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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

The Colonial School District shall not discriminate in its employment practices or its educational programs and activities of students on the basis of race, creed, color, religion, national origin, age, sex, sexual orientation, domicile, marital status, disability, genetic information, veteran status, or any legally protected characteristic.

GRIEVANCE PROCEDURE TO ADDRESS SECTION 504 DISCRIMINATION 
Section 504 Compliance Officers’ responsibilities include overseeing all complaints of discrimination, identifying, and addressing any patterns or systemic problems that arise during the review of such complaints. 

The Colonial School 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.  Any employee, parent/guardian of a student enrolled in the Colonial School District, or student eighteen years of age or older may file a grievance if he/she believes they or their child has been subjected to discrimination on the basis of disability by students, employees, or third parties.  All grievances will be received and investigated in a fair and expeditious manner. 

Steps to Resolution 

Step 1:  The best solutions to parent/student concerns often occur at the school level.  Therefore, the District encourages parents/students to attempt to resolve concerns by working with the building principal or other appropriate building staff to reach a joint resolution of the issue.  Contact the building principal to arrange a meeting or to discuss the complaint.  

Step 2:  If the issue is not resolved at the school level, the Colonial School District Grievance Form shall be submitted to the District Section 504 Compliance Officer (Director of Behavioral Health) or Title IX Compliance Officer within 180 calendar days of the alleged violation to request a hearing.  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 thoroughly and diligently investigate the circumstances of the concern, obtain information as to relevant witnesses and evidence, obtain all relevant evidence, hear equally from the grievant’s witnesses, and other witnesses, equally review all evidence from the grievant and accused and interview and obtain statements from all relevant witnesses, and then present a report of his or her finding of fact and conclusions within 30 business days.  The investigation will be adequate and reliable. 

The report of his or her findings shall be sent to the parties upon completion.  The complaint should be sent to: Director of Behavioral Health for Section 504 Complaints 
Section 504 – Coordinator Jon Cooper, Ed. Director – Health and Wellness
Colonial School District 318 East Basin Road New Castle, DE 19720
Tel:  (302) 323-2872
Fax:  (302) 323-2748  

The Colonial School District Grievance Form must be completed with all information listed below and signed by the grievant.

  • the child’s name, date of birth, address and the school he or she attends;
  • complainant’s name, address and phone number;
  • complainant’s relationship to the child (parent, guardian, surrogate);
  • name, address, and phone number of the person representing complainant (if complainant has someone);
  • decision of the school with which complainant disagrees and the reason;
  • date complainant received this decision;
  • and complainant’s signature.

Step 3: The person filing the grievance may appeal the decision of the District Section 504 Compliance Officer to the Superintendent (or designee) within 10 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 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 party aggrieved shall have the right to file a formal complaint after the Superintendent’s decision (or designee’s decision) 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 
 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