ADA Compliance

The Metropolitan Nashville Public Schools (MNPS) does not discriminate on the basis of race, religion, creed, gender, gender identity, sexual orientation, national origin, color, age, and/or disability in admission to, access to, or operation of its programs, services, or activities. MNPS does not discriminate in its hiring or employment practices. Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law protecting the rights of individuals with disabilities.

The Americans with Disabilities Act (ADA) became law in 1990. The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the public. ADA has five different titles. The two that apply to schools primarily are ADA, Title I (Employees), and ADA, Title II (facilities, equipment, parent(s) with disabilities, visitors, and volunteers). The purpose of the law is to make sure that people with disabilities have the same rights and opportunities as everyone else. Published on ADA National Network (http://adata.org) or https://adata.org/factsheet/ADA-overview

MNPS embraces every child and is committed to taking immediate action to eliminate any harassment, prevent its recurrence, and address its effects. If a student believes he or she has been subjected to harassment on the basis of disability, the student is encouraged to report the harassment to MNPS 504 Coordinator in accordance with the Section 504 Grievance Policy and Procedure, SBO 1.111

Individuals who engage in harassment on the basis of disability will be disciplined appropriately, up to and including a suspension and expulsion for students and suspension and dismissal for teachers. The district encourages students and parents to work with MNPS staff to prevent harassment on the basis of disability.

Questions, concerns, complaints, requests for accommodations, or requests for additional information please click the appropriate links MNPS ADA Public Notice ADA, Title I, ADA, Title II, or Section 504.

Title I of ADA - General Overview

Overview:

Employees that have physical or mental impairments that substantially limit daily activities are protected under the ADA. The ADA does not specifically name all of the impairments that are covered. However, these activities include working, walking, talking, seeing, hearing or caring for oneself.
Title I of ADA requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges. It also restricts questions that can be asked about an applicant’s disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship.

 

Reasonable Accommodations:

Employees who are out of work due to personal medical issue will be given consideration for an accommodation under Title I of ADA. It is the responsibility of the employee to make known and submit an ADA Request for Reasonable Accommodations. Immediate supervisors will, whenever possible, provide light duty opportunities to the employee so they may continue to work productively.  Please be advised MNPS shall not be required to create additional positions in order to facilitate light duty assignments.
Title I of ADA requires that employees must be able to perform the essential duties of their job. Additionally, the ADA states that accommodations must be reasonable and doable in nature, unless such accommodation would impose an undue hardship on the employer. Reasonable accommodations include such actions as making worksites accessible, modifying, existing equipment, providing new devices, modifying work schedules, restructuring jobs, and providing readers or interpreters.

 

Prohibited Personnel practices:

Title I prohibits the use of employment tests and other selection criteria that screen out, or tend to screen out, individuals with disabilities, unless such tests or criteria are shown to be job-related and consistent with business necessity. It also bans the use of pre-employment medical examinations or inquiries to determine if an applicant has a disability. It does, however, permit the use of a medical examination after a job offer has been made if the results are kept confidential; all persons offered employment in the same job category are required to take them; and the results are not used to discriminate.
MNPS is permitted, at any time, to inquire about the ability of a job applicant or employee to perform job-related functions.

 

Grievance Process:

Employees who believe they have been discriminated against in employment on the basis of disability should promptly contact the Workplace Safety Office to officially file a complaint. Employees do have the right to contact the enforcement agency, U. S. Equal Employment Opportunity Commission (EEOC), to resolve Title I concerns. Contact information for both offices has been provided below:

Workplace Safety Office
Metropolitan Nashville Public Schools

2601 Bransford Avenue
Nashville, TN 37204
Phone: (615) 687-4022
Fax #: (615) 214-8851

EEOC – Nashville Area Office
220 Athens Way
Suite 350
Nashville, TN 37228-9940
Phone #: (800) 669-4000
Fax #: (615) 736-2107

ADA, Title II

ADA, Title II Contact Information
Contact: Henry R. Flenory 2601 Bransford Ave. Nashville, TN. 37204
(O): 615-259-8531
(Fax): 615-214-8890
(TTY): 800-848-0298
Email:

Section 504-Students

Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law protecting the rights of individuals with disabilities.

  • It guarantees students with disabilities the right to and equal educational opportunity.
  • Qualified student who have a physical or mental impairment that substantially limits one or more major life activities are provided a Free Appropriate Public Education (FAPE) and have procedural safeguards under the law.

 
A student with a disability may be considered for eligibility under Section 504 if he /she has a physical or mental impairment, which substantially limits one or more major life activities, has a record of such impairment or is regarded as having impairment.

 
Major life activities (MLA) include caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. The ADAAA08 added: reading, concentrating, thinking, sleeping, eating, lifting, communicating, and the operation of major bodily function such as the immune system, normal cell growth, and digestive, bowel, and bladder functions (non-exhaustive list) 
 
Remember: Learning does not have to be the major life activity substantially limited by the impairment or disability for a child

 

The ADA Amendments Act of 2008 and the conforming amendment to 504:

  • Broadens the umbrella of coverage
  • Expands the list of major life activities (MLAs)
  • Clarifies that eligibly for impairments that are episodic or are in remission is based on a substantial limitation when active
  • Prohibits consideration of mitigating measures (except for eyeglasses) when considering eligibility
  • Clarifies accommodations are not required for persons “regarded as disabled”
  • Clarifies that minor and transitory impairments are not protected disabilities (transitory impairments is one with an expected duration of 6 months or less)

 
A diagnosis of a disability does not automatically qualify a student for eligibility under Section 504.
Before a 504 can be provided, a student will have to be evaluated and determined eligible for a 504 by a 504 team.
The eligibility team should consist of parent(s), administrator, local 504 coordinator and/ or school counselor, general education teacher(s), and the certifying specialists.
 
