100 Educational Objectives
Policy text goes here.
100 Legal Status of the School District
EDUCATIONAL PHILOSOPHY
100 - LEGAL STATUS OF THE SCHOOL DISTRICT
Iowa law authorizes the creation of a Common Schools System. As part of this Common Schools System, this school district is a school corporation created and organized under Iowa law. This school district shall be known as the WACO Community School District.
This school corporation is located in Henry, Washington, Louisa, and Jefferson Counties, and its affairs are conducted by elected school officials, the WACO Community School District Board of Directors. This school corporation has exclusive jurisdiction over school matters in the territory of the school district.
Legal Reference: Iowa Code §§ 274.1, .2, .6, .7; 278.1(9); 279.8; 594A (2001).
Cross Reference: 200 Legal Status of the Board of Directors
Approved: 6/17/99
Revised:
Reviewed: 5/16/2016, 9/19/22
101 Educational Philosophy of the School District
EDUCATIONAL PHILOSOPHY
101 - EDUCATIONAL PHILOSOPHY OF THE SCHOOL DISTRICT
The mission of the WACO Community School District is to develop responsible, productive citizens who view learning as a life-long process.
WACO's educational environment encourages continuous improvement, problem solving, measurable outcomes, and community involvement.
As a school corporation of Iowa, the WACO School District, acting through its board of directors, is dedicated to promoting an equal opportunity for a quality public education to its students. The board’s ability may be limited by the school district's ability and willingness to furnish financial support in cooperation with student’s parents and school district community. The board is also dedicated to providing the opportunity to develop a healthy social, intellectual, emotional, and physical self-concept in a learning environment that provides guidance to, and encourages critical thinking in, the students for a lifetime.
The board endeavors, through the dedication of the school district's resources, to encourage students, who come to the school district from a variety of backgrounds, to look forward to the time when they will have jobs, homes, families, places in the school district community, and attain recognition as individuals. In order to achieve this goal, the board will seek qualified employees dedicated to development of their professional skills for the betterment of the education program and for the expertise for educational productivity.
Instruction and curriculum are the key elements of a public education. Critical thinking and problem solving skills that will assist the students' preparation for life is instructed as part of a sequentially coordinated curriculum. The school district strives to prepare students for employment, to discover and nurture creative talent and to prepare them to meet and cope with social change in an atmosphere conducive to learning.
The support and involvement of the home and the school district community are essential to achieve educational excellence in the school district. The school district strives to maintain an active relationship with the home and the school district community to create within the students an awareness of dignity and worth of the individual, civic responsibility and respect for authority.
Legal Reference: Iowa Code §§ 256.11, .11A; 275.1 (2001).
Cross Reference: 102 Equal Educational Opportunity
103 Educational and Operational Planning
209 Board of Directors' Management Procedures
600 Goals and Objectives of the Education Program
602 Curriculum Development
Approved: 6/17/99
Revised:
Reviewed: 5/16/16, 9/19/22
101.1 WACO Elements of Success
EDUCATIONAL PHILOSOPHY
101.1 - WACO ELEMENTS OF SUCCESS
ALL WACO STUDENTS WILL:
1. COMMUNICATE EFFECTIVELY.
Use effective writing, speaking, and listening skills.
2. DEVELOP AND EXHIBIT SOCIAL RESPONSIBILITY.
· Cope with social and personal challenges (peer pressure, reasoning, decision-making).
3. DEMONSTRATE BASIC ACADEMIC SKILLS.
· Perform basic skills in reading, writing, math, science, and social studies.
4. THINK CRITICALLY AND SOLVE PROBLEMS.
· Apply critical-thinking strategies to solving problems and decision-making.
5. USE AND APPLY TECHNOLOGY SKILLS.
· Uses information technology as a lifelong learning tool.
· Uses technology skills to communicate effectively with others.
· Discerning consumers of information.
6. COMMIT TO LEARNING AS A LIFE-LONG PROCESS.
· Use skills to continue learning.
· Adapt to change.
· Evaluate and improve own performances.
7. DEVELOP AND USE SOCIAL SKILLS.
· Demonstrate personal responsibility in all situations.
· Cooperate with others as part of a team.
· Use leadership skills.
· Respect self, others, property.
· Work independently, using organizational skills, goal-setting, self-motivation.
· Accept criticism.
8. STRIVE TO LEAD A BALANCED LIFE.
· Experience arts, sports, music, recreation, leisure activities, and community responsibility.
· Practice a healthy lifestyle.
9. EMBRACE DIVERSITY.
· Understand global relationships.
· Accept and appreciate differences in others.
· Accept and respect others' ideas and opinions.
Legal Reference: Iowa Code §§ 256.11, .11A; 275.1 (2001).
Cross Reference: 102 Equal Educational Opportunity
103 Educational and Operational Planning
209 Board of Directors' Management Procedures
600 Goals and Objectives of the Education Program
602 Curriculum Development
Approved: 6/17/99
Revised: 12/15/08
Reviewed: 5/16/16, 9/19/22
102 Equal Educational Opportunity
EDUCATIONAL PHILOSOPHY
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 WACO 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, 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 Nick Stout, 706 North Pearl Street, Wayland, Iowa 52654, 319-256-6201, nick.stout@wacocsd.org.
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, Nick Stout, WACO Community School District, Wayland, Iowa 52654; or by telephoning 319-256-6201. .
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.
I.C. Iowa Code
Description
Iowa Code § 216.6
Iowa Code § 216.9
Unfair/Discriminatory Practices
Iowa Code § 256.11
Iowa Code § 280.3
Education Program - Attendance Center Requirements
I.A.C. Iowa Administrative Code
Description
281 I.A.C. 12
General Accreditation Standards
U.S.C - United States Code
Description
20 U.S.C. §§ 1221
Education - FERPA - General Provisions
20 U.S.C. §§ 1681
20 U.S.C. §§ 1701
29 U.S.C. § 206
29 U.S.C. §§ 794
42 U.S.C. § 12101
Public Health - Equal Opportunity - Disabilities
42 U.S.C. § 2000d
Public Health - Civil Rights - Federally Programs
42 U.S.C. § 2000e
Public Health - EEO Civil Rights - Definitions
C.F.R. - Code of Federal Regulations
Description
34 C.F.R. Pt. 100
Education - Nondiscrimination for Programs
34 C.F.R. Pt. 104
Education - Nondiscrimination on Basis of Handicap
Cross References
Code
Description
101
Educational Philosophy of the School District
104
Anti-Bullying/Harassment Policy
104-R(1)
Anti-Bullying/Harassment Policy - Investigation Procedures
104-E(1)
Anti-Bullying/Harassment Policy - Complaint Form
104-E(2)
Anti-Bullying/Harassment Policy - Witness Disclosure Form
104-E(3)
Anti-Bullying/Harassment Policy - Disposition of Complaint Form
401.01
502.03
Student Expression and Student Publications Code
502.03-R(1)
Student Expression and Student Publications Code - Regulation
506.01
506.01-R(1)
Education Records Access - Regulation
506.01-E(1)
Education Records Access - Request of Nonparent for Examination or Copies of Education Records
506.01-E(2)
Education Records Access - Authorization for Release of Education Records
506.01-E(3)
Education Records Access - Request for Hearing on Correction of Education Records
506.01-E(4)
Education Records Access - Request for Examination of Education Records
506.01-E(5)
Education Records Access - Notification of Transfer of Education Records
506.01-E(6)
Education Records Access - Letter to Parent Regarding Receipt of a Subpoena
506.01-E(7)
Education Records Access - Juvenile Justice Agency Information Sharing Agreement
506.01-E(8)
Education Records Access - Annual Notice
603.01
603.04
Multicultural/Gender Fair Education
802.05
Buildings & Sites Adaptation for Persons with Disabilities
Approved 2/11/88
Reviewed 8/17/2020
Revised 8/17/2020, 9/19/22, 8/19/2024
102.E1 Equal Educational Opportunity Section 504 Notice of Nondiscrimination
102.E1 - Equal Educational Opportunity - Annual Notice of Nondiscrimination
The WACO Community School District offers career and technical programs in the following areas of study:
Family & Consumer Science, (FACS), Agriculture, Business, Health
It is the policy of the WACO Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Nick Stout, 706 N. Pearl Street, Wayland, Iowa 52654, nick.stout@wacocsd.org, 319-256-6200.
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.
