0410 - Nondiscrimination in Programs and Activities

The San Bernardino County Superintendent of Schools (SBCSS) is committed to equal opportunity for all individuals in education. All 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, marital status, pregnancy, parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, gender expression or genetic information; the 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 County Superintendent services. Personally, identifiable information collected in the implementation of any district 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 County Superintendent, or designee, authorizes its use for another purpose in accordance with law. Resources and data collected by the County Superintendent shall not be used, directly or by others, to compile a list, registry, or database of individuals based on race, gender, sexual orientation, religion, ethnicity, national origin, or immigration status or any other category identified above.

Annually, the County Superintendent, or his/her designee, shall review the organizations’ programs and activities to ensure the removal of any barrier that may unlawfully prevent an individual or group in any of the protected categories stated above from accessing organization programs and activities, including the use of facilities. He/she shall take prompt, reasonable actions to remove any identified barrier.

All allegations of unlawful discrimination in district programs and activities shall be investigated and resolved in accordance with the procedures specified in 1312.3 - Uniform Complaint Procedures.

The SBCSS 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.

The SBCSS’ programs and facilities, viewed in their entirety, shall be in compliance with the Americans with Disabilities Act and any implementing standards and/or regulations.

The County Superintendent, or his/her designee, shall ensure that the organization provides appropriate auxiliary aids and services when necessary to afford individuals with disabilities equal opportunity to participate in or enjoy the benefits of a service, program or activity. These aids and services may include, but are not limited to, qualified interpreters or readers, assistive listening devices, note takers, written materials, taped text, and Braille or large print materials.

Individuals with disabilities shall notify the County Superintendent, or his/her designee, if they have a disability that requires special assistance or services. Reasonable notification should be given prior to the organization-sponsored function, program or meeting.

The individual identified in Policy 4030 – Non-Discrimination in Employment as the employee responsible for coordinating the County Superintendent's response to complaints and for complying with state federal civil rights laws, is hereby designated as the County Superintendent’s ADA coordinator. He/she shall receive and address requests for accommodation submitted by individuals with disabilities and shall investigate and resolve complaints regarding their access to district programs, services, activities or facilities.

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