Know Your Rights!
Section 504 - Rehabilitation Act
Students with disabilities are protected against discrimination. This is a federal civil rights Act.
Section 504 requires that schools, public or private, receiving federal financial assistance for educational purposes, not discriminate against children with handicaps (disabilities).
Section 504’s specific purpose is to ensure that a child with a disability has equal access to an education. A 504 Plan is put in place that may include accommodations and modifications.
Individuals with Disabilities Education Act
Special needs or special education law has a singular and specific purpose. That purpose is to ensure that children with disabilities receive a Free and Appropriate Public Education (FAPE). This is accomplished through specific procedural requirements and substantive accommodations that the school must provide. The school’s failure to do so requires that parents, or guardians, voice opposition and concern to the school and school district.
The following procedural protections and accommodations apply to the following aspects of a child’s education: IDENTIFY as soon as practical a child with special needs, EVALUATE and put a plan, known as Individualized Education Program, (I.E.P.) in place to assist the child’s learning, ENSURE that the plan is implemented, ENSURE that the plan is reviewed from time to time and changed, if necessary, ENSURE that the school appropriately addresses a child’s behavior.
McKinney-Vento Homeless Assistance Act
This Federal Law ensures the immediate enrollment and educational stability for homeless children and youth. The law provides federal funding to states for the purpose of supporting school programs that serve homeless students. The specific purpose of the law is to protect homeless children defined as “individuals who lack a fixed, regular, and adequate night time residence.
To implement the Act, States must designate a statewide homeless coordinator to review policies and create procedures, including dispute resolution procedures, to ensure that school staff are aware of their rights, to provide pubic notice to homeless families (at shelters and at school) and to facilitate access to school and transportation services.
Bullying
Delaware has a bully prevention law. Each School District and Charter School are required to have a bully prevention policy. Bullying must be reported and investigated. Schools must forbid bullying and retaliation against those that report bullying. Bullying can be a cyber, written, verbal, or physical activity.