I.C. Iowa Code
Description
Iowa Code § 216.6
Iowa Code § 216.9
Unfair/Discriminatory Practices
Iowa Code § 256.11
Iowa Code § 280.3
Education Program - Attendance Center Requirements
I.A.C. Iowa Administrative Code
Description
281 I.A.C. 12
General Accreditation Standards
U.S.C - United States Code
Description
20 U.S.C. §§ 1221
Education - FERPA - General Provisions
20 U.S.C. §§ 1681
20 U.S.C. §§ 1701
29 U.S.C. § 206
29 U.S.C. §§ 794
42 U.S.C. § 12101
Public Health - Equal Opportunity - Disabilities
42 U.S.C. § 2000d
Public Health - Civil Rights - Federally Programs
42 U.S.C. § 2000e
Public Health - EEO Civil Rights - Definitions
C.F.R. - Code of Federal Regulations
Description
34 C.F.R. Pt. 100
Education - Nondiscrimination for Programs
34 C.F.R. Pt. 104
Education - Nondiscrimination on Basis of Handicap
Cross References
Code
Description
101
Educational Philosophy of the School District
104
Anti-Bullying/Harassment Policy
104-R(1)
Anti-Bullying/Harassment Policy - Investigation Procedures
104-E(1)
Anti-Bullying/Harassment Policy - Complaint Form
104-E(2)
Anti-Bullying/Harassment Policy - Witness Disclosure Form
104-E(3)
Anti-Bullying/Harassment Policy - Disposition of Complaint Form
401.01
502.03
Student Expression and Student Publications Code
502.03-R(1)
Student Expression and Student Publications Code - Regulation
506.01
506.01-R(1)
Education Records Access - Regulation
506.01-E(1)
Education Records Access - Request of Nonparent for Examination or Copies of Education Records
506.01-E(2)
Education Records Access - Authorization for Release of Education Records
506.01-E(3)
Education Records Access - Request for Hearing on Correction of Education Records
506.01-E(4)
Education Records Access - Request for Examination of Education Records
506.01-E(5)
Education Records Access - Notification of Transfer of Education Records
506.01-E(6)
Education Records Access - Letter to Parent Regarding Receipt of a Subpoena
506.01-E(7)
Education Records Access - Juvenile Justice Agency Information Sharing Agreement
506.01-E(8)
Education Records Access - Annual Notice
603.01
603.04
Multicultural/Gender Fair Education
802.05
Buildings & Sites Adaptation for Persons with Disabilities
Revised: 9/19/22, 8/19/2024
102.E2 Equal Educational Opportunity - Continuous Notice of Nondiscrimination
EDUCATIONAL PHILOSOPHY
102.E2 - EQUAL EDUCATIONAL OPPORTUNITY - CONTINUOUS NOTICE OF NONDISCRIMINATION
It is the policy of the WACO Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Nick Stout, 706 N. Pearl Street, Wayland, Iowa 52654, 319-256-6200, nick.stout@wacocsd.org.
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.
I.C. Iowa Code
Description
Iowa Code § 216.6
Iowa Code § 216.9
Unfair/Discriminatory Practices
Iowa Code § 256.11
Iowa Code § 280.3
Education Program - Attendance Center Requirements
I.A.C. Iowa Administrative Code
Description
281 I.A.C. 12
General Accreditation Standards
U.S.C - United States Code
Description
20 U.S.C. §§ 1221
Education - FERPA - General Provisions
20 U.S.C. §§ 1681
20 U.S.C. §§ 1701
29 U.S.C. § 206
29 U.S.C. §§ 794
42 U.S.C. § 12101
Public Health - Equal Opportunity - Disabilities
42 U.S.C. § 2000d
Public Health - Civil Rights - Federally Programs
42 U.S.C. § 2000e
Public Health - EEO Civil Rights - Definitions
C.F.R. - Code of Federal Regulations
Description
34 C.F.R. Pt. 100
Education - Nondiscrimination for Programs
34 C.F.R. Pt. 104
Education - Nondiscrimination on Basis of Handicap
Cross References
Code
Description
101
Educational Philosophy of the School District
104
Anti-Bullying/Harassment Policy
104-R(1)
Anti-Bullying/Harassment Policy - Investigation Procedures
104-E(1)
Anti-Bullying/Harassment Policy - Complaint Form
104-E(2)
Anti-Bullying/Harassment Policy - Witness Disclosure Form
104-E(3)
Anti-Bullying/Harassment Policy - Disposition of Complaint Form
401.01
502.03
Student Expression and Student Publications Code
502.03-R(1)
Student Expression and Student Publications Code - Regulation
506.01
506.01-R(1)
Education Records Access - Regulation
506.01-E(1)
Education Records Access - Request of Nonparent for Examination or Copies of Education Records
506.01-E(2)
Education Records Access - Authorization for Release of Education Records
506.01-E(3)
Education Records Access - Request for Hearing on Correction of Education Records
506.01-E(4)
Education Records Access - Request for Examination of Education Records
506.01-E(5)
Education Records Access - Notification of Transfer of Education Records
506.01-E(6)
Education Records Access - Letter to Parent Regarding Receipt of a Subpoena
506.01-E(7)
Education Records Access - Juvenile Justice Agency Information Sharing Agreement
506.01-E(8)
Education Records Access - Annual Notice
603.01
603.04
Multicultural/Gender Fair Education
802.05
Buildings & Sites Adaptation for Persons with Disabilities
Revised: 9/19/22, 8/19/2024
102.E3 SECTION 504 STUDENT AND PARENTAL RIGHTS
EDUCATIONAL PHILSOPOHY
102.E3 - SECTION 504 STUDENT AND PARENT RIGHTS
The WACO 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; and
- 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.
It is the policy of the WACO Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Nick Stout, 706 N. Pearl St, Wayland, IA 52654, 319-256-6200, nick.stout@wacocsd.org.
I.C. Iowa Code
Description
Iowa Code § 216.6
Iowa Code § 216.9
Unfair/Discriminatory Practices
Iowa Code § 256.11
Iowa Code § 280.3
Education Program - Attendance Center Requirements
I.A.C. Iowa Administrative Code
Description
281 I.A.C. 12
General Accreditation Standards
U.S.C - United States Code
Description
20 U.S.C. §§ 1221
Education - FERPA - General Provisions
20 U.S.C. §§ 1681
20 U.S.C. §§ 1701
29 U.S.C. § 206
29 U.S.C. §§ 794
42 U.S.C. § 12101
Public Health - Equal Opportunity - Disabilities
42 U.S.C. § 2000d
Public Health - Civil Rights - Federally Programs
42 U.S.C. § 2000e
Public Health - EEO Civil Rights - Definitions
C.F.R. - Code of Federal Regulations
Description
34 C.F.R. Pt. 100
Education - Nondiscrimination for Programs
34 C.F.R. Pt. 104
Education - Nondiscrimination on Basis of Handicap
Cross References
Code
Description
101
Educational Philosophy of the School District
104
Anti-Bullying/Harassment Policy
104-R(1)
Anti-Bullying/Harassment Policy - Investigation Procedures
104-E(1)
Anti-Bullying/Harassment Policy - Complaint Form
104-E(2)
Anti-Bullying/Harassment Policy - Witness Disclosure Form
104-E(3)
Anti-Bullying/Harassment Policy - Disposition of Complaint Form
401.01
502.03
Student Expression and Student Publications Code
502.03-R(1)
Student Expression and Student Publications Code - Regulation
506.01
506.01-R(1)
Education Records Access - Regulation
506.01-E(1)
Education Records Access - Request of Nonparent for Examination or Copies of Education Records
506.01-E(2)
Education Records Access - Authorization for Release of Education Records
506.01-E(3)
Education Records Access - Request for Hearing on Correction of Education Records
506.01-E(4)
Education Records Access - Request for Examination of Education Records
506.01-E(5)
Education Records Access - Notification of Transfer of Education Records
506.01-E(6)
Education Records Access - Letter to Parent Regarding Receipt of a Subpoena
506.01-E(7)
Education Records Access - Juvenile Justice Agency Information Sharing Agreement
506.01-E(8)
Education Records Access - Annual Notice
603.01
603.04
Multicultural/Gender Fair Education
802.05
Buildings & Sites Adaptation for Persons with Disabilities
Revised: 9/19/22, 8/19/2024
102.E4 DISCRIMINATION COMPLAINT FORM
EDUCATIONAL PHILOSOPHY
102.E4 - DISCRIMINATION COMPLAINT FORM
102.E5 - WITNESS DISCLOSURE FORM
EDUCATIONAL PHILOSOPHY
102.E5 - WITNESS DISCLOSURE FORM
102.E6 - DISPOSITION OF COMPLAINT FORM
EDUCATIONAL PHILOSOPHY
102.E6 - DISPOSITION OF COMPLAINT FORM
102.R1 Equal Educational Opportunity Grievance Procedure
EDUCATIONAL PHILOSOPHY
102.R1 - Equal Educational Opportunity General Grievance Procedures
It is the policy of the WACO Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Superintendent of Schools, 706 N. Pearl Street, Wayland, Iowa 52654, 319-256-6201. Office hours are 8:00 AM - 4:00 PM.
Students, parents of students, employees, and applicants for employment in the school district have the right to file a formal complaint alleging discrimination. The district has policies and procedures in place to identify and investigate complaints alleging discrimination. If appropriate, the district will take steps to prevent the recurrence of discrimination and to correct its discriminatory effects on the Complainant and others.
