102 Equal Educational Opportunity

It is the goal of the board to develop a healthy social, intellectual, emotional, and physical self-concept in the students enrolled in the school district.  Each student attending school will have the opportunity to use its education program and services as a means for self-improvement and individual growth.  In so doing, the students are expected to conduct themselves in a manner that assures each student the same educational opportunity.

 

The Diagonal Community School District does not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices.  The belief in equal educational opportunity serves as a guide for the board and employees in making decisions relating to school district facilities, employment, selection of educational materials, equipment, curriculum, and regulations affecting students. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Jessica Bishop, Diagonal Community School District, Diagonal, Iowa 50845; or by telephoning 641-734-5331.

 

Board policies, rules and regulations affect students while they are on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management and welfare of the school district.

 

The board requires all persons, agencies, vendors, contractors and other persons and organizations doing business with or performing services for the school district to subscribe to all applicable federal and state laws, executive orders, rules and regulations pertaining to contract compliance and equal opportunity.

 

Inquiries by students regarding compliance with equal educational opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, are directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, Jessica Bishop, Diagonal Community School District, Diagonal, Iowa 50845; or by telephoning 641-734-5331.

 

Inquiries by students regarding compliance with equal educational opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Director of the Region VII office of Civil Rights, U.S. Department of Education, John C. Kluczynski Federal Building, 230 S. Dearborn St., 37th Floor, Chicago, IL, 60604 (312) 730-1560, fax (312) 730-1576 OCR.Chicago@ed.gov, the Iowa Civil Rights Commissioner, https://icrc.iowa.gov, (515) 281-4121 or the Iowa Dept. of Education, Grimes State Office Bldg., Des Moines, IA 50319. (515) 281-5294.  This inquiry or complaint to the federal or state office may be done instead of, or in addition to, an inquiry or complaint at the local level.

 

This is a mandatory policy.

 

NOTE: A school district may have a different coordinator for each law or consolidate the responsibilities under one employee. The Iowa Department of Education encourages districts to have no more than two (2) coordinators: one for employment and one for programs. If the district has more than one coordinator, publications of this policy and notifications must include the name, contact address, contact phone number and email address for each coordinator.

NOTE: The language utilized above is consistent with Iowa Department of Education guidance released in the School Leader Update on September 1, 2015. The classes listed are all mandatory.  

 

NOTE: Some conduct that falls under a school’s equal educational opportunity policy also may trigger responsibilities under the state’s anti-bullying/anti-harassment laws. By limiting the response to a specific application of its equal educational opportunity policy and the accompanying grievance procedures, a school may fail to properly consider whether the alleged conduct also results in bullying and/or harassment.

 

 

Legal Reference:        20 U.S.C. §§ 1221 et seq. 

                                    20 U.S.C. §§ 1681 et seq.

                                    20 U.S.C. §§ 1701 et seq.

                                    29 U.S.C. § 206 et seq.

                                    29 U.S.C. § 794

                                    42 U.S.C. §§ 2000d and 2000e.

                                    42 U.S.C. §§ 12101 et seq.

                                    34 C.F.R. Pt. 100.

                                    34 C.F.R. Pt. 104.

Iowa Code §§ 216.6; 216.9; 256.11; 280.3.

                                    281 I.A.C. 12.

 

 

Cross Reference:        101      Educational Philosophy of the School District

                                    401.1    Equal Employment Opportunity

                                    506.1    Student Records

 

Approved 09-19-05      Reviewed 11-21-19, 1/21/21, 2/16/22          Revised 1/21/21, 2/16/22

102.E1 Notice of Nondiscrimination

The Diagonal Community School District offers career and technical programs in the following areas of study:

 

  • Agricultural Education
  • Business Education
  • Family and Consumer Sciences
  • Industrial Education

 

Students, parents, employees and others doing business with or performing services for the Diagonal Community School District are hereby notified that this school district does not discriminate on the basis of race, color, age (except students), religion, national origin, creed, sex, marital status, sexual orientation, gender identity, socioeconomic status, or disability in admission or access to, or treatment in, its programs and activities.  

The school district does not discriminate on the basis of race, color, age (except students), religion, national origin, creed, sex, sexual orientation, gender identity, socioeconomic status, or disability in admission or access to, or treatment in, its hiring and employment practices.  Any person having inquiries concerning the school district's compliance with the regulations implementing Title VI, Title VII, Title IX, the Americans with Disabilities Act (ADA), § 504 or Iowa Code § 280.3 is directed to contact:

Lorna Paxson

Equity Coordinator

403 West 2nd St.

Diagonal, Iowa

641-734-5331

Who has been designated by the school district to coordinate the school district's efforts to comply with the regulations implementing Title VI, Title VII, Title IX, the ADA, § 504 and Iowa Code § 280.3.

