2016-2017 Student Handbook | Page 80

Section 504 of the Rehabilitation Act and the American with Disabilities Act (“ADA”) applies to the District, its programs, services and activities. Federal law requires that the District evaluate, identify, and provide free appropriate education to all students who are individuals with disabilities under federal law and reside within the district. Parents/guardians of these individuals are entitled to procedural safeguards, including individual notice and an impartial hearing. Under federal law, “an individual with a disability” is defined as a person who:  has a mental or physical impairment which substantially limits one or more major life activities, such as seeing, hearing, speaking, breathing, learning, or working; or  has a record of such impairment; or  is regarded as having such an impairment. The District will furnish auxiliary aids and services to students, employees, parents/guardians, and members of the public who have disabilities to the extent necessary for communications with other persons, unless it will result in an undue burden on, or a fundamental alteration in the program. Any person having inquiries concerning the School District’s compliance with the regulations implementing Title VI, Title IX, The Americans with Disabilities Act (ADA) or Section 504 of the Rehabilitation Act is directed to contact: TBD at 201-862-2305, Central Office, who has been designated to coordinate the District’s efforts to comply with the regulations implementing Title VI, Title IX, the ADA, and Section 504. The District has a grievance procedure for discrimination complaints as set forth below. See the above named coordinator for a description of this procedure. The above named coordinator will also supply information as to the existence and location of services, activities, and facilities that are accessible to and usable by disabled persons. GRIEVANCE PROCEDURE A grievance is a formal written claim by a student or group of students who are aggrieved by reason of the application of any school rule or regulation, or of an order by a staff member or by reason of any deficiency in the school system which requires remedial action. A grievance may also involve an alleged violation related to discrimination on the basis of race, color, creed, age, religion, sex, ancestry, national origin, disability, or social or economic status or sexual orientation. If the matter concerns an allegation of discrimination including harassment, grievance and any appeal must be made in writing to the affirmative action officer who shall make an attempt, after investigation, to resolve the matter. The principal shall be provided with a copy of the appeal. If the matter is not resolved by the Affirmative Action Officers within ten days, the officer’s findings shall be reported to the Superintendent of Schools. If the grievance cannot be resolved informally or whenever the grievant believes that such a procedure is inappropriate or impractical, the grievant shall file a written statement setting forth the following information:  A brief statement of the specific nature of the grievance and the facts giving rise to it, and the steps previously pursued.  A brief statement of the relief desired.  A brief statement of reasons why the grievant believes he/she is entitled to the relief sought. The written statement shall be delivered to the school principal who shall furnish a copy to the staff member involved. If the grievance concerns the principal, it shall be forwarded to the Superintendent of Schools. A conference will be scheduled within ten school days following receipt of the grievance, which shall be conducted informally, with each party having an opportunity to be heard. The principal shall render a written decision within five school days following the conference and a copy of same shall be provided to all interested parties. If either party is dissatisfied with the decision, he or she may appeal within ten school days following receipt of the written decision. The appeal shall be in writing and to the Superintendent of Schools. All interested parties shall be provided a copy of the appeal, which must contain a statement of reasons upon which the appeal is based. Upon receipt of the appeal, the Superintendent may decide the matter on the papers or hold a conference. The Superintendent will render a written decision to all interested parties within ten days following receipt of the papers or the conference, if one is held. If the Board is required to act, the Superintendent must make his/her recommendations within ten days