BP 0410 - NONDISCRIMINATION IN DISTRICT PROGRAMS AND ACTIVITIES
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Board Policy 0410 - Nondiscrimination in District Programs and Activities
The Board of Trustees is committed to equal opportunity for all individuals in education. District programs, activities, and practices shall be free from discrimination based on race, color, ancestry, national origin, ethnic group identification, age, religion, marital or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, immigration status, or expression, or genetic information; the perception of one or more of such characteristics; or association with a person or group with one or more of these actual or perceived characteristics.
The Superintendent or designee shall review district programs and activities to ensure the removal of any barrier that may unlawfully prevent an individual or group in any of the protected categories stated above from accessing district programs and activities, including the use of facilities. He/she shall take prompt, reasonable actions to remove any identified barrier.
Pursuant to 34 CFR 106.9, students, parents/guardians, applicants for admission, and the public shall be notified about the County Board's policy on nondiscrimination and related complaint procedures. Such notification shall be included in the annual parental notification distributed pursuant to Education Code 48980 and, as applicable, in announcements, bulletins, catalogs, handbooks, application forms, or other materials distributed by the COE. The notification shall also be posted on the COE's web site and social media and in COE program sites and offices, including staff lounges, student government meeting rooms, and other prominent locations as appropriate.
The district's nondiscrimination policy and related informational materials shall be published in a format that parents/guardians can understand. In addition, when 15 percent or more of a school's students speak a single primary language other than English, those materials shall be translated into that other language.
The Governing Board is committed to providing equal opportunity for all individuals in district programs and activities. District programs, activities, and practices shall be free from unlawful discrimination, including discrimination against an individual or group based on race, color, ancestry, nationality, national origin, immigration status, ethnic group identification, ethnicity, age, religion, marital status, pregnancy, parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, gender expression, or genetic information; a perception of one or more of such characteristics; or association with a person or group with one or more of these actual or perceived characteristics.
The District shall avoid the disclosure of information that might indicate a student’s or family’s citizenship or immigration status if the disclosure is not authorized by Family Educational Rights and Privacy Act (FERPA).
The District personnel shall take the following action steps upon receiving an information request related to a student’s or family’s immigration or citizenship status:
Notify the Director of Pupil Services about the information request.
Provide students and families with appropriate notice and a description of the immigration officer’s request.
Document any verbal or written request for information by immigration authorities.
Unless prohibited, provide students and parents/guardians with any documents issued by the immigration-enforcement officer.
Except for investigations of child abuse, child neglect, or child dependency, 61 or when the subpoena served on the local educational agency prohibits disclosure,62 the district shall provide parental or guardian notification of any court orders, warrants, or subpoenas before responding to such requests.
The District shall require written parental or guardian consent for release of student information, unless the information is relevant for a legitimate educational interest or includes directory information only. Neither exception permits disclosing information to immigration authorities for immigration-enforcement purposes; no student information shall be disclosed to immigration authorities for immigrationenforcement purposes without a court order or judicial subpoena.
The District request for written or parental or guardian consent for release of student information must include the following information:
the signature and date of the parent, guardian, or eligible student providing consent;
a description of the records to be disclosed;
the reason for release of information;
the parties or class of parties receiving the information; and
if requested by the parents, guardians or eligible student, a copy of the records to be released. The [local educational agency] shall permanently keep the consent notice with the record file.
The parent, guardian, or eligible student is not required to sign the consent form. If the parent, guardian or eligible student refuses to provide written consent for the release of student information that this not otherwise subject to release, the [local educational agency] shall not release the information. Model Policies for Annual Information Notice to Parents and Guardians General Information Policy.
The [local educational agency] must provide an annual notice to parents and guardians of the school’s general information policies that includes:
Assurances that the [local educational agency] will not release information to third parties for immigration-enforcement purposes, except as required by law or court order.
A description of the types of student records maintained by the [local educational agency].
A list of the circumstances or conditions under which the [local educational agency] might release student information to outside people or entities.