A Complainant may attempt to resolve the problem informally by discussing the matter with a building principal or a direct supervisor. However, the Complainant has the right to end the informal process at any time and pursue the formal grievance procedures outlined below. Use of the informal or formal grievance procedure is not a prerequisite to the pursuit of other remedies. Please note that informal processes and procedures are not to be used in certain circumstances (e.g., sexual harassment and sexual assault).
Filing a Complaint
A Complainant who wishes to avail himself/herself of this grievance procedure may do so by filing a complaint with the equity coordinator(s). An alternate will be designated in the event it is claimed that the equity coordinator or superintendent committed the alleged discrimination or some other conflict of interest exists. Complaints shall be filed within 30 days of the event giving rise to the complaint or from the date the Complainant could reasonably become aware of such occurrence. The Complainant will state the nature of the complaint and the remedy requested. The equity coordinator(s) shall assist the Complainant as needed.
Investigation
Within 15 working days, the equity coordinator will begin the investigation of the complaint or appoint a qualified person to undertake the investigation (hereinafter “equity coordinator”). If the Complainant is under 18 years of age, the equity coordinator shall notify his or her parent(s)/guardian(s) that they may attend investigatory meetings in which the Complainant is involved. The complaint and identity of the Complainant, Respondent, or witnesses will only be disclosed as reasonably necessary in connection with the investigation or as required by law or policy. The investigation may include, but is not limited to the following:
- A request for the Complainant to provide a written statement regarding the nature of the complaint;
- A request for the individual named in the complaint to provide a written statement;
- A request for witnesses identified during the course of the investigation to provide a written statement;
- Interviews of the Complainant, Respondent, or witnesses;
- An opportunity to present witnesses or other relevant information; and
- Review and collection of documentation or information deemed relevant to the investigation.
Within 60 working days, the equity coordinator shall complete the investigation and issue a report with respect to the findings.
The equity coordinator shall notify the Complainant and Respondent of the decision within 5 working days of completing the written report. Notification shall be by U.S. mail, first class.
Decision and Appeal
The complaint is closed after the equity coordinator has issued the report, unless within 10 working days after receiving the decision, either party appeals the decision to the superintendent by making a written request detailing why he/she believes the decision should be reconsidered. The equity coordinator shall promptly forward all materials relative to the complaint and appeal to the superintendent. Within 30 working days, the superintendent shall affirm, reverse, amend the decision, or direct the equity coordinator to gather additional information. The superintendent shall notify the Complainant, Respondent, and the equity coordinator of the decision within 5 working days of the decision. Notification shall be by U.S. mail, first class.
The decision of the superintendent shall be final.
The decision of the superintendent in no way prejudices a party from seeking redress through state or federal agencies as provided by in law.
This policy and procedures are to be used for complaints of discrimination, in lieu of any other general complaint policies or procedures that may be available.
If any of the stated timeframes cannot be met by the district, the district will notify the parties and pursue completion as promptly as possible.
Retaliation against any person, because the person has filed a complaint or assisted or participated in an investigation, is prohibited. Persons found to have engaged in retaliation shall be subject to discipline by appropriate measures.
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 sample grievance procedures include an appeal process that ends with the superintendent. If the board chooses to have a different practice that involves the board in these grievance procedures, the procedures should be updated to reflect this practice.
NOTE: The Office for Civil Rights requires that the procedures must designate reasonably prompt time frames for the major stages of the complaint process. The number listed in the italic brackets for each stage includes suggested time frames based on guidance from both the United States Office for Civil Rights and the Iowa Department of Education. Districts should ensure that the time frames selected are reasonable for the individual district.
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.
I.C. Iowa Code
Description
Iowa Code § 216.6
Iowa Code § 216.9
Unfair/Discriminatory Practices
Iowa Code § 256.11
Iowa Code § 280.3
Education Program - Attendance Center Requirements
I.A.C. Iowa Administrative Code
Description
281 I.A.C. 12
General Accreditation Standards
U.S.C - United States Code
Description
20 U.S.C. §§ 1221
Education - FERPA - General Provisions
20 U.S.C. §§ 1681
20 U.S.C. §§ 1701
29 U.S.C. § 206
29 U.S.C. §§ 794
42 U.S.C. § 12101
Public Health - Equal Opportunity - Disabilities
42 U.S.C. § 2000d
Public Health - Civil Rights - Federally Programs
42 U.S.C. § 2000e
Public Health - EEO Civil Rights - Definitions
C.F.R. - Code of Federal Regulations
Description
34 C.F.R. Pt. 100
Education - Nondiscrimination for Programs
34 C.F.R. Pt. 104
Education - Nondiscrimination on Basis of Handicap
Cross References
Code
Description
101
Educational Philosophy of the School District
104
Anti-Bullying/Harassment Policy
104-R(1)
Anti-Bullying/Harassment Policy - Investigation Procedures
104-E(1)
Anti-Bullying/Harassment Policy - Complaint Form
104-E(2)
Anti-Bullying/Harassment Policy - Witness Disclosure Form
104-E(3)
Anti-Bullying/Harassment Policy - Disposition of Complaint Form
401.01
502.03
Student Expression and Student Publications Code
502.03-R(1)
Student Expression and Student Publications Code - Regulation
506.01
506.01-R(1)
Education Records Access - Regulation
506.01-E(1)
Education Records Access - Request of Nonparent for Examination or Copies of Education Records
506.01-E(2)
Education Records Access - Authorization for Release of Education Records
506.01-E(3)
Education Records Access - Request for Hearing on Correction of Education Records
506.01-E(4)
Education Records Access - Request for Examination of Education Records
506.01-E(5)
Education Records Access - Notification of Transfer of Education Records
506.01-E(6)
Education Records Access - Letter to Parent Regarding Receipt of a Subpoena
506.01-E(7)
Education Records Access - Juvenile Justice Agency Information Sharing Agreement
506.01-E(8)
Education Records Access - Annual Notice
603.01
603.04
Multicultural/Gender Fair Education
802.05
Buildings & Sites Adaptation for Persons with Disabilities
Approved 2/9/84
Reviewed 8/17/2020
Revised 8/17/2020, 9/19/22
102.R2 Title IX Grievance Procedures
Please see the policies in the 106 categories for this information. 8/19/2024
REPORTING SEX DISCRIMINATION
Any person may report sex discrimination, including sexual harassment, to the Title IX Coordinator.
103 Educational and Operational Planning
EDUCATIONAL PHILOSOPHY
103 - LONG-RANGE NEEDS ASSESSMENT
Long-range needs assessment enables the school district to analyze assessment data, get feedback from the community about its expectations of students, and determine how well students are meeting student learning goals. At least every five years the board shall conduct an in-depth needs assessment, soliciting information from business, labor, industry, higher education and community members, regarding their expectations for adequate student preparation.
In conjunction with the in-depth needs assessment of the school district, the board shall authorize the appointment of a committee, representing administrators, employees, parents, students and community members, to make recommendations and assist the board in determining the priorities of the school district in addition to the basic skills areas of the education program.
The committee will be called the School Improvement Advisory Committee and will meet periodically throughout the school year.
It is the responsibility of the superintendent to ensure the school district community is informed of students’ progress on state and locally determined indicators. The superintendent will report annually to the board about the means used to keep the community informed.
As a result of the board and committee's work, the board will determine major educational needs and rank them in priority order; develop long-range goals and plans to meet the needs; establish and implement short-range and intermediate-range plans to meet the goals and to attain the desired levels of student performance; evaluate progress toward meeting the goals and maintain a record of progress under the plan that includes reports of student performance and results of school improvement projects; and annually report the school district's progress made under the plan to the committee, community and Iowa Department of Education.
Legal Reference: Iowa Code §§ 21; 256.7(4); 280.12, .18 (2001).
281 I.A.C. 12.8(1)(b).
Cross Reference: 101 Educational Philosophy of the School District
200 Legal Status of the Board of Directors
208 Ad Hoc Committees
603.1 Basic Instruction Program
801.1 Buildings and Sites Long-Range Planning
801.2 Buildings and Sites Surveys
Approved: 6/17/99
Revised: 05/23/01, 9/19/22
Reviewed: 5/16/16, 4/21/2025
103.R1 Long Range Needs Assessment
EDUCATIONAL PHILOSOPHY
103 R1 - LONG-RANGE NEEDS ASSESSMENT
School districts also need to develop a process for long-range needs assessment. The process needs to include three items.
Provisions for collecting, analyzing and reporting information derived from local, state and national sources;
Provisions for reviewing information acquired on the following:
state indicators and other locally determined indicators,
locally established student learning goals,
specific data collection required by state and federal programs;
Provisions for collecting and analyzing assessment data on the following:
state indicators,
locally determined indicators,
locally established student learning goals.
