance officer, the response and


recommendation would not resolve the non-compliance with the law, the
officer will advise the Division Superintendent and suggest measurers
necessary to achieve compliance. In either circumstance, further action to
implement any recommendations is the responsibility of the Division
Superintendent.

The complainant may appeal a decision made at any level. The


complainant also has the right not to appeal.

The compliance officer has the responsibility for pressing a complaint:

When the original complainant has decided not to appeal a decision


made at any level, but, in the judgment of the officer, a probable
violation of the law continues to exist; and

When the complainant reveals a need for review of policies or


programs of a system wide
nature.

Adopted: 10/11/00 Revised: 6/27/06


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Falls Church City Public Schools
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Regulation: IB.2R
Any person with a complaint concerning an alleged violation of the
Americans with Disabilities Act (ADA) may file that complaint directly with
the Office of Civil Rights (OCR), U. S. Department of Education. However, in
reviewing the complaint, the OCR investigators may examine to what
degree the procedures approved by the local system for resolving the
problem were used and on the basis of that examination, then determine
the need for OCR to intervene in the matter.

III. COMPLAINTS ABOUT TREATMENT OF EMPLOYEES

Employee grievances about discrimination will be governed by Policy


and Regulation 8.36.

Adopted: 10/11/00 Revised: 6/27/06


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