APPENDIX VII

ADDRESSING COMPLAINTS OF NON‐COMPLIANCE WITH SECTION 504 OF THE REHABILITATION ACT

STATEMENT OF PURPOSE:

To establish an administrative process to address a complaint that the District has failed to comply with the requirements of Section 504 of the Rehabilitation Act (“the Act”).

REGULATION A. DEFINITIONS

1. “Grievant” as used in this Regulation shall mean a parent of a student with a disability, or a student age 18 years or older with a disability who believes that the District has failed to comply with Section 504 of the Rehabilitation Act.

2. “Superintendent” as used in this Regulation shall mean the Superintendent of the Brandywine School District or his/her designee.

3. “Controversy” as used in this Regulation means an allegation that the District failed to comply with the requirements of the Act, whether intentional or unintentional.

B. PROCEDURE

1. A grievant who believes that the District has failed to comply with the requirements of the Act must file a written complaint with the Director, Special Education and Support Services within seven (7) business days after the grievant knew or should have known of the controversy. The written complaint must include:

• the nature of the controversy

• the name of the administrator responsible for the location where the controversy arose.

• attempts by the grievant to address the controversy prior to filing the complaint.

• a proposed remedy for the controversy. The grievant may use the COMPLAINT OF NON-COMPLIANCE WITH SECTION 504 OF THE REHABILITATION ACT form located at District Offices and on the District’s website.

2. Within two work days, the Director of Special Education shall notify the Superintendent of the complaint.

3. The Superintendent or designee shall schedule a hearing within 15 school days of receipt of the written grievance. Parents shall have the right:

• to be represented by counsel at their own expense;

• to present witnesses and cross examine any witnesses presented by the District; and

• to receive a copy of any written report. The hearing shall be recorded and a transcript of the hearing created. Parents shall have a right to receive a copy of the transcript at their own expense.

4. A written report of findings and recommendations of the Hearing Officer shall be submitted to the Superintendent within five school days of the hearing for review. The Superintendent shall forward a copy of the Hearing Officer’s Report to the grievant and the Director of Special Education.

5. Within ten work days of receipt, the Superintendent shall determine if the District failed to comply with the Act and will provide written notification to the

Director of Special Education of his/her decision. If the Superintendent determines that the District failed to comply with the Act, she/he will determine the appropriate remedy which may include, but is not limited to, the remedy proposed by the grievant.

6. The Director of Special Education and Support Services shall send written notification of the Superintendent’s decision to the grievant by certified mail within two work days of receipt

7. The grievant may file a complaint with a court of competent jurisdiction, or with the Office of Civil Rights at the following address:

Office of Civil Rights

U.S. Department of Health and Human Service

150 S. Independence Mall West Suite 372 Philadelphia PA, 19106-9111

Questions about this regulation should be addressed to the Office of the Superintendent at 1311 Brandywine Boulevard, Wilmington, DE 19809 or (302) 793‐5002.

Appendix Viii

ADDRESSING COMPLAINTS OF NON‐COMPLIANCE WITH TITLE IX OF THE EDUCATION AMENDMENTS ACT

STATEMENT OF PURPOSE:

To establish an administrative process to address a complaint that the District has failed to comply with the requirements of the Title IX of the Education Amendments Act (“the Act”).

REGULATION A. DEFINITIONS

1. “Grievant” as used in this Regulation shall mean a parent of a student, a student age 18 years or older, or an employee of the District who believes that the District has discriminated against a student or group of students because of gender in the education programs or activities of the District in violation of the requirements of the Act.

2. “Superintendent” as used in this Regulation shall mean the Superintendent of the Brandywine School District or his/her designee.

3. “Controversy” as used in this Regulation means an allegation that the District failed to comply with the requirements of the Act, whether intentional or unintentional.

B. PROCEDURE

1. A grievant who believes that the District has failed to comply with the requirements of the Act must file a written complaint with the Director of Human Resources within seven (7) business days after the grievant knew or should have known of the controversy. The written complaint must include: a. the nature of the controversy b. the name of the administrator responsible for the location where the controversy arose. c. attempts by the grievant to address the controversy prior to filing the complaint. d. a proposed remedy for the controversy. The grievant may use the COMPLAINT OF NON-COMPLIANCE WITH TITLE IX OF THE EDUCATION AMENDMENTS ACT form located at District Offices and on the District’s website.

2. Within two work days, the Director of Human Resources shall notify the Superintendent of the complaint.

3. The Director of Human Resources or his/her designee shall investigate the allegations in the written complaint and present a written report of findings and recommendations to the Superintendent within 20 work days of receipt. The grievant shall be notified that the written report has been provided to the Superintendent for review.

4. Within ten work days of receipt, the Superintendent shall determine if the District failed to comply with the Act and will provide written notification to the Director of Educational Services of his/her decision. If the Superintendent determines that the District failed to comply with the Act, she/he will determine the appropriate remedy which may include, but is not limited to, the remedy proposed by the grievant.

5. The Director of Human Resources shall send written notification of the Superintendent’s decision, by certified mail, to the grievant within two work days of receipt

6. If the grievant is not satisfied with the Superintendent’s decision, the grievant may file a written response to the decision with the Superintendent, within five days of receipt of the written decision. The Superintendent shall forward:

• a copy of the written decision;

• the grievant’ s response to the written decision; and

• the investigation report, to the Board for review and discussion in the next appropriate Executive Session of the Board. If the grievant fails to timely file a written response to the Superintendent’s decision, the Superintendent’s decision shall be final.

7. The grievant may request an audience with the Board during the Executive Session in which the Board is discussing his/her appeal.

8. Within five work days of the Board’s decision, the Superintendent, shall send the grievant a written copy the Board’s decision. The Board’s decision shall be final.

Questions about this regulation should be addressed to the Office of the Superintendent at 1311 Brandywine Boulevard, Wilmington, DE 19809 or (302) 793‐5002.