Approved: 12/15/08
Revised: 12/15/08
Reviewed: 5/16/16, 9/19/22
104 Anti-Bullying/Harrassment Policy
EDUCATIONAL PHILOSOPHY
104 - ANTI-BULLYING/HARASSMENT POLICY
The WACO Community School District is committed to providing all students, employees, and volunteers with a safe and civil school environment in which all members of the school community are treated with dignity and respect. Bullying and/or harassing behavior can seriously disrupt the ability of school employees to maintain a safe and civil environment, and the ability of students to learn and succeed.
Bullying and/or harassment of or by students, employees, and volunteers is against federal, state, and local policy and is not tolerated by the board.
Accordingly, school employees, volunteers, and students shall not engage in bullying or harassing behavior while on school property, while on school-owned or school-operated vehicles, while attending or participating in school-sponsored or sanctioned activities, and while away from school grounds if the conduct materially interferes with the orderly operation of the educational environment or is likely to do so.
Complaints may be filed with the superintendent or superintendent’s designee pursuant to the regulation accompanying this policy. The superintendent is responsible for implementation of this policy and all accompanying procedures. Complaints will be investigated within a reasonable time frame. Within 24 hours of receiving a report that a student may have been the victim of conduct that constitutes bullying and/or harassment, the district will notify the parent or guardian of the student.
If as a result of viewing surveillance system data or based on a report from a school district employee, the district determines that a student has suffered bullying or harassment by another student enrolled in the district, a parent or guardian of the student may enroll the student in another attendance center within the district that offers classes at the student’s grade level, subject to the requirements and limitations established in Iowa law related to this topic.
A school employee, volunteer, or student, or a student’s parent or guardian who promptly, reasonably, and in good faith reports an incident of bullying or harassment, in compliance with the procedures in the regulation, to the appropriate school official designated by the school district, shall be immune from civil or criminal liability relating to such report and to participation in any administrative or judicial proceeding resulting from or relating to the report.
Retaliation Prohibited
Individuals who knowingly file false bullying or harassment complaints and any person who gives false statements in an investigation may be subject to discipline by appropriate measures.
Any student found to have violated or retaliated in violation of this policy shall be subject to measures up to, and including, suspension and expulsion. Any school employee found to have violated or retaliated in violation of this policy shall be subject to measures up to, and including, termination of employment. Any school volunteer found to have violated or retaliated in violation of this policy shall be subject to measures up to, and including, removal from service and exclusion from school grounds.
Definitions
For the purposes of this policy, the defined words shall have the following meaning:
- “Electronic” means any communication involving the transmission of information by wire, radio, optic cable, electromagnetic, or other similar means. “Electronic” includes but is not limited to communication via electronic mail, internet-based communications, pager service, cell phones, and electronic text messaging.
- “Harassment” and “bullying” mean any repeated or potentially repeated electronic, written, verbal, or physical act or other ongoing conduct toward an individual based on any trait or characteristic of the individual which creates an objectively hostile school environment that meets one or more of the following conditions:
- Places the individual in reasonable fear of harm to the individual’s person or property.
- Has a substantial detrimental effect on the individual’s physical or mental health.
- Has the effect of substantially interfering with the individual’s academic or career performance. Has the effect of substantially interfering with the individual’s ability to participate in or benefit from the services, activities, or privileges provided by a school.
- “Trait or characteristic of the individual” includes but is not limited to age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status.
- “Volunteer” means an individual who has regular, significant contact with students.
Publication of Policy
The board will annually publish this policy. The policy may be publicized by the following means:
- Inclusion in the student handbook,
- Inclusion in the employee handbook
- Inclusion in the registration materials
- Inclusion on the school or school district’s web site
NOTE: This is a mandatory policy. School districts are required to integrate the anti-bullying and anti-harassment policy into the comprehensive school improvement plan and shall collect and report data regarding instances of bullying and harassment as required by law.
NOTE: Some conduct that falls under a school’s anti-bullying/anti-harassment policy also may trigger responsibilities under one or more of the federal and state antidiscrimination laws. By limiting the response to a specific application of its anti-bullying/anti-harassment disciplinary policy and the accompanying procedures, a school may fail to properly consider whether the alleged conduct also results in discriminatory bullying and/or harassment.
Legal Reference:
20 U.S.C. §§ 1221-1234i.
29 U.S.C. § 794.
42 U.S.C. §§ 2000d-2000d-7.
42 U.S.C. §§ 12101 2et. seq.
Iowa Code §§ 216.9; 280.28; 280.3.
281 I.A.C. 12.3(6).
Morse v. Frederick, 551 U.S. 393 (2007)
I.C. Iowa Code
Description
Iowa Code § 216.9
Unfair/Discriminatory Practices
Iowa Code § 280.28
Harassment and Bullying Prohibited
Iowa Code § 280.3
Education Program - Attendance Center Requirements
I.A.C. Iowa Administrative Code
Description
281 I.A.C. 12.3
U.S.C - United States Code
Description
20 U.S.C. §§ 1221
Education - FERPA - General Provisions
29 U.S.C. §§ 794
42 U.S.C. § 12101
Public Health - Equal Opportunity - Disabilities
42 U.S.C. § 2000d
Public Health - Civil Rights - Federally Programs
U.S. Supreme Court
Description
551 U.S. 393
Cross References
Code
Description
102
102-R(1)
Equal Educational Opportunity - Grievance Procedure
102-EH(1)
Equal Educational Opportunity - Annual Notice of Nondiscrimination
102-EH(2)
Equal Educational Opportunity - Continuous Notice of Nondiscrimination
102-EH(3)
Equal Educational Opportunity - Notice of Section 504 Student and Parental Rights
102-E(4)
Equal Educational Opportunity - Discrimination Complaint Form
102-E(5)
Equal Educational Opportunity - Witness Disclosure Form
102-E(6)
Equal Educational Opportunity - Disposition of Complaint Form
401.01
401.13
Staff Technology Use/Social Networking
401.13-R(1)
Staff Technology Use/Social Networking - Regulation
402.03
Abuse of Students by School District Employees
404
Employee Conduct and Appearance
404-R(1)
Employee Conduct and Appearance - Code of Professional Conduct and Ethics Regulation
404-R(2)
Employee Conduct and Appearance - Code of Rights and Responsibilities Regulation
604.11
Appropriate Use of Online Learning Platforms
605.06
605.06-R(1)
Internet - Appropriate Use - Regulation
605.06-E(1)
Internet - Appropriate Use - Internet Access Permission Letter to Parents
605.06-E(2)
Internet - Appropriate Use - Violation Notice
Approved: 8/20/07
Revised: 8/17/2020, 10/17/2022, 8/21/2023
Reviewed: 8/17/2020
104.E1 Anti-Harassment/Bullying Complaint Fom
EDUCATIONAL PHILOSOPHY
104.E1 - COMPLAINT FORM
104.E2 Anti-Harassment/Bullying Witness Disclosure Form
EDUCATIONAL PHILOSOPHY
104.E2 - WITNESS DISCLOSURE FORM
104.E3 - Disposition of Complaint Form
EDUCATIONAL PHILOSOPHY
104.E3 - DISPOSITION OF COMPLAINT FORM
104.R1 Anti-Harassment/Bullying Investigation Procedures
EDUCATIONAL PHILOSOPHY
104.R1 - ANTI-HARASSMENT/BULLYING INVESTIGATION PROCEDURES REGULATION
Filing a Complaint
An individual who believes that the individual has been harassed or bullied may file a complaint with the superintendent or superintendent’s designee. The complaint form is available with policy 104.E1 or can be obtained in the principal's office. An alternate investigator will be designated in the event it is claimed that the superintendent or superintendent’s designee committed the alleged bullying or harassment or some other conflict of interest exists. Complaints shall be filed within 30 days of the event giving rise to the complaint or from the date the Complainant could reasonably become aware of such occurrence. The Complainant will state the nature of the complaint and the remedy requested. The Complainant shall receive assistance as needed.
Investigation
The school district will promptly and reasonably investigate allegations of bullying or harassment upon receipt of a written complaint. The Level 1 investigator (hereinafter “Investigator”) will be responsible for handling all complaints alleging bullying or harassment.
The investigation may include, but is not limited to the following:
- Interviews with the Complainant and the individual named in the complaint (“Respondent”)
- A request for the Complainant to provide a written statement regarding the nature of the complaint;
- A request for the Respondent to provide a written statement;
- Interviews with witnesses identified during the course of the investigation;
- A request for witnesses identified during the course of the investigation to provide a written statement; and
- Review and collection of documentation or information deemed relevant to the investigation.
The Investigator shall consider the totality of circumstances presented in determining whether conduct objectively constitutes bullying or harassment as defined in Board policy. Upon completion of the investigation, the Investigator shall issue a report with respect to the findings, and provide a copy of the report to the appropriate building principal or Superintendent if the investigation involved the building principal
The complaint and identity of the Complainant, Respondent, or witnesses will only be disclosed as reasonably necessary in connection with the investigation or as required by law or policy. Similarly, evidence uncovered in the investigation shall be kept confidential to the extent reasonably possible.
