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District Policies and Legal Notices

In this section

In this section

Title IX
Nondiscriminiation/Harassment Policies
Relavant Board Policies
Uniform Complaint Procedures
 
Title Ix

Title Ix

Title IX of the Education Amendments of 1972 (“Title IX”) is a federal law that prohibits sex-based discrimination in all educational programs and activities, including athletic programs. 
Title IX protects all participants in the Metropolitan Education District's educational programs and activities, including students, parents, employees, and job applicants. The District does not discriminate on the basis of sex. Discrimination on the basis of sex can include sexual harassment and sexual violence.
Students have significant rights in any incident of possible harassment or discrimination. Please refer to our district Title IX information here.
nondiscrimination/harassement policies

nondiscrimination/harassement policies

MetroED does not discriminate on the basis of race, color, national origin, gender, religion, disability, age, or sexual orientation in any of its policies, procedures, or practices, and prohibits all forms of harassment including, but not limited to, harassment on the basis of race, color, national origin, religion, disability or sexual orientation. Students, parents, guardians, or any other individuals having questions or concerns regarding the District’s non-discrimination policy can contact the Director of Human Resources, 723-6435. Students with concerns related to any form of harassment on campus can speak with any staff person or contact an Assistant Principalor designee and/or counselors. (MetroED Board policies are online at gamutonline.net/district/metropolitan/.) BP 0410, BP/AR 5145.3

What is Sexual Harassment?  

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical conduct or communication of sexual nature.  Grounds for disciplinary of legal action include but are not limited to: [1] comments, jokes, gestures, or looks of a sexual or lewd nature; [2] references to gender, or name calling, rumors, or requests for sexual favors; [3] unwelcome touching, grabbing, pinching, whistling; [4] being intentionally brushed up against or blocked from freely moving; having clothing pulled in a sexually suggestive way; [5] being forced to kiss someone or do something sexual other than kissing; [6] sexually offensive pictures, graffiti.

What is Harassment and Intimidation?  

Individuals who pick on, bully, harass, push around, threaten, laugh at or mock, or threaten another individual over any issue are engaged in harassing or intimidating behavior.  Disciplinary consequences include but are not limited to after school detention, community service hours, suspension, removal from the classroom, removal from the school, possible police citation, or conflict mediation, depending on the degree of the problem.
Read our Title IX policies here.
relevant board policies

relevant board policies

Nondiscrimination in District Programs and Activities (BP 0410(a))

District 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; 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.
 (cf. 4030 - Nondiscrimination in Employment)
(cf. 4032 - Reasonable Accommodation)
(cf. 4119.11/4219.11/4319.Il - Sexual Harassment)
(cf. 4161.8/4261.8/4361.8 - Family Care and Medical Leave)
(cf. 5131.2 - Bullying)
(cf 5145.3 - Nondiscrimination/Harassment)
(cf 5145.7 - Sexual Harassment)
(cf 6178 - Career Technical Education)
( cf 6200 - Adult Education)

Complaints Concerning District Employees (BP 1312.1, 1312.1(a))

The Superintendent or designee shall develop regulations which permit the public to submit complaints against MetroED (District) employees in an appropriate way. These regulations shall protect the rights of involved parties. The Board may serve as an appeals body if the complaint is not resolved. The Superintendent or designee shall determine whether a complaint should be considered a complaint against the MetroED (District) and/or an individual employee, and whether it should be resolved by the district's process for complaints concerning personnel and/or other District procedures.
(cf 1312.2 - Complaints Concerning Instructional Materials)
(cf 1312.3 - Uniform Complaint Procedures)
(cf 3515.2 - Disruptions)
(cf 4144/4244/4344 - Complaints)

Uniform Complaint Procedures (BP 1312.3)

The district shall investigate and seek to resolve any complaints alleging failure to comply with such laws and/or alleging unlawful discrimination, harassment, intimidation, or bullying in accordance with the uniform complaint procedures. The district shall use the uniform complaint procedures to resolve any complaint alleging unlawful discrimination, harassment, intimidation, or bullying in district programs and activities based on actual or perceived characteristics of race or ethnicity, color, ancestry, nationality, national origin, ethnic group identification, age, religion, marital or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, gender expression, or genetic information, or any other characteristic identified in Education Code 200 or 220, Penal Code 422.55, or Government Code 11135, or based on association with a person or group with one or more of these actual or perceived characteristics.
(cf 0410 - Nondiscrimination in District Programs and Activities)
(cf 4030 - Nondiscrimination in Employment)
(cf 4031 - Complaints Concerning Discrimination in Employment)
(cf 5131.2 - Bullying)
(cf 5145.3 - Nondiscrimination/Harassment)
(cf 5145.7 - Sexual Harassment)
uniform complaint procedures

uniform complaint procedures

The District has the responsibility for ensuring compliance with state and federal laws and regulations governing educational programs, and follows uniform complaint procedures when addressing complaints alleging unlawful discrimination based on ethnic group identification, religion, age, gender, color, or physical or mental disability in any program or activity that receives or benefits from state financial assistance. Early informal resolution of complaints at the local level is encouraged whenever possible. SVCTE and MetroED have procedures for receiving complaints in accordance with law. ReadUCP Board Policy here andAdministrative Regulations here. TheUCP form is available here or in the school office.