A statement that, unless the District is providing information for a legitimate educational purpose under FERPA and the California Education Code or directory information, the District shall notify parents or guardians and eligible students—and receive their written consent—before it releases a student’s personally identifiable information
Directory Information Policy
If the District decides to release directory information, the [local educational agency] shall provide an annual notice to parents and guardians, and “eligible students” in attendance, of the District directory information policy that includes:
The categories of information that the [local educational agency] has classified as public directory information that may be disclosed without parental consent and which should only include the information specifically identified in Education Code section 49061, subdivision (c).
A statement that directory information does not include citizenship status, immigration status, place of birth, or any other information indicating national origin (except where the [local educational agency] receives consent as required under state law).
The recipients of the directory information.
A description of the parent’s or guardian’s abilities to refuse release of the student’s directory information, and how to refuse release.
The deadline in which the parent, guardian or student must notify the school in writing that he or she does not want the information designated as directory information.63
Monitor Visitors on Campus
No outsider—which would include immigration-enforcement officers—shall enter or remain on school grounds of the [local educational agency] during school hours without having registered with the principal or designee.77 If there are no exigent circumstances necessitating immediate action, and if the immigration officer does not possess a judicial warrant or court order that provides a basis for the visit, the officer must provide the following information to the principal or designee:
Name, address, occupation;
Age, if less than 21;
Purpose in entering school grounds;
Proof of identity; and
Any other information as required by law.
The District shall adopt measures for responding to outsiders that avoids classroom interruptions, and preserves the peaceful conduct of the school’s activities, consistent with local circumstances and practices.
The District shall post signs at the entrance of its school grounds to notify outsiders of the hours and requirements for registration.
District personnel shall report entry by immigration-enforcement officers to any on-site school police or other appropriate administrator as would be required for any unexpected or unscheduled outside visitor coming on campus.
On Campus Immigration Enforcement
As early as possible, District personnel shall notify the [Superintendent or designated administrator] of any request by an immigration-enforcement officer for school or student access, or any requests for review of school documents (including for the services of lawful subpoenas, petitions, complaints, warrants, etc.).
In addition to notifying the [Superintendent or designated administrator], District personnel shall take the following action steps in response to an officer present on the school campus specifically for immigration-enforcement purposes:
Advise the officer that before proceeding with his or her request, and absent exigent circumstances, school personnel must first receive notification and direction from the [Superintendent or administrator].
Ask to see, and make a copy of or note, the officer’s credentials (name and badge number). Also ask for and copy or note the phone number of the officer’s supervisor.
Ask the officer for his/her reason for being on school grounds and document it.
Ask the officer to produce any documentation that authorizes school access.
Make a copy of all documents provided by the officer. Retain one copy of the documents for school records.
If the officer declares that exigent circumstances exist and demands immediate access to the campus, District personnel should comply with the officer’s orders and immediately contact the [Superintendent or other administrator].
If the officer does not declare that exigent circumstances exist, respond according to the requirements of the officer’s documentation. If the immigration-enforcement officer has:
an ICE (Immigrations and Customs Enforcement) administrative warrant (see Appendix B), District personnel shall inform the agent that he or she cannot consent to any request without first consulting with the District’s counsel
a federal judicial warrant (search-and-seizure warrant or arrest warrant; see Appendix C & D), prompt compliance with such a warrant is usually legally required. If feasible, consult with the District’s legal counsel before providing the agent access to the person or materials specified in the warrant.
a subpoena for production of documents or other evidence (see Appendix E & F), immediate compliance is not required. Therefore, District personnel shall inform the District’s legal counsel or other designated official of the subpoena, and await further instructions on how to proceed.
While District personnel should not consent to access by an immigration-enforcement officer, except as described above, he/she should not attempt to physically impede the officer, even if the officer appears to be exceeding the authorization given under a warrant or other document. If an officer enters the premises without consent, District personnel shall document his or her actions while on campus.
After the encounter with the officer, [local educational agency] personnel shall promptly take written notes of all interactions with the officer. The notes shall include the following items:
List or copy of the officer’s credentials and contact information;
Identity of all school personnel who communicated with the officer;
Details of the officer’s request;
Whether the officer presented a warrant or subpoena to accompany his/her request, what was requested in the warrant/subpoena, and whether the warrant/subpoena was signed by a judge;
District personnel’s response to the officer’s request;
Any further action taken by the agent; and
Photo or copy of any documents presented by the agent.