 

 

Approved 7-21-10          Reviewed 10-19-16, 11-25-19                 Revised  9-18-19, 11-25-19    

102.E2 Grievance form for Complaints of Discrimination or Non-Compliance with Federal or State Regulations Requiring Non-Discrimination

 

Form attached

102.E3 Grievance Documentation

Form attached

102.E4 Section 504 Student and Parental Rights

The Diagonal Community School District does not discriminate in its educational programs and activities on the basis of a student's disability.  It has been determined that your child has a qualifying disability for which accommodations may need to be made to meet his or her individual needs as adequately as the needs of other students.  As a parent, you have the right to the following:

  •  participation of your child in school district programs and activities, including extracurricular programs and activities, to the maximum extent appropriate, free of discrimination based upon the student's disability and at the same level as students without disabilities;
  • receipt of free educational services to the extent they are provided students without disabilities:
  • receipt of information about your child and your child's educational programs and activities in your native language; 
  • notice of identification of your child as having a qualifying disability for which accommodations may need to be made and notice prior to evaluation and placement of your child and right to periodically request a re-evaluation of your child;  
  • inspect and review your child's educational records including a right to copy those records for a reasonable fee; you also have a right to ask the school district to amend your child's educational records if you feel the information in the records is misleading or inaccurate; should the school district refuse to amend the records, you have a right to a hearing and to place an explanatory letter in your child's file explaining why you feel the records are misleading or inaccurate; 
  • hearing before an impartial hearing officer if you disagree with your child's evaluation or placement; you have a right to counsel at the hearing and have the decision of the impartial hearing officer reviewed.

Inquiries concerning the school district's compliance with the regulations implementing Title VI, Title IX, the Americans with Disabilities Act (ADA), § 504 or Iowa Code § 280.3 should be directed to:

Superintendent

403 West 2nd Street 

Diagonal, Iowa  

641-734-5331

who has been designated by the school district to coordinate the school district's efforts to comply with the regulations implementing Title VI, Title IX, the ADA, § 504 and Iowa Code § 280.3.

102.R1 Grievance Procedure

Students, parents of students, employees, and applicants for employment in the school district will have the right to file a formal complaint alleging discrimination under federal or state regulations requiring non-discrimination in programs and employment.

 

Level One - Principal, Immediate Supervisor or Personnel Contact Person

(Informal and Optional - may be bypassed by the grievant)

Employees with a complaint of discrimination based upon their gender, race, national origin, creed, religion, age, sexual orientation, gender identity or disability are encouraged to first discuss it with their immediate supervisor, with the objective of resolving the matter informally.  An applicant for employment with a complaint of discrimination based upon their gender, race, national origin, creed, religion, age, sexual orientation, gender identity or disability are encouraged to first discuss it with the personnel contact person.  This paragraph is for employees and “marital status” isn’t a protected class for employees.

A student, or a parent of a student, with a complaint of discrimination based upon their gender, race, national origin, creed, religion, marital status, sexual orientation, gender identity or disability are encouraged to discuss it with the instructor, counselor, supervisor, building administrator, program administrator or personnel contact person directly involved.

 

Level Two - Compliance Officer

If the grievance is not resolved at Level One and the grievant wishes to pursue the grievance, the grievant may formalize it by filing a complaint in writing on a Grievance Filing Form, which may be obtained from the Compliance Officer.  The complaint will state the nature of the grievance and the remedy requested.  The filing of the formal, written complaint at Level Two must be within 15 working days from the date of the event giving rise to the grievance, or from the date the grievant could reasonably become aware of such occurrence.  The grievant may request that a meeting concerning the complaint be held with the Compliance Officer.  A minor student may be accompanied at that meeting by a parent or guardian.  The Compliance Officer will investigate the complaint and attempt to resolve it.  A written report from the Compliance Officer regarding action taken will be sent to the involved parties within a reasonable time after receipt of the complaint. 

 

Level Three - Superintendent/Administrator

If the complaint is not resolved at Level Two, the grievant may appeal it to Level Three by presenting a written appeal to the superintendent within five working days after the grievant receives the report from the Compliance Officer, the grievant may request a meeting with the Superintendent.  The superintendent may request a meeting with the grievant to discuss the appeal.  A decision will be rendered by the superintendent within a reasonable time after the receipt of the written appeal.  If, in cases of disability grievances at the elementary and secondary level, the issue is not resolved through the grievance process, the parents have a right to an impartial hearing to resolve the issue.

This procedure in no way denies the right of the grievant to file formal complaints with the Iowa Civil Rights Commission, the U.S. Department of Education Office for Civil Rights or Office of Special Education Programs, the Equal Employment Opportunity Commission, or the Iowa Department of Education for mediation or rectification of civil rights grievances, or to seek private counsel for complaints alleging discrimination. 

 

Level Four - Appeal to Board

If the grievant is not satisfied with the superintendent's decision, the grievant can file an appeal with the board within five working days of the decision.  It is within the discretion of the board to determine whether it will hear the appeal.

 

The Compliance Officer is:

Name                            Karleen Stephens, Superintendent

Office Address              403 W. 2nd Street    Diagonal, IA

Phone Number             641-734-5331