102 - Equal Educational Opportunity

I. PURPOSE

The purpose of this policy is to ensure that equal educational opportunity is provided for all students of the school district.

II. GENERAL STATEMENT OF POLICY

A. The school district’s policy is to provide equal educational opportunity for all students. The school district does not unlawfully discriminate on the basis of race, color, creed, religion, national origin, sex, marital status, parental status, status with regard to public assistance, disability, sexual orientation, gender identity and expression, or age. The school district also makes reasonable accommodations for students with disabilities.

B. The school district prohibits the harassment and discrimination of any individual based on any of the protected classifications listed above. For information about the types of conduct that constitute violation of the school district’s policy on harassment and violence and the school district’s procedures for addressing such complaints, refer to the school district’s policy on harassment and violence (Policy 413).

C. The school district prohibits discrimination of students with a disability, within the intent of Section 504 of the Rehabilitation Act of 1973 (“Section 504”), who need services, accommodations, or programs in order to receive a free appropriate public education. For information as to protections that may apply pursuant to Section 504 and the school district’s corresponding procedures for addressing disability discrimination complaints, refer to the school district’s policy on student disability nondiscrimination (Policy 521).

D. The school district prohibits sexual harassment discrimination of any individual on the basis of sex in its education programs or activities. For information as to the protections that apply pursuant to Title IX and school district’s corresponding procedures and processes for addressing sexual harassment and discrimination, refer to the school district’s policy on Title IX sex nondiscrimination (Policy 522).

E. The school district shall provide equal opportunity for members of each sex and to members of all races and ethnicities to participate in its athletic program. In determining whether equal opportunity to participate in athletic programs is available for the purposes of this law, at least the following factors shall be considered to the extent that they are applicable to a given situation: whether the opportunity for males and females to participate in the athletic program reflects the demonstrated interest in athletics of the males and females in the student body of the educational institution; whether the opportunity for members of all races and ethnicities to participate in the athletic program reflects the demonstrated interest in athletics of members of all races and ethnicities in the student body of the educational institution; whether the variety and selection of sports and levels of competition effectively accommodate the demonstrated interested of members of each sex; whether the variety and selection of sports and levels of competition effectively accommodate the demonstrated interests of all members of all races and ethnicities; the provision of equipment and supplies; scheduling of games and practice times; assignment of coaches; provision of locker rooms; practice and competitive facilities; and the provision of necessary funds for teams of one sex.

F. This policy applies to all areas of education including academics, coursework, co-curricular and extracurricular activities, or other rights or privileges of enrollment.

G. Every teacher, administrator, volunteer, contractor, or other employee of the school district is responsible to comply with this policy.

H. Any student, parent or guardian having a question regarding this policy should discuss it with the Assistant Superintendent.

Legal References:      

• Minn. Stat. § 121A.03, Subd. 2 (Sexual, Religious, and Racial Harassment and Violence Policy)
• Minn. Stat. § 121A.04 (Athletic Programs; Sex Discrimination)
• Minn. Stat. Ch. 363A (Minnesota Human Rights Act)
• 20 U.S.C. § 1681 et seq. (Title IX of the Education Amendments of 1972)
• 42 U.S.C. § 2000d et seq. (Title VI of the Civil Rights Act of 1964)
• 42 U.S.C. § 12101 et seq. (Americans with Disabilities Act)

Cross References:      

• Burnsville-Eagan-Savage School District Policy 105 (Equity, Access and Excellence in Education)
• Burnsville-Eagan-Savage School District Policy 413 (Harassment and Violence)
• Burnsville-Eagan-Savage School District Policy 422 (Policies Incorporated by Reference)
• Burnsville-Eagan-Savage School District Policy 521 (Student Disability Nondiscrimination)
• Burnsville-Eagan-Savage School District Policy 522 (Title IX Sex Nondiscrimination Policy, Grievance Procedure and Process)