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Nondiscrimination

The Barnstable Public Schools does not discriminate on the basis of race, color, religion, national origin, age, gender, gender identity, sexual orientation, or disability in admission to, access to, employment in, or treatment in its programs and activities.

For additional information regarding the District’s nondiscrimination policies and the process for filing a complaint alleging discrimination on the basis of disability and/or sex can be found below.


Notice of Nondiscrimination

The Barnstable Public Schools does not discriminate on the basis of race, color, national origin, language, sex, religion, gender identity, sexual orientation, pregnancy, pregnancy-related condition, disability/handicap or other bases prohibited under state or federal anti-discrimination statutes in admission to, access to, employment in, or treatment in its programs and activities. The Coordinator for Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and M.G.L. Chapter 76, Section 5, is Kathleen Turner who can be reached at 508-862-4953 ext 1734, 230 South Street, PO Box 955, Hyannis, MA 02601. Inquiries regarding the application of the Barnstable Public Schools’ nondiscrimination policy may be referred to Barnstable’s Coordinator or the Assistant Secretary for Civil Rights, U.S. Department of Education, Washington, D.C. 20202 (or the Regional Director, U.S. Department of Education, Office for Civil Rights, Region I, 33 Arch Street, Suite 900, Boston, MA 02110-1491.) 

Pursuant to M.G.L. Chapter 76, Section 5, no person shall be excluded from or discriminated against in admission to a public school of any town, or in obtaining the advantages, privileges and courses of study of such public school on account of race, color, sex, religion, nationa origin, sexual orientation or disability.


Nondiscrimination Policy (School Committee Policy AC)

The Barnstable School Committee has the responsibility to overcome, insofar as possible, any barriers that prevent children from achieving their potential. This commitment to the community is affirmed in the following statements: 

  1. Promote the rights and responsibilities of all individuals as set forth in the State and Federal Constitutions, pertinent legislation, and applicable judicial interpretations. 

  2. Encourage positive experiences in human values for children, youth, and adults, all of whom have differing personal and family characteristics and who come from various socioeconomic, racial, and ethnic groups. 

  3. Work toward a more integrated society and enlist the support of individuals, as well as groups and agencies, both private and governmental, in such an effort. 

  4. Use all appropriate communication and action techniques to air and reduce the grievances of individuals and groups. 

  5. Carefully consider, in all the decisions made within the school system, the potential benefits or adverse consequences that those decisions might have on the human relations effecting all segments of society. 

  6. Initiate a process of reviewing policies and practices of the school system in order to achieve to the greatest extent possible the objectives of this statement.

The Barnstable School Committee's policy of nondiscrimination will extend to students, staff, the general public, and individuals with whom it does business. No person shall be excluded from or discriminated against in admission to a public school or in obtaining the advantages, privileges, and courses of study of such public school on account of their race, color, national origin, language, sex, religion, gender identity, sexual orientation, pregnancy, pregnancy-related condition, disability/handicap or other bases prohibited under state or federal anti-discrimination statutes, in schools. If someone has a complaint or feels that they have been discriminated against because of their race, color, national origin, language, sex, religion, gender identity, sexual orientation, pregnancy, pregnancy-related condition, or disability/handicap, their complaint should be registered with the Title IX/Section 504/Title II Coordinator for the District.  The Title IX/Section 504/Title II Coordinator for the District is:  Kathleen Turner, Executive Director of Social-Emotional Learning and Students Services, Barnstable Public Schools, 230 South Street, P.O. Box 955 who can be reached by e-mail at: turner_kathleen@mybps.us or by phone at: 508-862-4953 ext 1734.  In circumstances involving a complaint of discrimination by an employee of the District, the Title IX/Section 504/Title II Coordinator may work in coordination with the Human Resources Department for the Town of Barnstable. 

The District's Harassment grievance procedures will apply to all complaints. 

If you believe you have been subjected to discrimination, you may file a formal complaint with the following governmental agencies. 

  1. The Massachusetts Commission Against Discrimination
    Boston Office
    1 Ashburton Place, Room 601 
    Boston, MA 02108
    Phone: 617-994-6000 
  2. Office for Civil Rights (U.S. Department of Education) 
    5 Post Office Square, 8th Floor 
    Boston, MA 02109
    Phone: 617-289-0111 
  3. The United States Equal Employment Opportunity Commission
    John F. Kennedy Bldg. 
    475 Government Center 
    Boston, MA 02203 

SOURCE:  Adapted from MASC; Consultation with Discrimination and Harassment Solutions, LLC 

UPDATED:  October 7, 2020 

LEGAL REFS.: Title VI, Civil Rights Act of 1964 

Title VII, Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972 

Executive Order 11246, as Amended by E.O. 11375 

Equal Pay Act, as amended by the Education Amendments of 1972 Title IX, Education Amendments of 1972 

Rehabilitation Act of 1973 

Education For All Handicapped Children Act of 1975 

M.G.L. 71B:l et seq. (Chapter 766 of the Acts of 1972) 

M.G.L. 76:5; Amended 2011 

M.G.L. 76:16 (Chapter 622 of the Acts of 1971) Board of Education 603 CMR 26.00 

CROSS REF.: ACA-ACE, Subcategories for Nondiscrimination GBA, Equal Opportunity Employment 

JB Equal Educational Opportunities


Nondiscrimination on the Basis of Sex (School Committee Policy (ACA)

The Barnstable School Committee, in accordance with Title IX of the Education Amendments of 1972, declares that the school system does not and will not discriminate on the basis of sex in the educational programs and activities in the public schools. This policy will extend not only to students with regard to educational opportunities, but also to employees with regard to employment opportunities. 

