Ill. Admin. Code tit. 23 § 200.40

Current through Register Vol. 48, No. 43, October 25, 2024

Section 200.40 - Administration

a) All policies and practices of educational systems shall comply with Title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq.), Article I, Section 18 of the Illinois Constitution, and Sections 10-22.5, 27-1 and 34-18(l) of The School Code (Ill. Rev. Stat. 1987, ch. 122, pars. 10-22.5, 27-1 and 34-18(l)).

b) Each educational system shall have a written policy on sex equity stating that it does not discriminate on the basis of sex in the provision of programs, activities, services, or benefits and that it guarantees both sexes equal access to educational and extracurricular programs and activities.

c) Each system shall have a written grievance procedure available for use by any individual(s) wishing to present a complaint alleging that the system has discriminated against a student or students on the basis of their sex.

1) Such procedure shall specify the steps to be taken in initiating and processing a grievance, shall identify all parties to be involved at each step of the procedure, shall include specific timelines for completion of each step and rendering of a written decision, and shall provide for final appeal of grievance decisions made at the system level to the system's governing board.

2) Such procedure shall inform complainants of their right to further appeal the decision of the system's governing board to the Superintendent of the appropriate Educational Service Region pursuant to Section 3-10 of The School Code and, thereafter, to the State Superintendent of Education pursuant to Section 2-3.8 of The School Code, as provided in subsection (b) of Section 200.90.

d) Each system shall take reasonable measures to assure that employees, students and parents are informed of the system's sex equity policy and grievance procedure, e.g., through the use of policy manuals and student handbooks.

e) Each educational system shall, within one year of the effective date of this Part and at least every four years thereafter, evaluate its policies and practices in terms of the requirements of this Part to identify sex discrimination and shall develop a written sex equity plan to modify any policy or practice that does not meet the requirements of this Part and to take remedial steps to eliminate the effects of any discrimination resulting from such policy or practice.

1) The sex equity evaluation shall include an examination of course enrollment data to identify any instances of disproportionate enrollment on the basis of sex and, where discrimination may have contributed to such disproportionality, the sex equity plan shall seek to redress any such disproportionality identified.

2) Inservice training implementing the sex equity plan shall be provided by the system to school district administrators and to certificated and noncertificated personnel as needed.

f) Except as provided in Section 200.80(a)(4), an educational system may not on the basis of sex designate or otherwise limit the use of any facility or portion thereof, related services, equipment or supplies. This subsection shall not apply to shower and toilet facilities, locker rooms, and dressing areas. All such accommodations and all related support and maintenance services shall be comparable for both sexes.

g) Except as provided in Section 200.80(a)(4), an educational system may not provide significant assistance to or enter into any agreement with any organization, group, business or individual that discriminates against students on the basis of sex.

h) An educational system shall not institute organizational changes or employment practices which would result in discrimination against students of either sex.

i) A system shall maintain records documenting compliance with this Part, e.g., reports of sex equity evaluations and plans, remediation efforts and inservice activities, data collection and analyses, grievances and their disposition; such records shall be made available to State Board enforcement authorities upon request.

Ill. Admin. Code tit. 23, § 200.40

Amended at 13 Ill. Reg. 11491, effective June 29, 1989