HOLLIS school district and the law

 

 

The Hollis School District complies with all Federal and State laws that apply to schools. Four federal laws important to mention here are: Family Education Rights and Privacy Act (FERPA), Individuals with Disabilities Education Act (IDEA), Section 504 of Rehabilitation Act of 1973 (Section 504) and the Americans with Disabilities Act (ADA).  Brief information concerning these laws follows. Additional information is available through numerous government sources and through the school.

 

 

FAMILY EDUCATION RIGHTS AND PRIVACY ACT (FERPA)

 

The Family Educational Rights and Privacy Act (FERPA) afford parents and students over 18 years of age certain rights with respect to the student’s education record.  They are:

  • The right to inspect and review the student’s education records within 45 days of the day the School District receives a request for access
  • The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate or misleading, and the right to request a formal hearing if the request to amend is denied.
  • The right to consent, or to deny consent, to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent
  • The right to file a complaint with the U.S. Department of Education concerning alleged failures by the School District to comply with requirements of FERPA

 

The office that administers FERPA is:  Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue SW , Washington , DC 2002-5901.  For additional information on FERPA, see the U.S. Department of Education Summary of FERPA: 

 

 

 

Child Find Notice: CHILDREN with DISABILITIES

UNDER IDEA OR SECTION 504 and the ADA

 

It is the policy of the Hollis School District to generate public awareness of the rights of students with disabilities and to ensure that all students with disabilities are referred to the School District .  All referrals will be directed to the School Principal/Assistant Principal and the child’s parent or guardian will be notified of any referral.

 

The Hollis School District provides special education, related services and accommodations to eligible children with disabilities who reside within the District. Hollis desires to identify, locate, and provide notice of its responsibilities to every qualified child with disabilities in its jurisdiction, including children who are homeless, who are wards of the state, and who are being home-schooled.  Hollis also seeks to identify and locate children with disabilities attending private schools located within the District.

 

If you suspect that your child or any child living within the boundaries of these school districts, ages 0 through 21, is or might be a student with disabilities, please contact the Coordinator listed below.

 

The District works with you to evaluate your child, determine if he or she qualifies for special education or related services under the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990, and provide a free, appropriate public education to your child to the extent he or she is eligible under these laws.  Federal Regulations implementing the IDEA are scheduled to be finalized within the next few months.  These regulations may increase your rights under the IDEA.  Upon request, the District will provide you with a detailed notice of your procedural safeguards under the applicable law(s).

 

If you have questions, would like more information, or wish to make a referral, please contact:

 

School Principal/Assistant Principal

Hollis Primary School

36 Silver Lake Road , Hollis , NH 03049

465-2260

 

School Principal/Assistant Principal

Hollis Upper Elementary School

12 Drury Lane

Hollis , NH 03049

465-9182

 

STATUTE OF LIMITATIONS

 

Under New Hampshire law, RSA 186-C:16-b, if you want to bring an action to enforce state or federal special education laws – including those involving identification, evaluation, determination of disability, individualized education programs, placement, or the provision of a free, appropriate education for your child – you must request an impartial due process hearing from the department of education within two years of the date you discovered or reasonably should have discovered the alleged violation.  If you want to bring an action to recover the costs of a unilateral special education placement, you must request an impartial due process hearing within 90 days of the unilateral placement.  If you have not been given proper notice of your special education rights, including the time limitations, these limitations shall run from the time such notice is properly given.  Failure to comply with these timelines could result in the loss of your right to bring these actions. 

 

 

INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA)

 

In 1975, Congress enacted the law now known as the Individuals with Disabilities Education Act (IDEA).  This law was reauthorized in 1977,1997 and 2004 and provides eligible children from ages 3 to 21 who have a disability adversely impacting their educational progress, with a free and appropriate education via a special education program and related services.

 

The law establishes a two-prong eligibility standard.  Special education and related services of IDEA are available to students who have documented disabilities and who need special assistance to benefit from education.  Once a child is found eligible, a team including the child’s parents and representatives of the public education system develops an individualized education program (IEP) or individualized family service plan (IFSP) that includes the services and supports necessary to meet each child’s unique needs.  The Hollis School District fully complies with this law.  For more information or to initiate a referral for your child, contact the building Principal, Assistant Principal or the building Special Education Coordinator at 673-4640 or 673-0122. A description of parents’ rights under the IDEA can be found at the New Hampshire Department of Education website. Listed below, by clicking on the Procedural Safeguards Handbook link or by contacting your local school to receive a hard copy.