If you suspect your child has a disability and you (parent, staff member or a referral from and outside resource) may request verbally or in writing that your child’s school start the 504-evaluation process.

  • Contact the 504 Coordinator at your child’s school
  • Be ready to assist in documenting a disability
  • Attend the 504 meetings
  • Be an active partner in the process with the school
  • The 504 Team will review your concerns and proceed with the 504-evaluation eligibility process.

 
Students who are determined eligible under Section 504 may have a 504 Individualized Accommodation Plan (IAP) for use in school. The 504 Team must make individualized determinations for each student as to eligibility, and if eligible and must design reasonable accommodations based upon the specific needs of the student.
 
MNPS Section 504 District Guide Parent/Student Rights


Contact: Shree Walker, Public Chapter 426 & 504 Compliance Coordinator (615) 259-8486

NON-DISCRIMINATION STATEMENT

NON-DISCRIMINATION STATEMENT

The Metropolitan Nashville Public Schools (MNPS) does not discriminate on the basis of race, religion, creed, sex, gender, gender identity, sexual orientation, national origin, color, age, and/or disability in admission to, access to, or operation of its programs, services, or activities, and provides access to the Boy Scouts and other designated youth groups.  MNPS does not discriminate in its hiring or employment practices.


CIVIL RIGHTS COMPLIANCE

MNPS is committed to ensuring that all students and adults are given the opportunity to learn, participate, and work in an environment that is free from discrimination by adhering to the following laws:

 

Title VI of the Civil Rights Act of 1964

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin.

 

Title IX of the Educational Amendments of 1972

Title IX prohibits discrimination on the basis of sex.
If you would like to file a Title VI or Title IX complaint, or have inquiries, please contact:

Title VI & Title IX Coordinator
2601 Bransford Avenue
Nashville, Tennessee 37204
Email:
Phone: 615-259-8634

Section 504 of the Rehabilitation Act of 1973 & Title II of the Americans With Disabilities Act of 1990

Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act of 1990 prohibits discrimination on the basis of disability.
 
If you would like to file a 504 or Title II complaint, or have inquiries, contact:

Shree Walker
504 Coordinator
2601 Bransford Avenue
Nashville, Tennessee 37204
Email:
Phone: 615-259-8486
Henry Flenory
Title II Coordinator
2601 Bransford Avenue
Nashville, TN 37204
Email:
Phone: 615-259-8531

 
To request an accommodation, please contact your building principal or department head.  (Interpreters for the deaf or hard of hearing must be requested forty-eight {48} hours prior to the event.)   Questions or concerns may be referred to the Metropolitan Nashville Public Schools Customer Service Center (615-259-4636).

Metropolitan Nashville Public Schools
2601 Bransford Avenue
Nashville, Tennessee 37204
615-259-INFO (4636)


For further information about students’ rights and services, you may contact the Tennessee Department of Education:

Andrew Johnson Tower
710 James Robertson Parkway
Nashville, TN  37243
615-741-2731
www.state.tn.us/education


For further information on notice of non-discrimination, visit https://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm for the address and phone number of the Office of Civil Rights that serves your area, or call 1-800-421-3481.

 

Title VII of the Civil Rights Act of 1964

Title VII protects individuals against employment discrimination on the basis of race, color, religion, sex, as well as national origin.

If you would like to file a Title VII complaint or have inquiries regarding employment discrimination, please contact:

Scott Lindsey
Director, Employee Relations
2601 Bransford Avenue
Nashville, TN 37204
Email:
Phone: 615-259-8440

CTE Notice of Non-Discrimination

CTE Annual Notice of Non-Discrimination

The Metropolitan Nashville Public Schools (MNPS) does not discriminate on the basis of race, religion, creed, sex, gender, gender identity, sexual orientation, national origin, color, age, and/or disability in admission to, access to, or operation of its programs, services, or activities, and provides access to the Boy Scouts and other designated youth groups. MNPS does not discriminate in its hiring or employment practices.
 
MNPS high schools offer classes in many Career and Technical Education (CTE) clusters and does not discriminate. Lack of English language proficiency will not be a barrier to admission and participation in CTE programs. The following people have been designated to handle inquiries regarding the nondiscrimination policies:

  • Title VI & Title IX Coordinator
    2601 Bransford Avenue, Nashville, Tennessee 37204
    Email:
    Phone: 615-259-8634
  • Shree Walker, 504 Coordinator
    2601 Bransford Avenue, Nashville, Tennessee 37204
    Email:
    Phone: 615-259-8486
  • Henry Flenory, Title II Coordinator
    2601 Bransford Avenue, Nashville, TN 37204
    Email:
    Phone: 615-259-8531