Decision
The investigator, building principal or superintendent, depending on the individuals involved, shall inform the Complainant and the accused about the outcome of the investigation. If, after an investigation, a student is found to be in violation of the policy, the student shall be disciplined by appropriate measures, which may include suspension and expulsion. If after an investigation a school employee is found to be in violation of this policy, the employee shall be disciplined by appropriate measures, which may include termination. If after an investigation a school volunteer is found to be in violation of this policy, the volunteer shall be subject to appropriate measures, which may include exclusion from school grounds.
Individuals who knowingly file false bullying and/or harassment complaints and any person who gives false statements in an investigation may be subject to discipline by appropriate measures, as shall any person who is found to have retaliated against another in violation of this policy. Any student found to have retaliated in violation of this policy shall be subject to measures up to, and including, suspension and expulsion. Any school employee found to have retaliated in violation of this policy shall be subject to measures up to, and including, termination of employment. Any school volunteer found to have retaliated in violation of this policy shall be subject to measures up to, and including, exclusion from school grounds.
NOTE: School districts must include a number of requirements in the district anti-bullying/anti-harassment policy. This regulation builds on the requirements addressed in IASB sample policy 104 by more specifically detailing sample investigation procedures. Districts should ensure that the district’s practice is reflective of the policy and regulations that the district’s leadership team has established. Please remember that the procedures outlined here should be consistent with the policy.
NOTE: Some conduct that falls under a school’s anti-bullying/anti-harassment policy also may trigger responsibilities under one or more of the federal and state antidiscrimination laws. By limiting the response to a specific application of its anti-bullying/anti-harassment disciplinary policy and the accompanying procedures, a school may fail to properly consider whether the alleged conduct also results in discriminatory bullying and/or harassment.
I.C. Iowa Code
Description
Iowa Code § 216.9
Unfair/Discriminatory Practices
Iowa Code § 280.28
Harassment and Bullying Prohibited
Iowa Code § 280.3
Education Program - Attendance Center Requirements
I.A.C. Iowa Administrative Code
Description
281 I.A.C. 12.3
Administration
U.S.C - United States Code
Description
20 U.S.C. §§ 1221
Education - FERPA - General Provisions
29 U.S.C. §§ 794
Labor - Vocation Rehab Rights
42 U.S.C. § 12101
Public Health - Equal Opportunity - Disabilities
42 U.S.C. § 2000d
Public Health - Civil Rights - Federally Programs
U.S. Supreme Court
Description
551 U.S. 393
Morse v Frederick (2007)
Cross References
Code
Description
102
Equal Educational Opportunity
102-R(1)
Equal Educational Opportunity - Grievance Procedure
102-EH(1)
Equal Educational Opportunity - Annual Notice of Nondiscrimination
102-EH(2)
Equal Educational Opportunity - Continuous Notice of Nondiscrimination
102-EH(3)
Equal Educational Opportunity - Notice of Section 504 Student and Parental Rights
102-E(4)
Equal Educational Opportunity - Discrimination Complaint Form
102-E(5)
Equal Educational Opportunity - Witness Disclosure Form
102-E(6)
Equal Educational Opportunity - Disposition of Complaint Form
401.01
Equal Employment Opportunity
401.13
Staff Technology Use/Social Networking
401.13-R(1)
Staff Technology Use/Social Networking - Regulation
402.03
Abuse of Students by School District Employees
404
Employee Conduct and Appearance
404-R(1)
Employee Conduct and Appearance - Code of Professional Conduct and Ethics Regulation
404-R(2)
Employee Conduct and Appearance - Code of Rights and Responsibilities Regulation
604.11
Appropriate Use of Online Learning Platforms
605.06
Internet - Appropriate Use
605.06-R(1)
Internet - Appropriate Use - Regulation
605.06-E(1)
Internet - Appropriate Use - Internet Access Permission Letter to Parents
605.06-E(2)
Internet - Appropriate Use - Violation Notice
Approved: 8/20/07
Revised: 8/17/2020, 10/17/2022
Reviewed: 8/17/2020
105 - Assistance Animals
EDUCATIONAL PHILOSOPHY
105 - ASSISTANCE ANIMALS
It is the policy of WACO Community School District to foster an equal education environment for all students, employees and community members within the district. The purpose of this policy is to provide guidance to the district on the proper use of assistance animals while on district property. The district shall allow the use of qualified service to accompany individuals with disabilities in all areas of district buildings where the public is normally allowed to go. This can include classrooms, cafeteria and school buses. Individuals with disabilities are people who have a physical or mental impairment that substantially limits one or more major life activities. Service animals are dogs and in some instances miniature horses trained to do work or perform tasks for individuals with disabilities.
Service animals must be current on all required vaccinations. Service animals also must be under control while on district grounds. The animal may be under control by either the individual with a disability, or a handler of the service. Under control means harnessed, leashed or tethered, unless these devices interfere with the animal’s work, in which case under voice or other directive control.
Miniature Horses as Service Animals
Miniature horses shall be allowed as service animals within the district whenever it is reasonable to allow them. Factors to consider when determining reasonableness include: whether the miniature horse is house broken; whether the miniature horse is under the owner’s control; whether the facility can accommodate the miniature horse’s type, size and weight; and whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility.
Establishing the Need for a Service Animal
When no prior notice is given to the district of the use of a service animal, the Superintendent and/or school administrators are permitted to ask the following questions:
“Do you need/require this animal because of a disability?”
If the animal’s trained tasks are not readily apparent, the administrator may ask:
“What work or task has the animal been trained to perform?”
Service Animals in training
Assuming the handler and animal are otherwise allowed, individuals who train service animals will also be allowed access with their service animal in training to public areas of district buildings and property. The service animal in training is expected to abide by the same requirements as a service or assistive animal.
Exclusion of Service Animals
In certain limited circumstances, it may be reasonable to exclude the use of a service animal from district property. The Superintendent is permitted to exclude service animals from district buildings and property in the following circumstances: The presence of the animal poses a direct threat to the health and safety of others; the owner or handler is unable to control the animal; the animal is not house broken; the presence of the animal significantly disrupts or interferes with the educational process; or the presence of the animal would require a fundamental alteration to the program. If a service animal is properly excluded from district property, the district shall provide the student served by the animal the opportunity to participate in the program, service or activity without having the service animal on district property.
Emotional Support Animals and Therapy Animals
Emotional support animals are medically prescribed to provide therapeutic benefit through dedicated companionship. Emotional support animals’ sole function is to provide emotional support or comfort. Therapy animals are involved in an animal-assisted therapy program involving animals as a form of treatment.
Emotional support animals and therapy animals do not meet the definition of service animals. However, the district recognizes their value in our community. The superintendent shall evaluate the use of emotional support animals and therapy animals on a case-by-case basis. District employees may use therapy animals in the course of their regular duties only after receiving permission from the superintendent.
Student use of Emotional Support Animals and Therapy Animals
Factors the superintendent should consider in making the determination include but are not limited to:
- Whether the animal is housebroken
- Whether the animal has a current vaccination certificate
- Whether the animal has been recommended through an individual education plan (IEP) or a 504 plan as necessary for the student to receive free access to public education
- Whether the facility can accommodate the animal’s type size and weight, and
- Whether the animal’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility
Employee use of Therapy Animals as part of Education Environment
Before permission to use therapy animals is granted, staff members must provide:
- Proof that the animal is certified to be a therapy animal;
- An explanation of how the animal will be used, including research supporting the use of therapy animals;
- A plan for how the staff member will provide for the care and control of the animal;
- A plan for how the staff member will accommodate students with allergies to the animal; and
- A current vaccination certificate for the animal.
NOTE: The use of service animals is a civil right established by federal and state laws. However, the use of emotional support and therapy animals does not necessarily have the same legal protections. The portion of this policy in italics reflects optional language for your district to consider.
|
Legal Reference: |
29 U.S.C. §794 |
|
I.C. Iowa Code |
Description |
|
Iowa Code § 216C |
|
|
U.S.C - United States Code |
Description |
|
29 U.S.C. §§ 794 |
|
|
42 U.S.C. §12132 |
Public Health - Equal Opportunity/Disabilities - Prohibition Against |
|
C.F.R. - Code of Federal Regulations |
Description |
|
28 C.F.R. 35 |
Cross References
|
Code |
Description |
|
606.03 |
Approved: 10/17/2022
Revised:
Reviewed:
106 - Discrimination and Harassment Based on Sex Prohibited
EDUCATIONAL PHILOSOPHY
106 - DISCRIMINATION AND HARASSMENT BASED ON SEX PROHIBITED
In accordance with Title IX of the Education Amendments Act of 1972, the WACO Community School District prohibits sex discrimination, including sexual harassment as defined by the regulations implementing Title IX (34 C.F.R. § 106.30), against any individual participating in any education program or activity of the District. This prohibition on discrimination applies to students, employees, and applicants for employment.