The Barnstable School Committee will continue to ensure fair and equitable educational and employment opportunities, without regard to sex, to all of its students and employees. 

The Barnstable School Committee designates Kathleen Turner, Executive Director of Social-Emotional Learning and Student Services, 230 South Street, Hyannis, MA, 02601, (508)862-4953 ext 1734,  turner_kathleen@mybps.us, as the school system's Title IX compliance officer. All students and employees will be notified of the name and office address and telephone number of the compliance officer. 

UPDATED:  October 7, 2020 

LEGAL REFS.:  Title IX of the Education Amendments of 1972 

45 CFR, Part 86, (Federal Register, 6/4/75) 

M.G.L. 76:5;  (Chapter 622 of the Acts of 1971) 

Board of Education Chapter 622 Regulations Pertaining to Access to Equal Educational Opportunity, adopted 6/24/75, amended 10/24/78 

Board of Education 603 CMR 26:00 

CROSS REFS.: AC, Nondiscrimination


Nondiscrimination on the Basis of Disability (School Committee Policy ACE)

Title II of the Americans With Disabilities Act of 1992 requires that no qualified individual with a disability shall, because the District's facilities are inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of the services, programs, and activities of the District or be subject to discrimination.  Nor shall the District exclude or otherwise deny services, programs, or activities to an individual because of the known disability of a person with whom the individual is known to have a relationship or association. 

Definition:  A "qualified individual with a disability" is an individual with a disability who, with or without reasonable modification to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the District. 

Reasonable Modification:  The District shall make reasonable modification in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the District can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity. 

Communications:  The District shall take the appropriate steps to ensure that communications with applicant, participants, and members of the public with disabilities are as effective as communications with others.  To this end, the District shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy benefits of, a service, program, or activity conducted by the District.  In determining what type of auxiliary aid or service is necessary, the District shall give primary consideration to the requests of the individuals with disabilities. 

Auxiliary Aids and Services:  "Auxiliary aids and services" includes (1) qualified interpreters, note takers, transcription services, written materials, assisted listening systems, and other effective methods for making aurally delivered materials available to individuals with hearing impairments;  (2) qualified readers, taped texts, audio recordings, Braille materials, large print materials, or other effective methods for making visually delivered materials available to individuals with visual impairments; (3) acquisition or modification of equipment or devices and (4) other similar services and actions. 

Limits of Required Modification:  The District is not required to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens.  Any decision that, in compliance with its responsibility to provide effective communication for individuals with disabilities, would fundamentally alter the service, program, or activity or unduly burden the District shall be made by the School Committee after considering all resources available for use in funding and operating the program, service, or activity.  A written statement of the reasons for reaching that conclusion shall accompany the decision. 

Notice:  The District shall make available to applicants, participants, beneficiaries, and other interested persons information regarding the provisions of Title II of the American with Disabilities Act (ADA) and its applicability to the services, programs, or activities of the District. The information shall be made available in such a manner as the School Committee and Superintendent find necessary to apprise such persons of the protections against discrimination assured them by the ADA. 

Compliance Coordinator:  The District shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under Title II of ADA, including any investigation of any complaint communicated to it alleging its noncompliance or alleging any actions that would be prohibited under ADA.  The District shall make available to all interested individuals the name, office address, and telephone number of the employee(s) so designated and shall adopt and publish procedures for the prompt and equitable resolution of complaints alleging any action that would be prohibited under the ADA.  The school system receives federal financial assistance and must comply with the above requirements.  Additionally, the School Committee is of the general view that: 

  1. Discrimination against a qualified disabled person solely on the basis of disability is unfair; and 

  2. To the extent possible, qualified disabled persons should be in the mainstream of life in the school community.  Accordingly, employees of the school system will comply with the above requirements of the law and policy statements of this Committee to ensure nondiscrimination on the basis of disability. 

SOURCE:  MASC July 2016 

LEGAL REFS.:  Rehabilitation Act of 1973, Section 504, as amended

Education for All Disabled Children Act of 1975

M.G.L. 71B:1 et seq. (Chapter 766 of the Acts of 1972)

Title II, Americans with Disabilities Act of 1992, as amended

Board of Education Chapter 766 Regulations, adopted 10/74, as amended through 3/28/78 

CROSS REFS.: IGB, Support Services Programs