superintendent or the superintendent’s designee shall make the determina on. When a teacher or school administrator removes a student from a classroom or school-sponsored ac vity or disciplines or punishes a student, a rebu able presump on exists that the teacher or administrator acted reasonably, in good faith, and in accordance with State or local board of educa on policy. The burden of overcoming the presump on shall be upon the student. G. Each local board of educa on shall establish, adopt, publish, and distribute to students in the district and their parents or guardians policy or standards that: 1. Specify the general circumstances under which a student may be removed from a classroom or school-sponsored ac vity, consistent with a teacher’s ul mate authority to determine disrup ve behavior and to remove a student from a classroom or school-sponsored ac vity; and 2. Further define and/or provide examples of “disrup ve behavior” set forth in subsec on (a) of this sec on. H. A district shall not establish or adopt a policy or standards that prohibit the removal of a student from a classroom or school-sponsored ac vity. I. No teacher who purports to have acted pursuant to the teacher’s rights established by this chapter shall be found liable for civil damages arising from that ac on unless that teacher’s conduct shocks the conscience. (14 Del. C. 1953, § 701; 57 Del. Laws, c. 383; 60 Del. Laws, c. 662, § 1; 72 Del. Laws, c. 236, § 1; 73 Del. Laws, c. 75, § 1; 74 Del. Laws, c. 17, §§ 1-3; 75 Del. Laws, c. 158, §1.) F.
APPENDIX VIII NOTICE OF PARENT AND STUDENT RIGHTS UNDER SECTION 504 OF THE REHABILITATION ACT Sec on 504 of the Rehabilita on Act of 1973 (“Sec on 504”) is a nondiscrimina on statute enacted by the United States Congress. The purpose of the Act is to prohibit discrimina on and to assure that students with disabili es have educa onal opportuni es and benefits equal to those provided to non-disabled students. An eligible student under Sec on 504 is a student who (a) has, (b) has a record of having, or (c) is regarded as having, a physical or mental impairment which substan ally limits a major life ac vity such as learning, self-care, walking, seeing, hearing, speaking, breathing, working, performing manual tasks, reading, thinking, concentra ng, sleeping, bowel/bladder func ons, ea ng and other major life ac vi es. DUAL ELIGIBILITY: Some students will be eligible for educa onal services under the Individuals with Disabili es Educa on Act (IDEA) and Sec on 504. Students who are eligible for educa onal services under the IDEA have many specific rights that are not available to students who are eligible for services under Sec on 504. Parent and student rights under the IDEA are documented in the Delaware Procedural Safeguards No ce available from the Delaware Department of Educa on or through the District’s Department of Educa onal Services in the District’s Administra ve Office. The purpose of this no ce is to inform parents and students of their rights under Sec on 504 for disabled students who do not qualify for educa onal services under the IDEA. 105
