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NONDISCRIMINATION/AFFIRMATIVE ACTION
State and federal statutes and regulations prohibit school districts from discriminatory practices in employment or educational opportunity against any person by reason of race, color, national origin, ancestry, age, sex, affectional or sexual orientation, marital status, liability for service in the Armed Forces of the United States, or atypical hereditary cellular or blood trait of any individual. Additionally, state and federal protection is extended on account of disabilities, social or economic status, pregnancy, childbirth, pregnancy-related disabilities, actual or potential parenthood, or family status. The Morris School District Board of Education continues to support its Affirmative Action Resolution and to implement the district's equal educational opportunity policy, school and classroom practices plan, and the contract/ employment practices plan in accordance with law and regulation. the Superintendent shall develop and implement a multi-year equity plan to ensure that the district provides equality in educational programs and to identify and correct, or assess and prevent, all bias, discrimination and impermissible isolation in policies, practices and facilities of the district. Upon approval of this plan by the State Department of Education, the Board shall adopt it by resolution. The Superintendent shall report to the Board annually on progress toward goals established in the plan. A copy of the district's affirmative action/equity plans and self-evaluation of their achievement shall be available in the district office. Affirmative Action Officer(s) The Board shall appoint a member or members of the staff as affirmative action officer(s), who shall serve as affirmative action/504 officer and/or desegregation coordinator(s). The Board shall adopt the job description of the affirmative action officer(s), granting to him/her the responsibility to facilitate, oversee and ensure the development and implementation of school and classroom practices plans, employment and contract practices plan, school desegregation plan and section 504 plans, as well as related inter-program coordination. The affirmative action officer(s) shall ensure that the district upholds all regulations, codes and laws related to equity in the schools. The affirmative action officer(s) shall monitor compliance with this policy. The name, work location and telephone number of the district affirmative action officer(s) shall annually be made known to staff, pupils and members of the community. Harassment The Board of Education shall maintain an instructional and working environment that is free from harassment of any kind. Administrators and supervisors will make it clear to all staff, pupils and vendors that harassment is prohibited. Sexual harassment shall be specifically addressed in the affirmative action in-service programs required by law for all staff. Sexual Harassment Sexual harassment shall include, but not be limited to, unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:
Other Forms of Harassment Staff or pupils may file a formal grievance related to harassment on any of the grounds addressed in this policy. The affirmative action officer shall receive all complaints and carry out a prompt and thorough investigation, and shall protect the rights of both the person making the complaint and the alleged harasser. Findings of discrimination or harassment will result in appropriate disciplinary or legal action. School and Classroom Practices In implementing affirmative action, the district shall:
The district directs the Superintendent to ensure that appropriate administrators implement the district's affirmative action policies by:
In addition to prohibiting educational and employment decisions based on nonapplicable disabling condition, the district shall, as much as feasible, make facilities accessible to disabled pupils, employees and members of the community as intended by Section 504 and as specified in the administrative code. Report on Implementation The Superintendent shall devise regulations, including grievance forms and procedures, to implement the district's affirmative action policies. He/she shall report any violations of this policy to the Board when necessary and shall provide updates on the effectiveness of this policy and the implementing procedures. Date: April 14, 1986 August 27, 2001 First Reading September 10, 2001 Approved Legal References:
29 U.S.C.A. 201 - Equal Pay Act of 1963 as amended 20 U.S.C.A. 1681 - Title IX of the Education Amendments of 1972 42 U.S.C.A. 2000e et seq. - Title VII of the Civil Rights Act of 1964 as amended by the Equal Employment Opportunities Act of 1972 29 U.S.C.A. 794 et seq. - Section 504 of the Rehabilitation Act of 1973 20 U.S.C.A. 1401 et seq. – Individuals with Disabilities Education Act 42 U.S.C.A. 12101 et seq. - Americans with Disabilities Act (ADA) Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986) School Board of Nassau County v. Arline, 480 U.S. 273 (1987) Vinson v. Superior Court of Alameda County, 740 P.2d 404 (Cal. Sup. Ct. 1987) State v. Mortimer, 135 N.J. 517 (1994) Taxman v. Piscataway Bd. of Ed. 91 F. 3d 1547 (3d Cir. 1996) Davis v. Monroe County Bd. Of Ed. 526 U.S. 629 (1999 Manual for the Evaluation of Local School Districts (August 2000) Multi-year Equity Plan for 1996-97 through 1998-99, SDOE Bureau of Equal Educational Opportunity, Doc. #MISM260040699 Cross References:
Other Reasons: The Americans with Disabilities Act (ADA) imposes obligations on boards of education both as employers and providers of education. Many of these obligations duplicate or expand existing obligations under Section 504 and other Federal law. N.J.S.A. 2C:33-4(d) makes it a crime of the fourth degree to commit an act of harassment with ill will, bias, or hatred toward an individual or group of individuals because of race, color, religion, sexual orientation, ethnicity, handicap or gender. N.J.S.A. 10:5-3 forbids discriminatory practices against any person or that person's spouse by reason of race, creed, color, national origin, ancestry, age, sex, affectional or sexual orientation, marital status, familial status, liability for service in the Armed Forces of the United States, or nationality. N.J.S.A. 10:5-4.1 applies all provisions of the statutes against discrimination to the disabled. N.J.S.A. 10:5-12 makes it unlawful to discriminate in employment practices against persons in the above categories and includes individuals with atypical hereditary or cellular blood traits. N.J.S.A. 10:5-27 reads: "With respect only to affectional or sexual orientation, nothing contained herein shall be construed to require the imposition of affirmative action plans or quotas as specific relief from an unlawful employment practice or unlawful discrimination." N.J.A.C. 6:4-1.3(b) requires development of two affirmative action plans: employment and contract practices, and school and classroom practices. N.J.A.C. 6:4-1.3(d) states: "As part of its affirmative action programs or plans, each local school district shall arrange for or provide in-service training for school personnel on a continuing basis to identify and resolve problems arising from prejudice on the basis of race, color, creed, religion, sex, ancestry, national origin or social or economic status." N.J.A.C. 6:4-1.5(c) addresses pregnancy, childbirth, pregnancy-related disabilities, actual or potential parenthood, or family or marital status as protected grounds on which students may not be discriminated against. N.J.A.C. 6:4-1.7 requires approval and continuing implementation of the two plans. Key Words Affirmative Action, Discrimination, Americans With Disabilities Act, Access, Nondiscrimination, Sexual Harassment, Harassment, Equal Educational Opportunity |
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