District personnel shall provide a copy of those notes, and associated documents collected from the officer, to the District’s legal counsel or other designated agency official.
In turn, the District’s legal counsel or other designated official] shall submit a timely report to the District governing board regarding the officer’s requests and actions and the District response(s).
E-mail the Bureau of Children’s Justice in the California Department of Justice, at BCJ@doj.ca.gov, regarding any attempt by a law-enforcement officer to access a school site or a student for immigration-enforcement purposes.
Parental Notification of Immigration Enforcement Actions
District personnel must receive consent from the student’s parent or guardian before a student can be interviewed or searched by any officer seeking to enforce the civil immigration laws at the school, unless the officer presents a valid, effective warrant signed by a judge, or presents a valid, effective court order.
District personnel shall immediately notify the student’s parents or guardians if a law-enforcement officer requests or gains access to a student for immigration-enforcement purposes, unless such access was in compliance with a judicial warrant or subpoena that restricts the disclosure of the information to the parent or guardian.
Responding to the Detention or Deportation of a Student’s Family Member
The District shall encourage that families and students have and know their emergency phone numbers and know where to find important documentation, including birth certificates, passports, Social Security cards, doctors’ contact information, medication lists, lists of allergies, etc., which will allow them to be prepared in the event that a family member is detained or deported.
The District shall permit students and families to update students’ emergency contact information as needed throughout the school year, and provide alternative contacts if no parent or guardian is available.
The District shall ensure that families may include the information of an identified trusted adult guardian as a secondary emergency contact in case a student’s parent or guardian is detained.
The District shall communicate to families that information provided within the emergency cards will only be used in response to specified emergency situations, and not for any other purpose.
In the event a student’s parent/guardian has been detained or deported by federal immigration authorities, the District shall use the student’s emergency card contact information and release the student to the person(s) designated as emergency contacts. Alternatively, the District shall release the student into the custody of any individual who presents a Caregiver’s Authorization Affidavit on behalf of the student. The District shall only contact Child Protective Services if the District personnel are unsuccessful in arranging for the timely care of the child through the emergency contact information that the school has, a Caregiver’s Authorization Affidavit, or other information or instructions conveyed by the parent or guardian.
Access for Individuals with Disabilities
District programs and facilities, viewed in their entirety, shall be in compliance with the Americans with Disabilities Act and any implementing standards and/or regulations.
The Superintendent or designee shall ensure that the district provides auxiliary aids and services when necessary to afford individuals with disabilities equal opportunity to participate in or enjoy the benefits of a service, program, or activity. These aids and services may include, but are not limited to, qualified interpreters or readers, assistive listening devices, notetakers, written materials, taped text, and Braille or large print materials.
Individuals with disabilities shall notify the Superintendent or principal if they have a disability that requires special assistance or services. Reasonable notification should be given prior to the school-sponsored function, program, or meeting
Responding to Hate Crimes or Bullying
Adopting and Publicizing Anti-Bullying and Anti-Harassment Policy
The District shall adopt and publicize policies that prohibit discrimination, harassment, intimidation, and bullying on the basis of a student’s actual or perceived nationality, ethnicity, or immigration status.
Those policies must be translated in the student’s primary language if at least 15 percent of the students enrolled in the school speak a single primary language other than English.
The District shall notify parents and guardians of their children’s right to a free public education, regardless of immigration status or religious beliefs.
This information shall include information related to the “Know Your Rights” immigration enforcement established by the Attorney General.
The District shall inform students who are victims of hate crimes of their right to report such crimes. Processing Complaints of Harassment and Bullying.
The District shall adopt a process for receiving complaints of and investigating complaints of discrimination, harassment, intimidation, and bullying based on any of the following actual or perceived characteristics:
The complaint process must include, but is not limited to, the following steps:
A requirement that, if school personnel witness an act of discrimination, harassment, intimidation, or bullying, they shall take immediate steps to intervene when safe to do so;
A timeline to investigate and resolve complaints of discrimination, harassment, intimidation, or bullying that shall be followed by all schools under the jurisdiction of the local educational agency; and
An appeal process afforded to the complainant should he or she disagree with the resolution of a complaint.
The District shall ensure that complaint procedures contain confidentiality safeguards for immigration status information.
The District shall prohibit retaliation against a person who submits a complaint of discrimination, harassment, intimidation, or bullying.