Extracurricular & Non-Academic Activities (BP 6145.1)

In compliance with Section 504 of the Rehabilitation Act of 1973 (“Section 504”) and the Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act of 2008 (“ADA”), the Metropolitan Education District (“MetroED”) provides equal access and services through reasonable accommodation(s) to qualified students with disabilities.  This includes equal access for MetroED-sponsored extracurricular and nonacademic activities.
(cf. 0410 – Nondiscrimination in District Programs and Activities)
(cf. 5145.3 – Nondiscrimination/Harassment)
(cf. 6164.4 – Identification and Evaluation of Individuals for Special Education)
Specific to the Silicon Valley Career Technical Education Center (“SVCTE”), MetroED provides its offered non-academic and extracurricular services and activities in such manner as is necessary to afford qualified students with disabilities an equal opportunity for participation in such services and activities. (34 CFR 104.4, 104.37.)  As such, MetroED will provide reasonable accommodations in order for qualified students with disabilities to participate equally in MetroED-sponsored SVCTE program events that take place outside of the SVCTE classroom or internship site, for example, field trips and academic and career competitions.
(cf. 6145 – Extracurricular and Co-curricular Activities)
(cf. 6145.5 – Student Organizations and Equal Access)
Qualified SVCTE students with disabilities requesting reasonable accommodation(s) for an SVCTE program event should follow the procedures set forth below:
  • Requests for accommodations must be presented in writing, as soon as the student or parent/legal guardian is aware of the need for an accommodation, to the SVCTE Counseling Program Coordinator.  MetroED requests 30 days of notice for any requested accommodation(s).  However, MetroED will consider requests made at any reasonable time prior to the SVCTE program event.
  • Within ten (10) school days of receipt of the written request, the Counseling Program Coordinator will make reasonable efforts to schedule a meeting with the student, student’s parent or legal guardian, SVCTE Principal or designee, and a representative from the student’s home school district who is responsible for monitoring implementation of the student’s Individualized Education Program (“IEP”) or Section 504 plan, as applicable, to discuss the request and determine the accommodation(s), if any, to be provided.
  • Within five (5) school days following the meeting referenced above, the SVCTE Counseling Program Coordinator will notify the student’s parent or legal guardian in writing of the accommodation(s) that will be provided during the SVCTE program event.
  • MetroED is not required to provide an accommodation that fundamentally alters the nature of the program event, or results in undue administrative or financial burden to MetroED. (28 CFR 35.150.)  If MetroED believes that a requested accommodation will fundamentally alter the nature of the SVCTE program event or result in an undue administrative or financial burden to MetroED, MetroED will engage in an interactive process with the student and parent or legal guardian to identify whether an alternative accommodation may be provided.
  • After the reasonable accommodation(s) is determined, the Counseling Program Coordinator will notify, in writing, the SVCTE Principal or designee, the student’s SVCTE teacher, and the SVCTE staff responsible for supervising and/or coordinating the program event, of the accommodation to be provided during the SVCTE program event.
For purposes of this policy, the following definitions apply:
  • “Student with a disability” means a student who has a physical or mental impairment which substantially limits one or more major life activities.
    (28 CFR 35.108; 34 CFR 104.3)
  • “Qualified student with a disability” means a student with a disability, and who otherwise meets the essential eligibility requirements for participation in the SVCTE program event.  (34 CFR 104.3)
  • “Physical impairment” means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, immune, hemic, lymphatic, skin, and endocrine. (28 CFR 35.108; 34 CFR 104.3)
  • “Mental impairment” means any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disability. (28 CFR 35.108; 34 CFR 104.3)
  • “Substantially limits major life activities” means limiting a person’s ability to perform functions, as compared to most people in the general population, such as caring for himself/herself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, writing, communicating, and working. Major life activities also includes major bodily functions such as functions of the immune system, special sense organs and skin, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions, as well as the operation of an individual organ within a body system. The determination of whether an impairment substantially limits a student’s major life activities shall be made without regard to the ameliorative effects of mitigating measures other than ordinary eyeglasses or contact lenses. Mitigating measures are measures that an individual may use to eliminate or reduce the effects of an impairment, including, but not limited to, medications, medical supplies or equipment, prosthetic devices, assistive devices, reasonable modifications or auxiliary aids or services, learned behavioral or adaptive neurological modifications, psychotherapy, behavioral therapy, or physical therapy. (42 USC 12102; 28 CFR 35.108)
 

Did you know: High school CTE graduates earn on average ~$4,000/year more than other high school graduates, in the first years after graduating high school — and $5,000/year more in Santa Clara County!