The Board authorizes the Superintendent to adopt procedures for any individual to report sexual harassment to the District’s Title IX Coordinator, for the provision of supportive measures to anyone who has been subjected to sexual harassment whether or not they proceed with a formal complaint under those procedures, and for the investigation and resolution of such complaints, as required by Title IX. This Title IX grievance process shall be used to respond to all complaints of sexual harassment that fall within the scope of Title IX. For complaints of sexual harassment that do not fall within the scope of Title IX, the District may still offer supportive measures to the subject of such conduct and shall apply any other policy or procedure applicable to the alleged conduct.
Any individual with questions about the District’s Title IX policy and procedures, or who would like to make a report or file a formal complaint of sex discrimination or sexual harassment may contact the District’s designated Title Coordinator, Nick Stout, 706 North Pearl Street, Wayland, Iowa, 52654, (319) 256-6200, nick.stout@wacocsd.org.
Retaliation against a person who made a report or complaint of sexual harassment, assisted, or participated in any manner in an investigation or resolution of a sexual harassment report or complaint is strictly prohibited. Retaliation includes threats, coercion, discrimination, intimidation, reprisals, and/or adverse actions related to employment or education. Any individual who believed they have been retaliated against in violation of this Policy should immediately contact the District’s Title IX Coordinator.
NOTE: This is a mandatory policy.
|
Legal Reference: |
20 U.S.C. § 1681 et seq. |
|
U.S.C - United States Code |
Description |
|
20 U.S.C. §§ 1681 |
|
|
C.F.R. - Code of Federal Regulations |
Description |
|
34 C.F.R. 106 |
Approved: 10/17/2022
Revised: 8/19/2024
Reviewed:
106.01 - Title IX - Discrimination and Harassment Based on Sex Prohibited
EDUCATIONAL PHILOSOPHY
106.01 - TITLE IX - DISCRIMINATION AND HARASSMENT BASED ON SEX PROHIBITED
The board believes in the importance of creating a learning environment where all students can succeed. For this reason, it is essential that all students and employees have appropriate access to the education program and activities of the district. The District does not discriminate on the basis of sex and prohibits sex discrimination in any education program or activity that it operates, as required by Title IX, including in admission and employment.
Discrimination on the basis of sex includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. Conduct that occurs under the district’s education program or activity includes but is not limited to conduct that occurs in a building owned or controlled by the district or a student organization that is officially recognized by a postsecondary institution, and conduct that is subject to the recipient’s disciplinary authority.
The Superintendent or their designee will develop administrative regulations in furtherance of this policy.
Important Definitions
Complainant means a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or its regulations; or a person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or its regulations and who was participating or attempting to participate in the recipient’s education program or activity at the time of the alleged sex discrimination.
Complaint means an oral or written request to the recipient that objectively can be understood as a request for the recipient to investigate and make a determination about alleged discrimination under Title IX or its regulations.
Respondent means a person who is alleged to have violated the District’s prohibition on sex discrimination.
Retaliation means intimidation, threats, coercion, or discrimination against any person by the recipient, a student, or an employee or other person authorized by the recipient to provide aid, benefit, or service under the recipient’s education program or activity, for the purpose of interfering with any right or privilege secured by Title IX or its regulations, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under the Title IX regulations.
Sex-based harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity, that is:
Supportive measures means individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant or respondent to:
| C.F.R. - Code of Federal Regulations | Description |
|---|---|
| 34 C.F.R. 106 | Education - Nondiscrimination Based on Sex |
106.01E1 - Title IX - Notice of Non-Discrimination Exhibit
EDUCATIONAL PHILOSOPHY
106.01E1 - TITLE IX - NOTICE OF NON-DISCRIMINATION EXHIBIT
The District does not discriminate on the basis of sex and prohibits sex discrimination in all education programs and activities operated by the district, as required by Title IX, including in admission and employment. Inquiries about the application of Title IX to the district may be referred to the district’s Title IX coordinator, Nick Stout, Secondary Principal, 319-256-6201, 706 N Pearl Street, Wayland, Iowa 52654, nick.stout@wacocsd.org, the Office of Civil Rights, or both. The district’s Title IX Nondiscrimination policy and grievance procedures are located in electronic format within the district’s policy reference manual, accessible through the district’s website. For questions locating this policy please contact the Board Secretary. Individuals wishing to report conduct that may constitute sex discrimination and/or make a complaint of sex discrimination should contact the district’s Title IX Coordinator, Nick Stout, Secondary Principal, 319-256-6201, 706 N Pearl Street, Wayland, Iowa 52654, nick.stout@wacocsd.org.
Note: The language in this exhibit is mandatory and should be included in the district’s registration materials, all student and employee handbooks, published on the district’s website, and included in all employment and open enrollment applications.
Adopted: 8/19/2024
106.01E1 - Title IX - Notice of Non-Discrimination Exhibit
EDUCATIONAL PHILOSOPHY
106.01E1 - TITLE IX - NOTICE OF NON-DISCRIMINATION EXHIBIT
The District does not discriminate on the basis of sex and prohibits sex discrimination in all education programs and activities operated by the district, as required by Title IX, including in admission and employment. Inquiries about the application of Title IX to the district may be referred to the district’s Title IX coordinator, Nick Stout, Secondary Principal, 319-256-6201, 706 N Pearl Street, Wayland, Iowa 52654, nick.stout@wacocsd.org, the Office of Civil Rights, or both. The district’s Title IX Nondiscrimination policy and grievance procedures are located in electronic format within the district’s policy reference manual, accessible through the district’s website. For questions locating this policy please contact the Board Secretary. Individuals wishing to report conduct that may constitute sex discrimination and/or make a complaint of sex discrimination should contact the district’s Title IX Coordinator, Nick Stout, Secondary Principal, 319-256-6201, 706 N Pearl Street, Wayland, Iowa 52654, nick.stout@wacocsd.org.
Note: The language in this exhibit is mandatory and should be included in the district’s registration materials, all student and employee handbooks, published on the district’s website, and included in all employment and open enrollment applications.
Adopted: 8/19/2024
106.01R1 - Title IX - Discrimination and Harassment Based on Sex Prohibited - Education on Title IX Purpose and Requirements Regulation
EDUCATIONAL PHILOSOPHY
106.01R1 - TITLE IX - DISCRIMINATION AND HARASSMENT BASED ON SEX PROHIBITED - EDUCATION ON TITLE IX PURPOSE AND REQUIREMENTS REGULATION
All employees will receive training on the district’s obligation to address sex discrimination in the district’s education programs and activities. The training will include but not be limited to the scope of conduct that constitutes sex discrimination under Title IX, including the definition of sex-based harassment, pregnancy-related conditions and the district’s response to sex discrimination.
Employees who serve as investigators, decision makers, are responsible for implementing grievance procedures, or who can modify or terminate supportive measures will receive training that includes but is not limited to the district’s response to sex discrimination, grievance procedures, how to serve impartially (if applicable to their role), and the meaning of the term “relevant” as applied in 34 CFR 106.45 &.46.
Employees who facilitate informal resolutions will receive the training for all employees listed above as well as training on the requirements of the informal resolution process and how to serve impartially.
Employees who serve as the Title IX coordinator or designee must receive all of the training listed above as well as their job specific responsibilities, recordkeeping requirements, and any other training necessary to comply with Title IX.
Adopted: 08/19/2024
Revised:
Reviewed:
| C.F.R. - Code of Federal Regulations | Description |
|---|---|
| 34 C.F.R. 106 | Education - Nondiscrimination Based on Sex |
106.01R2 - Title IX - Discrimination and Harassment Based on Sex Prohibited - Nondiscrimination in Pregnancy and Related Conditions Regulation
EDUCATIONAL PHILOSOPHY
106.01R2 - TITLE IX - DISCRIMINATION AND HARASSMENT BASED ON SEX PROHIBITED - NONDISCRIMINATION IN PREGNANCY AND RELATED CONDITIONS REGULATION
It is a priority of the District that all students have the opportunity to succeed academically. In particular, students who are experiencing pregnancy and related conditions should receive the supports necessary to continue their education through successful completion. For this purpose, the District outlines measures the District will take to ensure opportunity for academic success for pregnant students.
Pregnant students will be treated in the same manner as other students with temporary medical conditions. When a student or their parent informs any employee of the student’s pregnancy or related conditions, the employee will provide the Title IX Coordinator’s contact information to the student or student’s parents, and explain that the Title IX Coordinator can coordinate specific actions to prevent sex discrimination and endure the student’s equal access to the recipient’s education program or activity.
The Title IX Coordinator will coordinate the following actions:
- Inform the pregnant student of the district’s obligations and provide the Title IX Notice of Non-Discrimination.
