0401 - Nondiscrimination in Superintendent Programs and Activities

This policy shall apply to all acts related to a school activity or school attendance and to all acts of the Superintendent in enacting policies and procedures that govern the San Bernardino County Superintendent of Schools.

The Superintendent is committed to providing equal opportunity for all individuals in Superintendent programs and activities. Superintendent programs, activities, and practices shall be free from unlawful discrimination, including discrimination against an individual or group based on race; color; ancestry; nationality; national origin; immigration status; ethnic group identification; ethnicity; age; religion; pregnancy, childbirth, termination of pregnancy, or lactation, including related medical conditions and recovery; parental, family, or marital status; reproductive health decision making; physical or mental disability; medical condition; sex; sex stereotypes; sex characteristics; sexual orientation; gender; gender identity; gender expression; veteran or military status; or genetic information; a perception of one or more of such characteristics; or association with a person or group with one or more of these actual or perceived characteristics.

All individuals shall be treated equitably in the receipt of Superintendent and school services. Personally identifiable information collected in the implementation of any Superintendent program, including, but not limited to, student and family information for the free and reduced-price lunch program, transportation, or any other educational program, shall be used only for the purposes of the program, except when the Superintendent or designee authorizes its use for another purpose in accordance with law. Resources and data collected by the Superintendent shall not be used, directly or by others, to compile a list, registry, or database of individuals based on any of the categories identified above.

Superintendent programs and activities shall be free of any discriminatory use, selection, or rejection of textbooks, instructional materials, library books, or similar educational resources.

The use of any textbook, instructional material, supplemental instructional material, or other curriculum for classroom instruction, or any book or other resource in a school library shall be consistent with the requirements of Education Code 51204.5 and 60040, unless such study would violate Education Code 51501 or 60044. (Education Code 243)

Additionally, the use of any textbook, instructional material, supplemental instructional material, or other curriculum for classroom instruction, or any book or other resource in a school library shall not be adopted by the Superintendent if the use would subject a student to unlawful discrimination as specified in Education Code 220. (Education Code 244)

Except for allegations of sex discrimination or sex-based harassment, allegations of unlawful discrimination in Superintendent programs and activities shall be investigated and resolved in accordance with Superintendent Policy and Administrative Regulation:

• 1312.3 - Uniform Complaint Procedures, for students, and Administrative Regulation;
• 4030 - Nondiscrimination in Employment, for employees.

Complaints alleging sex discrimination, including sex-based harassment, shall be investigated and resolved in accordance with 34 CFR 106.44 and 106.45 and as specified in:

• Administrative Regulation 5145.71 -Title IX Sex Discrimination and Sex-Based Harassment Complaint Procedures, for students;
• Administrative Regulation 4119.12/4219.12/4319.12 -Title IX Sex Discrimination and Sex-Based Harassment Complaint Procedures, for employees.

Pursuant to 34 CFR 104.8 and 106.8, the Superintendent or designee shall notify students, parents/guardians, employees, employee organizations, applicants for admission and employment, and sources of referral for applicants about the Superintendent's policy on nondiscrimination and related complaint procedures. Such notification shall be included in the annual parental notification distributed pursuant to Education Code 48980 and, as applicable, in announcements, bulletins, catalogs, handbooks, application forms, or other materials distributed by the Superintendent. The notification shall also be posted on the Superintendent's website and social media and in Superintendent schools and offices, including staff lounges, student government meeting rooms, and other prominent locations as appropriate.

In addition, the annual parental notification shall inform parents/guardians of their children's right to a free public education regardless of immigration status or religious beliefs, including information on educational rights issued by the California Attorney General. Alternatively, such information may be provided through any other cost-effective means determined by the Superintendent or designee. (Education Code 234. 7)

The Superintendent's nondiscrimination policy and related informational materials shall be published in a format that parents/guardians can understand. In addition, when 15 percent or more of a school's students speak a single primary language other than English, those materials shall be translated into that other language. (Education Code 48985; 20 USC 6312)

Access for Individuals with Disabilities

Superintendent programs and facilities, viewed in their entirety, shall be in compliance with the Americans with Disabilities Act (ADA) and any implementing standards and/or regulations. When structural changes to existing Superintendent facilities are needed to provide individuals with disabilities access to programs, services, activities, or facilities, the Superintendent or designee shall develop a transition plan that sets forth the steps for completing the changes.

The Superintendent or designee shall ensure that the Superintendent's web and mobile applications comply with technical standards prescribed by law, and as necessary, shall provide appropriate auxiliary aids and services to afford individuals with disabilities equal opportunity to participate in or enjoy the benefits of Superintendent services, programs, or activities. These aids and services may include, but are not limited to, qualified interpreters or readers, assistive listening devices, assistive technologies or other modifications to increase accessibility to Superintendent and school websites, notetakers, written materials, taped text, and Braille or large-print materials. Individuals with disabilities shall notify the Superintendent or designee if they have a disability that requires special assistance or services. Reasonable notification should be given prior to a school-sponsored function, program, or meeting.

The individual identified in Administrative Regulation 1312.3 - Uniform Complaint Procedures as the employee responsible for coordinating the Superintendent's response to complaints and for complying with state federal civil rights laws is hereby designated as the Superintendent's ADA coordinator. The compliance officer shall receive and address requests for accommodation submitted by individuals with disabilities and shall investigate and resolve complaints regarding their access to Superintendent programs, services, activities, or facilities.

SBCSS Director, Risk Management
760 E. Brier Drive
San Bernardino, CA 92408
909-386-9673
sbcsshr@sbcss.net

Approved: April 19, 1994
Revised: August 5, 2014
Revised: August 5, 2014
Revised: November 17, 2015
Revised: January 8, 2019
Revised: August 26, 2024