- gender identity
- gender expression
- race or ethnicity
- sexual orientation
- association with a person or group with one or more of the aforementioned characteristics
- immigration status
The District shall educate students about the negative impact of bullying other students based on their actual or perceived immigration status or their religious beliefs or customs.
The District shall also train teachers, staff, and personnel to ensure that they are aware of their legal duty to take reasonable steps to eliminate a hostile environment and respond to any incidents of harassment based on the actual or perceived characteristics noted above.
Such training should, at minimum, provide agency personnel with the skills to do the following:
Discuss the varying immigration experiences among members of the student body and school community;
Discuss bullying-prevention strategies with students, and teach students to recognize the behavior and characteristics of bullying perpetrators and victims;
Identify the signs of bullying or harassing behavior;
Take immediate corrective action when bullying is observed; and
Report incidents to the appropriate authorities, including law enforcement in instances of criminal behavior.
200-262.4 Prohibition of discrimination
48980 Parental notifications
48985 Notices to parents in language other than English
51007 Legislative intent: state policy
8310.3 California Religious Freedom Act
11135 Nondiscrimination in programs or activities funded by state
12900-12996 Fair Employment and Housing Act
54953.2 Brown Act compliance with Americans with Disabilities Act
422.55 Definition of hate crime
422.6 Interference with constitutional right or privilege
CODE OF REGULATIONS, TITLE 5
4600-4670 Uniform complaint procedures
4900-4965 Nondiscrimination in elementary and secondary education programs
UNITED STATES CODE, TITLE 20
1400-1482 Individuals with Disabilities in Education Act
1681-1688 Discrimination based on sex or blindness, Title IX
2301-2415 Carl D. Perkins Vocational and Applied Technology Act
6311 State plans
6312 Local education agency plans
UNITED STATES CODE, TITLE 29
794 Section 504 of the Rehabilitation Act of 1973
UNITED STATES CODE, TITLE 42
2000d-2000d-7 Title VI, Civil Rights Act of 1964
2000e-2000e-17 Title VII, Civil Rights Act of 1964 as amended
2000h-2000h-6 Title IX
12101-12213 Americans with Disabilities Act
CODE OF FEDERAL REGULATIONS, TITLE 28
35.101-35.190 Americans with Disabilities Act, especially:
35.107 Designation of responsible employee and adoption of grievance procedures
35.136 Service animals
35.150-35.151 Program accessibility; facilities
35.160 Communications, general
36.303 Auxiliary aids and services
CODE OF FEDERAL REGULATIONS, TITLE 34
100.1-100.13 Nondiscrimination in federal programs, effectuating Title VI
104.1-104.39 Section 504 of the Rehabilitation Act of 1973
106.1-106.61 Discrimination on the basis of sex, effectuating Title IX, especially:
106.9 Dissemination of policy
Updated Legal Guidance: Protecting Transgender and Gender Nonconforming Students Against Sex Discrimination, July 2016
CALIFORNIA OFFICE OF THE ATTORNEY GENERAL PUBLICATIONS
Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist California's K-12 Schools in Responding to Immigration Issues, April 2018
U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS PUBLICATIONS
Examples of Policies and Emerging Practices for Supporting Transgender Students, May 2016
Dear Colleague Letter: Title IX Coordinators, April 2015
Dear Colleague Letter, May 26, 2011
Dear Colleague Letter: Harassment and Bullying, October 2010
Notice of Non-Discrimination, Fact Sheet, August 2010
Dear Colleague Letter: Electronic Book Readers, June 29, 2010
U.S. DEPARTMENT OF JUSTICE PUBLICATIONS
2010 ADA Standards for Accessible Design, September 2010
California Department of Education: http://www.cde.ca.gov
California Office of the Attorney General: http://oag.ca.gov
Pacific ADA Center: http://www.adapacific.org
Safe Schools Coalition: http://www.casafeschools.org
U.S. Department of Education, Office for Civil Rights: http://www.ed.gov/about/offices/list/ocr
U.S. Department of Justice, Civil Rights Division, Americans with Disabilities Act: http://www.ada.gov
Adopted: March 21, 2013
Revised: June 12, 2014
Evergreen School District, San Jose, California