- Make reasonable modifications to any district policies, practices or procedures as necessary to prevent sex discrimination and help ensure equal access to the district’s education program and activities. Modifications will be tailored to the needs of the student and will not fundamentally alter the education program or activities.
- Allow the student to voluntarily access any separate and comparable portion of the education program or activity.
- Permit the student to take a temporary leave of absence from the education program or activity with no loss of academic status, if deemed medically necessary by the student’s medical provider.
- Permit access to a lactation space other than a bathroom that is clean, shielded from view, free from intrusion or interruption, and able to be used by a student to express breast milk or breastfeed as needed.
Students affected by this regulation should reach out to the Title IX Coordinator with any questions or concerns related to the implementation of this regulation.
Adopted: 08/19/2024
Revised:
Reviewed:
| C.F.R. - Code of Federal Regulations | Description |
|---|---|
| 34 C.F.R. 106 | Education - Nondiscrimination Based on Sex |
106.01R3 - Title IX - Discrimination and Harassment Based on Sex Prohibited - Responding to Complaints of Sex Discrimination Regulation
EDUCATIONAL PHILOSOPHY
106.01-R3 - TITLE IX - DISCRIMINATION AND HARASSMENT BASED ON SEX PROHIBITED - RESPONDING TO COMPALINTS OF SEX DISCRIMINATION REGULATION
The district will respond to reports of sex discrimination promptly and efficiently. All district employees are required to immediately notify the Title IX Coordinator when they have information about conduct that may reasonably constitute sex discrimination. Failure to timely notify the Title IX Coordinator may result in disciplinary action up to and including termination of employment.
The Title IX Coordinator will:
- Treat the complainant and respondent equitably.
- Offer supportive measures for the Complainant as appropriate, and if grievance procedures have been started, offer supportive measures to the Respondent as appropriate.
- Notify the complainant of the grievance process and informal resolution process if appropriate and request by all parties.
- Determine whether to start a complaint of sex discrimination in the absence of a complaint, and in the absence or termination of an informal resolution process.
- Take appropriate and necessary steps to ensure sex discrimination does not continue to occur within the district.
Meeting with the Complainant
Upon receipt of any report of sexual harassment occurring in the District’s educational program or activity, the Title IX Coordinator or designee will schedule a meeting with the Complainant in order to provide the Complainant a general understanding of this policy and related processes. At the initial intake meeting with the Complainant, the Title IX Coordinator or designee will seek to determine how the Complainant wishes to proceed. The Complainant may opt for: (1) informal resolution; (2) formal resolution; or (3) not proceeding. Supportive measures may still be offered whether or not the Complainant chooses any of these options.
Supportive Measures
Supportive measures may vary based on the specific facts of each situation and what the district can reasonably offer. The purpose of supportive measures is to allow equitable access to the education program and activities for the parties involved in a complaint. Supportive measures will not be used as a punishment for any party. They may include but are not limited to counseling, extensions of deadlines or other course-related adjustments, campus escort services, increased monitoring of certain areas of campus, restrictions on contact applied to one or more individuals, leave of absence, changes in class/work/extracurricular activity, and training and education programs related to sex-based harassment. The District will review supportive measures and determine whether to modify or terminate these measures at the conclusion of any grievance or informal resolution process.
Informal Resolution
The District may offer to the complainant and respondent the option to engage in an informal resolution process to resolve complaints of sex discrimination unless the complaint is of sex-based harassment by an employee to a student, or if the informal resolution process would conflict with applicable laws. The informal resolution process can occur at any time prior to a determination of whether sex discrimination occurred. The parties to a complaint must voluntarily consent to the informal resolution. Before the parties may consent to this process, the Title IX Coordinator will provide notice to the parties that explains:
- The allegations;
- The requirements of the informal resolution process;
- That, before agreeing to a resolution, either party may withdraw their consent to the informal process and start or resume a grievance process;
- That the parties’ agreement to a resolution through the informal process would be a final resolution that would stop any grievance process for those allegations;
- Possible terms that could be included in an informal resolution agreement;
- That resolution is binding only on the parties; and
- What information the District will retain and whether/how that information may be disclosed.
If informal resolution is pursued, the Title IX Coordinator will provide the parties with written notice of the allegations and provide adequate time for the Title IX Coordinator to consult with all parties to gather relevant permissible evidence, discuss supportive measures for each party, if appropriate, and discuss an acceptable resolution to the allegations. Once an agreement is reached, the Title IX Coordinator will commit the terms to writing and each party will sign their commitment to the agreement.
Emergency Removal and Administrative Leave
In rare circumstances, the District may remove a student respondent from the education program or activity after the district performs an individualized safety and risk analysis and decides an imminent and serious threat to the health or safety of the complainant or others justifies removal. The District will provide the respondent with notice and the opportunity to challenge the decision immediately after the removal.
Likewise, the District may determine to place employee respondents on administrative leave during the pendency of the grievance process.
Adopted: 08/19/2024
Revised:
Reviewed:
| C.F.R. - Code of Federal Regulations | Description |
|---|---|
| 34 C.F.R. 106 | Education - Nondiscrimination Based on Sex |
106.01R4 - Title IX - Discrimination and Harassment Based on Sex Prohibited - Grievance Procedure Regulation
EDUCATIONAL PHILOSOPHY
106.01R4 - TITLE IX - DISCRIMINATION AND HARASSMENT BASED ON SEX PROHIBITED - GRIEVANCE PROCEDURE REGULATION
The following individuals can make a complaint of sex discrimination, including complaints of sex-based harassment, and request the District to investigate and make a decision about alleged Title IX violations: a complainant, a parent, guardian or other authorized legal representative with the legal right to act on behalf of the complainant, the Title IX Coordinator.
The following individuals can make complaints of sex discrimination but not sex-based harassment: any student or employee, any person other than a student or employee who was participating or attempting to participate in the recipient’s education program or activity at the time of the alleged sex discrimination.
The district’s designated Title IX Coordinator is Nick Stout, Secondary Principal, 319-256-6201, nick.stout@wacocsd.org, 706 N Pearl Street, Wayland, Iowa 52654.
The District will treat complainants and respondents equitably. The District requires that the Title IX Coordinator and any other District official involved in facilitating these grievance procedures not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. The District presumes that the respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of its grievance procedures.
I. Timeframes for Investigation, Decision and Appeal
The District has established the following time frames for the major stages of the grievance procedures. Generally, the District will attempt to complete the investigation and make a determination regarding responsibility within twenty (20) calendar days of receipt of a complaint. However, the District may alter or extend this time with notice to both parties. The time it takes to complete the resolution of a sexual harassment complaint may vary based on the complexity of the investigation and the severity and extent of the alleged conduct, as well as on whether there is a parallel criminal investigation, or if school breaks occur during the process. The Investigator will issue a written decision to all parties.
The complaint is closed after the Investigator has issued the written decision, unless within 10 (ten) working days after receiving the decision, either party appeals the decision to the superintendent by making a written request detailing why they believe the decision should be reconsidered. Within 30 (thirty) working days, the superintendent shall affirm, reverse, amend the decision, or direct the Investigator to gather additional information. The superintendent shall notify the complainant, respondent, and the Investigator of the decision within 5 (five) working days of the decision.
The decision of the superintendent shall be final.
The District has also established the following process that allows for the reasonable extension of time frames on a case-by-case basis for good cause with notice to the parties that includes the reason for the delay. The Investigator will determine whether, based on the complexity of the issues or quantity of the evidence to review, an extension is warranted. If an extension is warranted, the Title IX Coordinator or Investigator will notify all parties to the complaint and provide a reasonable amended time frame by which a decision will be issued.
II. Privacy and Neutrality of the Grievance Process
The District will take reasonable steps, including requiring the parties to protect the privacy of the parties and witnesses during its grievance procedures, however, absolute confidentiality for the parties cannot be guaranteed. These steps will not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The parties cannot engage in retaliation, including against witnesses.
The District will objectively evaluate all evidence that is relevant and not otherwise impermissible, including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness.
The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by the District to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:
- Evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
- A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless The District obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures; and
- Evidence that relates to the complainant’s sexual interests or prior sexual conduct, unless evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about specific incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the complainant and respondent does not by itself demonstrate or imply the complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.
III. Notice of Allegations
Upon initiation of the District’s Title IX grievance procedures, The District will notify the parties of the following:
- The District’s Title IX grievance procedures and any informal resolution process;
- Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute sex discrimination, and the date(s) and location(s) of the alleged incident(s);
- Retaliation is prohibited; and
- The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of this evidence. [If the District provides a description of the evidence: The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party.]
If, in the course of an investigation, the District decides to investigate additional allegations of sex discrimination by the respondent toward the complainant that are not included in the notice provided or that are included in a complaint that is consolidated, the District will notify the parties of the additional allegations.
IV. Investigation
The Title IX Coordinator will designate an Investigator to conduct an investigation into any formal complaint. The Investigator must be appropriately trained and serves as a neutral fact-finder, and shall interview both parties, relevant witnesses, and gather and review evidence relevant to the outcome of the complaint.
