Section 504/Title IX

What is Section 504?

Section 504 is a civil rights statute that provides certain protections to special education and general education students, employees, parents, and community members with disabilities. The Americans with Disabilities Act is an extension of Section 504 into the private sector. Its protections for individuals within the Capitan Municipal Schools are essentially the same as Section 504. Students with disabilities who do not qualify for services under the Individuals with Disabilities Education Act of 1990 (IDEA) may have rights if they are eligible under Section 504. A person who has a physical or mental impairment which substantially limits one or more major life activities, such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, or working, has a disability under 504.

Capitan Municipal Schools affords certain rights to students with disabilities and their parents as set forth in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec.706(8)). Section 504 of the Rehabilitation Act states: “No qualified individual with a disability shall, solely on the basis of his or her disability, be denied participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

Title IX Notice

Capitan Municipal Schools is committed to providing educational programs, activities and services that are free from unlawful discrimination, harassment, intimidation, or bullying based on actual or perceived legally protected characteristics, or association with a person or group with one or more of such characteristics, including sex, sexual orientation, gender, gender identity, and gender expression, as required by Title IX of the Education Amendments of 1972. Districts receiving federal funding are required to adhere to Title IX regulations.

Inquiries on all matters, including complaints, regarding the implementation of Title IX or Section 504 in the district may be referred to the district official(s) listed below at the following addresses and telephones.

Students 504/Title IX

  • Kristi Waters
    IEP Specialist/Title Specialist

Community Concerns/Complaints

  • Superintendent Lee
    PO Box 278
    Capitan, NM 88316
    575-354-8500

Definition of Sexual Harassment

The Department of Education Office for Civil Rights (OCR) has defined sexual harassment as:

Conduct on the basis of sex that satisfies on or more of the following:

  • An employee conditioning the provision of aid, benefit, or service on an individual’s participation in unwelcome sexual conduct;
  • Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education programs or activity; or
  • Sexual assault, dating violence, domestic violence, or stalking as defined by the Violence Against Women Act. (VAWA)