 

 

 

 

SECTION 504 of the REHABILITATION ACT OF 1973

 

Section 504 of the Rehabilitation Act of 1973 is a non-discrimination statute barring discrimination on the basis of one’s disability.  As required by Section 504, it is the policy of the Hollis School District not to discriminate on the basis of disability in its educational programs, activities or employment polices.  Section 504 requires the School District to locate, evaluate and determine if a student is a qualified individual requiring accommodations and services necessary to provide access to educational programs.

 

The Assistant Principals and guidance counselors at each building are designated as the Section 504 Coordinators.  They may be contacted at 673-4640 or 673-0122.  Parents are entitled to review their child’s relevant educational records under the Family Educational Rights and Privacy Act (FERPA).  Parents, guardians or students eighteen years of age or older, who disagree with the decisions reached by school personnel regarding eligibility or accommodations and services necessary for access to educational programming and/or facilities, may either request a Due Process Hearing before an impartial hearing officer, file a grievance by notifying the school principal in writing, or file a complaint with one of the agencies noted on page 7.

 

 

 

SECTION 504/TITLE II GRIEVANCE PROCEDURE

 

The Hollis School District has an internal grievance procedure providing for the  prompt and equitable resolution of complaints alleging any action prohibited by Section 504 of the Rehabilitation Act of 1973 (Section 504) or Title II of the Americans with Disabilities Act of 1990 (ADA).

 

Both Section 504 and Title II prohibit discrimination on the basis of disability.

 

Complaints should be addressed to the respective building principal who has been designated to coordinate Section 504/Title II compliance efforts within their respective buildings.

 

  1. A complaint must be filed in writing, contain the name and address of the person filing it, describe the alleged discriminatory action and identify the date the action occurred and the names(s) of the person(s) believed to be responsible, as well as recommendations for the resolution.
  1. A complaint must be filed within a reasonable time period after the complainant becomes aware of the alleged discrimination. The complainant shall informally discuss the complaint, in person, with the building principal or at the principal’s discretion, with the 504 building committee.
  1. Unless the matter can be promptly resolved informally, an investigation will be conducted with respect to all timely filed complaints which raise issues under Section 504/Title II. The investigation shall be conducted by the building principal, or an alternate SAU 41 principal, and the 504 building committee. These rules contemplate informal but thorough and impartial investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.
  1. A written determination as to the conclusion of the investigation and a description of the resolution, if any, shall be issued by the building principal or assignee and a copy forwarded to the complainant no later than forty-five days after the building principal receives the written complaint (unless complainant provides written permission for extension of time for said investigation.)
  1. The Section 504/Title II coordinator shall maintain the files and records of the Hollis School relating to the complaints filed.
  1. The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made in writing within twenty days to the School Principal.
  1. Upon receiving a request for reconsideration of any decision involving identification, evaluation or placement of a student who is believed to need Section 504 accommodations, special education or related services, the school district will schedule an impartial hearing.  The district will select an impartial hearing officer, and the complainant shall have an opportunity to review all relevant records, to participate in the hearing and to be represented by counsel.
  1. Any party may appeal the final decision of the impartial hearing officer to a court of competent jurisdiction.
  1. The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person’s pursuit of other remedies such as the filing of a Section 504 or Title II complaint with U.S. Dept. of Education’s Office for Civil Rights or the NH Department of Education. Utilization of this grievance procedure is not the prerequisite to the pursuit of other remedies.
  1. These rules shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards, and to ensure that Hollis School District complies with Section 504, Title II, and their implementing regulations.

 

School Principal/Assistant Principal

Hollis Primary School

36 Silver Lake Road , Hollis , NH 03049

465-2260

 

School Principal/Assistant Principal

Hollis Upper Elementary School

12 Drury Lane

Hollis , NH 03049

465-9182

 

 

 

NOTICE OF PROCEDURAL SAFEGUARDS UNDER SECTION 504 AND THE ADA

 

The Hollis School District does not discriminate on the basis of disability in their programs and activities.