The District will provide for adequate, reliable, and impartial investigation of complaints.
The burden is on the District, not on the parties, to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred.
The District will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible.
The District will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.
- The District will provide each party with an equal opportunity to access the evidence that is relevant to the allegations of sex discrimination and not otherwise impermissible, in the following manner:
- The District will provide an equal opportunity to access either the relevant and not otherwise impermissible evidence, or an accurate description of this evidence. If the District provides a description of the evidence: the District will provide the parties with an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party;
- The District will provide a reasonable opportunity to respond to the evidence or the accurate description of the evidence; and
- The District will take reasonable steps to prevent and address the parties’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures. Disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the complaint of sex discrimination are authorized.
The District will provide a process that enables the Investigator to question parties and witnesses to adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex discrimination. The District will provide to the parties prior written notice of the date, time, and location, of any interview of that party. Advisors may attend the interview in an observational capacity only. Advisors will not be permitted to ask questions, intervene, or answer on behalf of any party or witness.
V. Determination of Responsibility
Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, The District will:
- Use the preponderance of the evidence standard of proof to determine whether sex discrimination occurred. The standard of proof requires the decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded under the applicable standard by the evidence that sex discrimination occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that sex discrimination occurred.
- Notify the parties in writing of the determination whether sex discrimination occurred under Title IX including the rationale for such determination, and the procedures and permissible bases for the complainant and respondent to appeal, if applicable;
- Not impose discipline on a respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the grievance procedures that the respondent engaged in prohibited sex discrimination.
- If there is a determination that sex discrimination occurred, the Title IX Coordinator will, as appropriate:
- Coordinate the provision and implementation of remedies to a complainant and other people the District identifies as having had equal access to the District education program or activity limited or denied by sex discrimination;
- Coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions; and
- Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within the District education program or activity.
- Comply with the grievance procedures before the imposition of any disciplinary sanctions against a respondent; and
- Not discipline a party, witness, or others participating in the grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination occurred.
VI. Dismissal and Appeal of a Complaint:
The District may dismiss a complaint of sex discrimination if:
- The District is unable to identify the respondent after taking reasonable steps to do so;
- The respondent is not participating in the District education program or activity and is not employed by the District;
- The complainant voluntarily withdraws any or all of the allegations in the complaint, the Title IX Coordinator declines to initiate a complaint, and the District determines that, without the complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute sex discrimination under Title IX even if proven; or
- The District determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX. Before dismissing the complaint, the District will make reasonable efforts to clarify the allegations with the complainant.
Upon dismissal, the District will promptly notify the complainant of the basis for the dismissal. If the dismissal occurs after the respondent has been notified of the allegations, then the District will also notify the respondent of the dismissal and the basis for the dismissal promptly following notification to the complainant, or simultaneously if notification is in writing.
The District will notify the complainant that a dismissal may be appealed and will provide the complainant with an opportunity to appeal the dismissal of a complaint. If the dismissal occurs after the respondent has been notified of the allegations, then The District will also notify the respondent that the dismissal may be appealed. Dismissals may be appealed on the following bases:
- Procedural irregularity that would change the outcome;
- New evidence that would change the outcome and that was not reasonably available when the dismissal was made; and
- The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.
If the dismissal is appealed, the District will:
- Notify the parties of any appeal, including notice of the allegations, if notice was not previously provided to the respondent;
- Implement appeal procedures equally for the parties;
- Ensure that the decisionmaker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint;
- Ensure that the decisionmaker for the appeal has been trained consistent with the Title IX regulations;
- Provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and
- Notify the parties of the result of the appeal and the rationale for the result.
When a complaint is dismissed, The District will, at a minimum:
- Offer supportive measures to the complainant as appropriate;
- If the respondent has been notified of the allegations, offer supportive measures to the respondent as appropriate; and
- Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sex discrimination does not continue or recur within The District education program or activity.
VII. Appeal of Determinations, if offered
The District offers the following process for appeals from a determination for whether sex discrimination occurred. Within ten (10) working days of receipt of the written determination, any party may appeal the determination and/or any sanction imposed. Appeals will be made in writing to the Superintendent or their designee.
Appeals will be limited to any of the following bases:
- A procedural irregularity that affected the outcome of the matter;
- New evidence that was not reasonably available at the time the written determination was issued that could affect the outcome of the matter; or
- The Title IX Coordinator or Investigator(s), had a conflict of interest or bias that affected the outcome of the matter.
Once an appeal has been received, the Investigator shall promptly forward all materials relative to the complaint and appeal to the superintendent. Within 30 (thirty) working days, the superintendent shall affirm, reverse, amend the decision, or direct the Investigator to gather additional information. The superintendent shall notify the complainant, respondent, and the Investigator of the decision within 5 (five) working days of the decision. Notification shall be by U.S. mail, first class.
The decision of the superintendent shall be final.
VIII. Supportive Measures
The District will offer and coordinate supportive measures as appropriate for the complainant and/or respondent to restore or preserve that person’s access to the District education program or activity or provide support during the District Title IX grievance procedures or during the informal resolution process.
IX. Disciplinary Sanctions and Remedies
Following a determination that a student(s) committed sex-based harassment, the District may impose disciplinary sanctions on the student(s), which may include but not be limited to education and training related to Title IX, removal from the educational environment in accordance with all other applicable laws, change of classroom assignment or class schedule, suspension, expulsion.
Following a determination that an employee(s) committed sex-based harassment, the District may impose disciplinary sanctions on the employee(s), which may include but not be limited to termination of employment.
The District may also provide remedies, which may include counseling, training, changes or modifications to class or work schedules or assignments, provision of additional supervision.
Adopted: 08/19/2024
Revised:
Reviewed:
| C.F.R. - Code of Federal Regulations | Description |
|---|---|
| 34 C.F.R. 106 | Education - Nondiscrimination Based on Sex |
106.01R5 - Title IX - Discrimination and Harassment Based on Sex Prohibited - Informal Resolution Procedure Regulation
EDUCATIONAL PHILOSOPHY
106.01R5 - TITLE IX - DISCRIMINATION AND HARASSMENT BASED ON SEX PROHIBITED - INFORMAL RESOLUTION PROCEDURE REGULATION
This regulation discusses the steps required in handling complaints of sex discrimination when the parties have mutually agreed to pursue informal resolution of complaints of sex discrimination.
Informal resolution is available unless the complaint is of sex-based harassment by an employee to a student, or if the informal resolution process would conflict with applicable laws. Prior to consenting to the informal resolution process, the Title IX Coordinator will provide written notice to the parties as described in 106.01R3 and will obtain written consent from both parties to participate in Informal Resolution. If either party declines to consent to Informal Resolution, the Complainant will be given the option of withdrawing the Title IX complaint and proceeding with supportive measures only (if applicable) or proceeding with the formal grievance procedure described in 106.01R4.
The District will provide a process where the Title IX Coordinator or a trained Informal Resolution facilitator designated by the Title IX Coordinator, will meet with each party to gather information about each party’s perspective on the complaint and proposed resolution to the complaint. If necessary, the Title IX Coordinator or designee will gather additional information from other individuals, where relevant to developing a proposed resolution to the complaint.
The Title IX Coordinator will propose a resolution in writing to both parties after taking into consideration the requests of the parties and appropriate resolution and supportive measures as determined by the Title IX Coordinator or designee. The Title IX Coordinator or designee will work with the parties to finalize the terms of the resolution agreement. Once agreed upon by the parties, both parties will sign the resolution agreement, which will affirm that they have voluntarily agreed to the resolution agreement and that it is the final, binding resolution of the Title IX complaint. If both parties sign the Agreement, the Title IX complaint will be closed and no further action will be taken by the District (other than to ensure compliance with the resolution agreement). In general, the Title IX Coordinator or designee will attempt to complete the Informal Resolution process within ten (10) school days after the parties consent in writing to participate. The signed Informal Resolution Agreement will be provided to both parties, the building administrator or supervisor responsible for overseeing the implementation of the Agreement, and other District employees only on a need-to-know basis. A copy will be maintained by the Title IX Coordinator in compliance with the timelines required by Title IX.
If an acceptable agreement cannot be developed, or if either or both parties decline to sign the resolution agreement, the Title IX Coordinator will notify both parties that Informal Resolution has not been successful. If the Complainant wishes to proceed with the formal grievance procedure described in 106.01R4, the Title IX Coordinator will assign the complaint to an Investigator who was not involved in the Informal Resolution process to conduct the investigation into the complaint. All procedures and timelines in 106.01R4 will apply once the matter is moved to the formal grievance process.
Adopted: 08/19/2024
Revised:
Reviewed:
| C.F.R. - Code of Federal Regulations | Description |
|---|---|
| 34 C.F.R. 106 | Education - Nondiscrimination Based on Sex |