The Board of Education, its officers and employees, will not discriminate in its programs and activities on the basis of legally protected classes, such as, but not limited to: race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), color, national origin, creed, religion (including religious practices), marital status, sex (including pregnancy, childbirth, or related medical condition), gender identity and expression (i.e., actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristic regardless of the sex assigned to that person at birth, including but not limited to the status of being transgender), age, sexual orientation, disability (physical or mental), predisposing genetic characteristic, military work or status, domestic violence victim status, citizenship/immigration status, or use of a guide dog, hearing dog, or service dog, as applicable.  The district will provide notice of this policy in accordance with federal and state law and regulation.

            This policy of nondiscrimination includes access by students to educational programs, counseling services for students, course offerings, and student activities, as well as recruitment and appointment of employees and employment pay, benefits, advancement and/or terminations.

            Employees also have protections under state law against discrimination on the basis of their familial status, reproductive healthcare decisions (their own or their dependents) and certain prior criminal history.

            Specific protections for students under the Dignity for All Students Act are addressed in policy 0115, Student Bullying and Harassment Prevention and Intervention.

As a condition of participation in federal meal programs, the district will post the following statement: “In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.”  Discrimination complaint information is available at https://www.fns.usda.gov/civil-rights/usda-nondiscrimination-statement-other-fns-programs.

A finding that an individual has engaged in conduct in violation of this policy may result in disciplinary action and/or filing of a report with third parties in the manner prescribed by the district code of conduct, the law or applicable contract.

            Nothing in this policy will be construed to prohibit a denial of admission into, or exclusion from, a course of instruction or activity based on a person’s gender that would be permissible under the law, or to prohibit, as discrimination based on disability, actions that would be permissible under the law.

Website Accessibility

The U.S. Department of Justice issued amended regulations for website accessibility of public entities under the Americans with Disabilities Act, 28 CFR Part 35.  Website content and mobile apps of local governments, including school districts, must adhere to the Web Content Accessibility Guidelines (WCAG) version 2.1, Level AA.  WCAG 2.1 can be found here: https://www.w3.org/TR/WCAG21/.

To promote the accessibility of the district’s website and social media to persons with disabilities, and as required by federal regulations implementing the Americans With Disabilities Act, the district’s website content and mobile apps will conform to the WCAG 2.1 Level AA standard for accessibility on or after April 24, 2026 .  If a technical or legal limitation prevents accessibility, conforming alternate versions of web content may be used.  Exceptions to this requirement are outlined in federal regulations 28 CFR Part 35, and includes certain archived web content, certain preexisting electronic documents, certain third-party content, individualized secured electronic documents, and preexisting social media posts).  The district’s Director of Technology is responsible for addressing the accessibility of the district’s website content and mobile apps.

Annual Notification

            At the beginning of each school year, the district will publish a notice of the established grievance procedures for resolving complaints of discrimination to parents/guardians, employees, students and the community.  The public notice will:

1. inform parents, employees, students and the community that education programs, including but not limited to vocational programs, are offered without regard to actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex; sexual orientation, or gender (including gender identity and expression);
2. provide the name, address and telephone number of the person designated to coordinate activities concerning discrimination; and
3. be included in announcements, bulletins, catalogues, and applications made available by the district.

Complaints of sex discrimination and sex-based harassment are addressed by the district’s Title IX grievance procedure, and will also be addressed by other district policies if the conduct is not a violation of Title IX.  Complaints of discrimination and harassment made by employees and applicants are also addressed by the process outlined in policy 0110.2, Sexual Harassment in the Workplace.  Complaints of discrimination and harassment by students are also addressed by the process outlined in policy 0115, Student Bullying and Harassment Prevention and Intervention.

            All complainants and those who participate in the investigation of a complaint in conformity with state law and district policies, who have acted reasonably and in good faith, have the right to be free from retaliation of any kind.

The Board authorizes the Superintendent of Schools to establish such rules, regulations and procedures necessary to implement and maintain this policy.

Ref:     Age Discrimination in Employment Act of 1967 29 U.S.C. §§621 et seq.

Americans with Disabilities Act, 42 U.S.C. §§12101 et seq.

Title VI, Civil Rights Act of 1964, 42 U.S.C. §§2000d et seq. (nondiscrimination based on race, color, and national origin in federally assisted programs)

Title VII, Civil Rights Act of 1964, 42 U.S.C. §§2000e et seq. (nondiscrimination based on race, color, and national origin in employment)

Title IX, Education Amendments of 1972, 20 U.S.C. §§1681 et seq. (nondiscrimination based on sex)

            §504, Rehabilitation Act of 1973, 29 U.S.C. §794

            Individuals with Disabilities Education Law, 20 U.S.C. §§1400 et seq.

            Genetic Information Nondiscrimination Act of 2008 P.L. 110-233

28 CFR Part 35

            34 CFR §§ 100.6; 104.8; 106.9; 110.25

            Executive Law §§290 et seq. (New York State Human Rights Law)

            Education Law §§10-18 (The Dignity for All Students Act)

Education Law §§313(3); 3201; 3201-a

Creating a Safe, Supportive, and Affirming School Environment for Transgender and Gender Expansive Students: 2023 Legal Update and Best Practices, https://www.nysed.gov/sites/default/files/programs/student-support-services/creating-a-safe-supportive-and-affirming-school-environment-for-transgender-and-gender-expansive-students.pdf