EQUAL EDUCATIONAL OPPORTUNITIES
Equal educational and extracurricular opportunities shall be available for all students without regard to race, color, national origin, age, physical or mental disability, and where applicable, sex, potential marital status, familial status, potential parental status, including pregnancy, ancestry, religious beliefs, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program. Further, the District will not knowingly enter into agreements with any entity or any individual that discriminates against students on the basis of sex or any other protected status, except that the District remains viewpoint neutral when granting access to school facilities under School Board policy 8:20,Community Use of School Facilities. Any student may file a discrimination grievance by using Board policy 2:260, Uniform Grievance Procedure.
Reference Shiloh CUSD #1 Policy: 7:10 Equal Educational Opportunities
Shiloh Community Unit School District No. 1 does not discriminate against employees, students, or applicants on the basis of race, color, national origin, age, disability, gender, political affiliation or beliefs, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, veteran status, reprisal or retaliation for prior civil rights activity, or because all or part of an individual's income is derived from any public assistance program, or any other basis protected by law.
NOTE: Words imparting one gender shall be extended and implied to either gender, i.e. such words, as used in this Handbook, shall henceforth be interpreted to mean either gender, e.g. "his" shall mean "his/her," "he" shall mean "he/she." Further, “parent” or “parents” shall mean “parent/guardian” or “parents/guardians.”
Misconduct by Students with Disabilities
Behavioral interventions shall be used with students with disabilities to promote and strengthen desirable behaviors and reduce identified inappropriate behaviors. The School Board will establish and maintain a committee to develop, implement, and monitor procedures on the use of behavioral interventions for children with disabilities.
Discipline of Special Education Students
The District shall comply with Individuals with Disabilities Education Improvement Act of 2004 and the Illinois State Board of Education’s Special Education rules when disciplining special education students. No special education student shall be expelled if the student’s act of gross disobedience or misconduct is a manifestation of his or her disability.
Reference Shiloh CUSD #1 Policy: 2:240 Board Policy Development, 5:230 Maintaining Student Discipline, 6:110 Programs for Students At Risk of Academic Failure and/or Dropping Out of School and Graduation Incentives Program, 7:70 Attendance and Truancy, 7:130 Student Rights And Responsibilities, 7:140 Search And Seizure, 7:150 Agency and Police Interviews, 7:160 Student Appearance, 7:170 Vandalism, 7:180 Preventing Bullying, Intimidation, and Harassment, 7:190 Student Discipline, 7:200 Suspension Procedures, 7:210 Expulsion Procedures, 7:220 Bus Conduct, 7:230 Misconduct by Students With Disabilities, 7:240 Conduct Code for Participant’s in Extracurricular Activities, 7:270 Administering Medicines to Students, 7:310 Restrictions on Publications and Written or Electronic Material; 8:30 Visitors to and Conduct On School Property
EDUCATION OF CHILDREN WITH DISABILITIES
The School District shall provide a free appropriate public education in the least restrictive environment and necessary related services to all children with disabilities enrolled in the District, as required by the Individuals with Disabilities Education Act (IDEA) and implementing provisions of The School Code, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act.
The term “children with disabilities,” as used in this policy, means children between ages 3 and 21 (inclusive) for whom it is determined, through definitions and procedures described in the Illinois State Board of Education’s Special Education rules, that special education services are needed.
It is the intent of the District to ensure that students who are disabled within the definition of Section 504 of the Rehabilitation Act of 1973 are identified, evaluated and provided with appropriate educational services. Students may be disabled within the meaning of Section 504 of the Rehabilitation Act even though they do not require services pursuant to the IDEA.
For students eligible for services under IDEA, the District shall follow procedures for identification, evaluation, placement, and delivery of services to children with disabilities provided in the Illinois State Board of Education's Special Education rules. For those students who are not eligible for services under IDEA, but, because of a disability as defined by Section 504 of the Rehabilitation Act of 1973, need or are believed to need special instruction or related services, the District shall establish and implement a system of procedural safeguards. The safeguards shall cover students' identification, evaluation, and educational placement. This system shall include notice, an opportunity for the student's parents/guardians to examine relevant records, an impartial hearing with opportunity for participation by the student's parents/guardians, and representation by counsel, and a review procedure.
The District may maintain membership in one or more cooperative associations of school districts which shall assist the School District in fulfilling its obligations to the District's disabled students.
If necessary, students may also be placed in nonpublic school education programs or education facilities.
In its continuing commitment to help school districts and special education cooperatives comply with ISBE requirements for procedure, the special education committee of the Illinois Council of School Attorneys prepared model special education procedures. ISBE has approved these procedures as conforming to 23 Ill.Admin.Code §226.710. This ISBE rule contains the requirements for special education procedures that must be adopted by each school district and cooperative entity. The IASB/ISBE model procedures are approximately 80 pages and are available on the IASB website: http://iasb.com/law/icsaspeced.cfm.
Section 504 of the Rehabilitation Act of 1973
Students with disabilities who do not qualify for an individualized education program, as required by the federal Individuals with Disabilities Education Act and implementing provisions of this Code, may qualify for services under Section 504 of the federal Rehabilitation Act of 1973 if the child (i) has a physical or mental impairment that substantially limits one or more major life activities, (ii) has a record of a physical or mental impairment, or (iii) is regarded as having a physical or mental impairment.
For additional information pertaining to Section 504, please visit ISBE Civil Rights/Section 504.