VIII. Parents and Students Rights Under Sec on 504 of the Rehabilita on Act

superintendent or the superintendent’s designee shall make the determina on. F. 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 defi ne 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.)

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 benefi ts 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 specifi c 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 Offi ce. 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.

The enabling regula ons for Sec on 504, as set out in 34 Code of Federal Regula ons (CFR) Part 104, provide parents and/or students with the following rights: 1. You have a right to be informed by the school district of your rights under Sec on 504. 34 CFR 104.32. 2. Your child has the right to an appropriate educa on designed to meet his/her individual educa onal needs as adequately as the needs of non-disabled students are met. 34 CFR 104.33. 3. Your child has the right to free educa onal services except for those fees that are imposed on non-disabled students or their parents. Insurers and similar third par es are not relieved from an otherwise valid obliga on to provide or pay for services provided to a disabled student. 34 CFR104.33. 4. Your child has a right to placement in the least restric ve environment. 34 CFR 104.34. 5. Your child has a right to facili es, services, and ac vi es that are comparable to those provided for non-disabled students. 34 CFR 104.34 6. Your child has a right to an evalua on prior to an ini al Sec on 504 placement and any subsequent signifi cant change in placement. 34 CFR 104.35. 7. Tes ng and other evalua on procedures must conform to the requirements of 34 CFR 104.35 as to valida on, administra on, areas of evalua on, etc. The District shall consider informa on from variety of sources, including ap tude and achievement tests, teacher recommenda ons, physical condi on, social and cultural background, adap ve behavior, physical or medical reports, student grades, progress reports, parent observa ons, anecdotal reports, and evalua on or assessment test scores. 34CFR104.35. 8. Placement decisions must be made by a group including persons knowledgeable about your child, the meaning of the evalua on data, the placement op ons, and the legal requirements for least restric ve environment and comparable facili es. 34 CFR 104.35. 9. If eligible under Sec on 504, your child has a right to periodic reevalua ons, generally every three years. 34 CFR 104.35. 10. You have the right to no ce prior to any ac on by the District in regard to the iden fi ca on, evalua on or placement of your child. 34 CFR 104.36. 11. You have the right to examine relevant records. 34 CFR 104.36. 12. Ques ons or concerns regarding your child’s iden fi ca on, evalua on, or educa onal placement should be directed to Ms. Nicole Warner, Director of Special Educa on at 1311 Brandywine Boulevard, Wilmington, DE 19809 or (302) 793-5043. 13. If you believe your rights, or the rights of your child, under Sec on 504 have been violated, you may fi le a wri en grievance with Dr. Lisa Lawson, Assistant Superintendent for Student Services, following the grievance procedures a ached to this No ce. A hearing will be scheduled before an impar al hearing offi cer and you will be no fi ed in wri ng of the date, me and place for the hearing. 14. If you disagree with the decision of the impar al hearing offi cer, you have a right to a review of that decision by a court of competent jurisdic on. 34 CFR 104.36. 15. You also have a right to fi le a complaint with the Offi ce of Civil Rights at the following address:

Offi ce of Civil Rights U.S. Department of Health and Human Services 150 S. Independence Mall West Suite 372 Philadelphia PA, 19106-9111