 

Under Section 504 of the Rehabilitation Act of 1973 (Section 504) and the Americans with Disabilities Act of 1990 (ADA), an individual with a disability is someone who has a physical or mental impairment that substantially limits one or more major life activity, has a record of such an impairment, or is regarded as having such an impairment. The district is obligated to provide a free, appropriate public education to each child eligible under these laws.

 

In accordance with Section 504 and the ADA , you, as the parent or guardian, are entitled to receive the following procedural safeguards in relation to your child:

 

A.                 You have the right to receive a copy of this notice with notification of any district action regarding identification, evaluation or placement of a student pursuant to Section 504. This includes any time that the district intends to screen, evaluate or reevaluate, make changes in classification, placement or any component of the child’s FAPE, or upon refusal to act on any parental request.

 

B.                 If your child needs or is believed to need special education or related services, you have the right to an evaluation of your child (1) before the initial placement, and (2) before any subsequent significant change in placement.

 

C.                 You have the right to an opportunity to examine all relevant records for your child.

 

D.                 You have the right to an impartial hearing, with participation by you and representation by counsel, concerning the identification, evaluation or educational placement of your child.

 

E.         You have the right to appeal the final decision of the impartial hearing officer to a court of competent jurisdiction.

 

The following people have been designated to handle inquires regarding the non-discrimination policies:

 

 

School Principal/Assistant Principal

Hollis Primary School

36 Silver Lake Road , Hollis , NH 03049

465-2260

 

School Principal/Assistant Principal

Hollis Upper Elementary School

12 Drury Lane

Hollis , NH 03049

465-9182

 

 

The Procedural Safeguards Notice will be distributed to parents or guardians as follows:

 

A.  Whenever the district takes any action regarding identification, evaluation or placement of a student pursuant to Section 504.  This includes any time that the district intends to screen, evaluate or reevaluate, make changes in classification, placement or any component of the child’s FAPE, or upon refusal to act on any parental request.

 

B.  Annually, for all students who (1) have refused services and are attending private schools, home schooling programs, or regular education classes; (2) have dropped out of school; or (3) have been identified as 504 eligible.

 

NONDISCRIMINATION AND NOTIFICATION OF GRIEVANCE PROCEDURES

 

It is the policy of the Hollis School Board and School District not to discriminate in education programs, activities, or employment practices on the basis of race, language, sex, age, creed, color, marital status, national origin or disability status, under the provisions of Title VI and Title IX of the 1972 Educational Amendments, Section 504 of the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act, or IDEA, as amended in 2000.

Inquiries concerning implementation of 504, Title VI, Title IX and the Individuals with Disabilities Education Act may be directed to the school Principal, The Superintendent of Schools, United States Department of Education, Office of Civil Rights, Region I, John W. McCormack Post Office And Courthouse, Room 701, Post Office Square, Boston, MA 02109-4557, NH Commission for Human Rights, 2 Chennel Dr., Concord, NH 03301 or the Special Education Bureau, NH Department of Education, 101 Pleasant Street, Concord, NH 03301.

 

Grievance procedures are available which provide for the prompt and equitable resolution of complaints alleging violations to Titles VI and IX, Section 504, and the Individuals with Disabilities Education Act of 1997.  Grievance procedures may be obtained at a school or SAU office.  It is also the policy of the Hollis School Board and School District that all employees and students in the school district should be able to work and study in an environment that is free of sexual discrimination and sexual harassment.

 

 

 

CHILD NEGLECT AND ABUSE

 

Because of their sustained contact with school-age students, school employees are often in a position to identify abused or neglected students and to refer them for treatment and protection. To comply with the Child Protection Act (RSA: 169-C, 1979), it is the policy of the Hollis School District that any employee who suspects that a student’s physical or mental welfare may be adversely affected by abuse or neglect must report to the Division of Children and Youth Services.  Under RSA: 169-C. school personnel, who in good faith make a report of suspected child abuse or neglect, have immunity from any liabilities, civil or criminal.  The good faith of the reporter is presumed.

 

 

 

 

ADDITIONAL RESOURCES

Additional information is available at:

 

United States Department of Justice, A Guide to Disability Rights Laws,

United States Department of Education, Summary of FERPA, 

 

A description of parents’ rights under the IDEA can be found at the New Hampshire Department of Education website, 

Procedural Safeguards Handbook