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Link to original content: https://www.colonialschooldistrict.org/parents-students/title-ix/
Section 504, Title VI and Title IX | Colonial School District
Main: 302-323-2700 • Transportation: 302-323-2851

Section 504, Title VI and Title IX

Title IX – Implementation
Policy 100

Colonial School District has updated their Title IX Implementation – Policy 100.  To ensure Colonial is in compliance with the new regulations, a Title IX training was administered to all potential staff that could serve as key members of an investigation.  The policy was approved by the Colonial School District Board.

The District’s Title IX Coordinator is:
Holly Sage, Executive Director
Colonial School District
318 E. Basin Road, New Castle, Delaware 19720
Phone: 302-323-2712
Email: holly.sage@colonial.k12.de.us

 

Section 504

SECTION 504 OF THE REHABILITATION ACT OF 1973 RIGHTS AND RESPONSIBILITIES


Section 504 of the Rehabilitation Act of 1973 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive federal funds from the U.S. Department of Education. It applies to ensure that eligible students are provided with educational benefits and opportunities equal to those provided to non-disabled students. The purpose of this notice is to inform parents and students of the rights granted to them under the law and to keep parent/guardian fully informed concerning decisions about his/her child and to inform him/her of their rights if they disagree with any of these decisions.

Under Section 504, parents/guardians have the right to:

  • Have your child take part in, and receive benefits from, public education programs without discrimination because of his/her handicapping conditions;
  • Have the school district advise you of your rights under federal law;
  • Receive notice with respect to the identification, evaluation, or placement of your child;
  • Have your child receive a free, appropriate public education.  This includes the right to be educated with non-handicapped students to the maximum extent appropriate.  It also includes the right to have the school district make reasonable accommodations to allow your child an equal opportunity to participate in school and school-related activities.
  • Have your child education in facilities and receive services comparable to those provided to non-handicapped students;
  • Have your child receive special education and related services if he/she is found to be eligible under the Individuals with Disabilities Education Act (PL 101-476) or Section 504 of the Rehabilitation Act.
  • Have evaluation, educational, and placement decisions made based upon a variety of information sources and by a person who knows the student, the evaluation data, and placement options;
  • Have transportation provided to and from an alternative placement setting at no greater cost to you than would be incurred if the student were placed in a program operated by the district.
  • Have your child be given an equal opportunity to participate in non-academic and extracurricular activities offered by the district.
  • Examine all relevant records relating to decisions regarding your child’s identification, evaluation, educational program, and placement.  
  • Obtain copies of educational records at a reasonable cost unless the fee would effectively deny you access to the records.
  • A response from the school district to reasonable requests for explanations and interpretations of your child’s records.
  • Request amendment of your child’s educational records if there is reasonable cause to believe that they are inaccurate, misleading, or otherwise in violation of the privacy rights of your child.  If the school district refuses this request for amendment, the district shall notify you within a reasonable time and advise you of the right to a hearing.
  • Request mediation or an impartial due process hearing related to decisions or actions regarding your child’s identification, evaluation, educational program, or placement. You and the student may take part in the hearing and have an attorney represent you. Hearing requests must be made to:
    • Dr. Jon Cooper, Director of Health and Wellness
      318 E. Basin Road, New Castle, DE 19720

Disabled parents/guardians will be afforded reasonable accommodation if required to allow participation in their child’s education.

Grievance Procedures & Procedural Safeguards

Colonial School District Section 504 Grievance Form: click here for the form

Title VI Procedure

Title VI of the Civil Rights Act of 1964 prohibits discrimination and harassment of students and employees on the basis of race, color, and national origin. Examples may include, but are not limited to, racial harassment, school segregation, and denial of language services to English learners.

The District shall not discriminate in its employment practices or its educational programs and activities of students on the basis of race, color, and national origin. The District strives to provide an environment free from discrimination. The District encourages students, parents, and staff to identify barriers to a discrimination-free and appropriate learning environment in all schools. It is the policy of the District that unlawful discrimination is unacceptable conduct that will not be tolerated.

COMPLAINT PROCEDURE TO ADDRESS TITLE VI DISCRIMINATION

The Title VI Compliance Officer’s responsibilities include overseeing all complaints of discrimination, identifying, and addressing any patterns or systemic problems that arise during the review of such complaints.

The complainant shall submit the Colonial School District Title VI Complaint Form to the District Title VI Compliance Officer. The Colonial School District Title VI Complaint Form must be completed with all information requested and signed by the complainant.

Title VI Compliance Officer
Holly Sage – Executive Director
318 E. Basin Road, New Castle, DE 19720
holly.sage@colonial.k12.de.us

The Compliance Officer will be independent and impartial. If he or she has prior knowledge of the situation, an independent and impartial designee shall be appointed. He or she will promptly, thoroughly and diligently investigate the allegations and ensure equitable resolution. The Compliance Officer will obtain information as to relevant witnesses and evidence, obtain relevant evidence, hear equally from the complainant’s witnesses, and other witnesses, equally review all evidence from the complainant and respondent and interview and obtain statements from all relevant witnesses. After the completion of the investigation, the Compliance Officer will prepare a report of his or her finding of fact and conclusions within 30 business days. The report of his or her findings shall be sent to the parties upon completion.

Either party may appeal the decision of the District Title VI Compliance Officer to the Superintendent (or designee) within 10 business days of receiving the Compliance Officer’s decision. The Superintendent (or designee) shall review all statements and evidence as well as the Compliance Officer’s report (or designee’s report), gather such additional evidence as deemed necessary, and then issue a written decision in response to the appeal no later than 30 business days after its filing. In the event there is a finding of discrimination, the District shall take remedial efforts and efforts to prevent recurrence and shall make all reasonable efforts to correct the discriminatory effects of a prohibited action.

Any employee who is found to have engaged in conduct in violation of this policy may be subject to appropriate disciplinary action, up to and including termination of employment.

Retaliation against any person because he or she opposed an unlawful educational practice or policy, or made charges, testified or participated in any complaint action under Title VI is prohibited and will in itself be cause for appropriate disciplinary action.  If an individual feels he/she has been subject to retaliation, he/she should file a complaint using the procedures set forth above.

Any party aggrieved shall have the right to file a formal complaint with the U.S. Department of Education, Office for Civil Rights.

Office for Civil Rights, Philadelphia
U.S. Department of Education
The Wanamaker Building
100 Penn Square East, Suite 515
Philadelphia, PA 19107
Tel: (215)656-8541
Fax: (215)656-8605
Email: OCR.Philadelphia@ed.gov

OCR Electronic Complaint Form: https://www2.ed.gov/about/offices/list/ocr/complaintintro.html