HOLLIS BROOKLINE COOPERATIVE school district and the law
The Hollis Brookline Cooperative School District complies with all applicable Federal and State laws. Four federal laws, and two State laws important to mention here are: the Family Education Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232g, the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1401 et seq., Section 504 of the Rehabilitation Act of 1973 (“Section 504”), 29 U.S.C. § 794, the Americans with Disabilities Act (“ADA”), 42 U.SC. § 12132 et seq, the Child Protection Act, RSA 196-C:1, et seq., and the Pupil Safety and Violence Prevention Act, RSA 193-F:1 et seq. Brief information concerning these laws follows. Additional information is available through numerous government sources and through the schools.
FAMILY EDUCATION RIGHTS AND PRIVACY ACT
The Family Educational Rights and Privacy Act (“FERPA”) affords parents and students over 18 years of age certain rights with respect to the student’s education record. These rights include:
The office that administers FERPA is: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202-5920
For additional information on FERPA, see U.S. Department of Education Summary of FERPA, http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html
Additional information can also be found in the District’s Annual Notification of Rights under FERPA, which is available at: which is available on the SAU 41 and all the SAU 41 school building websites
The Family Educational Rights and Privacy Act (FERPA), a Federal law, requires that Hollis Brookline High School, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child's education records. However, Hollis Brookline High School may disclose appropriately designated "directory information" without written consent, unless you have advised the District to the contrary in accordance with District procedures. The primary purpose of directory information is to allow the Hollis Brookline High School to include this type of information from your child's education records in certain school publications.
If you do not want Hollis Brookline High School to disclose directory information from your child's education records without your prior written consent, you must notify the District in writing by September 23, 2016.
Child Find Notice: CHILDREN with DISABILITIES UNDER IDEA OR SECTION 504 and the ADA
It is the policy of the Hollis Brookline Cooperative 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 Brookline Cooperative School District provides special education, related services and accommodations to eligible children with disabilities who reside within the District. The Hollis Brookline Cooperative School District 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/Brookline Cooperative School District 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, or is a qualified person with a disability under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act of 1990, and to provide a free, appropriate public education to your child to the extent he or she is eligible under these laws. 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
School Principal/Assistant Principal
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.
If you wish to file a complaint regarding with the New Hampshire Department of Education, your must do so within one year of the date the alleged violation occurred. Ed 1121.01(b).
Other limitations periods apply to claims and complaints under Section 504, FERPA, the ADA, and other laws.
INDIVIDUALS WITH DISABILITIES EDUCATION ACT
In 1975, Congress enacted the law now known as the Individuals with Disabilities Education Act (“IDEA”). This law was reauthorized in 1977, 1997, 2000 and 2004 and is intended to ensure that a free, appropriate public education is available to all eligible children from ages 3 to 21 with disabilities.
The law establishes a two-prong eligibility standard. Special education and related services are available to eligible children with disabilities who, by reason of their disability, need special education and related services. 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 Brookline Cooperative School District fully complies with this law. For more information or to initiate a referral for your child, contact:
School Principal/Assistant Principal or
Special Education Coordinator
Principal/Assistant Principal or Special Education Coordinator
A copy of the procedural safeguards under the IDEA can be found at the New Hampshire Department of Education website:
SECTION 504 of the REHABILITATION ACT OF 1973
Section 504 of the Rehabilitation Act of 1973 is an anti -discrimination statute. In the educational system, it prohibits districts from discriminating against qualified students with disabilities, on the basis of disability. It is the policy of the Hollis Brookline Cooperative 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. For more information, please see the Child Find Notice: Children with Disabilities under IDEA or Section 504 and the ADA, above.
The Assistant Principals and guidance counselors at each building are designated as the Section 504 Coordinators. They may be contacted at:
School Principal/Assistant Principal
Parents, guardians, or students eighteen years of age or older, who disagree with the decisions reached by school personnel regarding eligibility under Section 504, or accommodations and services necessary for access to educational programming and/or facilities, may either file a grievance in accord with the Section 504/ADA Grievance Procedure by notifying the school principal in writing, requesting a Section 504 impartial hearing, filing suit in federal court (please note that you may be required to exhaust administrative remedies prior to taking this action), or filing a complaint with the United States Department of Education, Boston Office, Office for Civil Rights, 33 Arch Street, Suite 900, Boston, MA 02110-1491.
SECTION 504/ADA, TITLE II GRIEVANCE PROCEDURE
The Hollis Brookline Cooperative 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 the ADA prohibit discrimination on the basis of disability.
Complaints should be addressed to the respective building principal who has been designated to coordinate Section 504/ADA compliance efforts within their respective buildings. Contact information is set forth at the end of these procedures.
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.
School Principal/Assistant Principal
NOTICE OF PROCEDURAL SAFEGUARDS UNDER SECTION 504 AND THE ADA
The Hollis Brookline Cooperative 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:
The following people have been designated to handle inquiries regarding the non-discrimination policies:
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 Brookline Cooperative 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 2004.
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, 4 Lund Lane, PO Box 1588, Hollis, NH 03049, the United States Department of Education, Boston Office, Office for Civil Rights, 33 Arch Street, Suite 900, Boston, MA 02110-1491, the NH Commission for Human Rights, 2 Chenell Dr., Concord, NH 03301-8501 or the Special Education Bureau, NH Department of Education, 101 Pleasant Street, Concord, NH 03301-3860.
Grievance procedures are available which provide for the prompt and equitable resolution of complaints alleging violations of Titles VI and IX, Section 504, and the Individuals with Disabilities Education Act. Grievance procedures may be obtained at a school or SAU office. It is also the policy of the Hollis/Brookline Cooperative 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:1, et. seq.), it is the policy of the Hollis Brookline Cooperative School District that any employee who suspects that a student has been abused or neglected shall file a report to the Division of Children and Youth Services in accord with RSA 169-C:29-30. Under RSA 169-C:31, 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.
PUPIL SAFETY AND VIOLENCE PREVENTION
It is the policy of the Hollis Brookline Cooperative School District that any school employee, or employee of a company under contract with a school or school district, who has witnessed or has reliable information that a pupil has been subjected to insults, taunts, or challenges, whether verbal or physical in nature, which are likely to intimidate or provide a violent or disorderly response that violates the school bullying policy shall report such incident to the principal, or his/her designee, who shall in turn report the incident to the superintendent and the school board. Any school employee, or employee of a company under contract with a school or school district, who has reported violations of RSA 193-F:1, et seq., pertaining to pupil safety and violence prevention, to the principal or his/her designee, shall be immune from any cause of action which may arise from the failure to remedy the reported incident.
The Hollis Brookline Cooperative School District’s pupil safety and violence prevention policy, Policy JICK, is available on the SAU website: SAU41.k12.nh.us under School Boards.
Additional information is available at:
United States Department of Justice, A Guide to Disability Rights Laws, www.ada.gov/cguide
United States Department of Education, Summary of FERPA, www.ed.gov/policy/gen/guid/fpco/ferpa
A copy of the procedural safeguards under the IDEA
found at the New Hampshire Department of Education website,