TOWNS COUNTY
BOARD OF EDUCATION
504 Procedural
Safeguards and Rights
Section 504 Procedural Safeguards
1. Overview: Any
student or parent or guardian ("grievant") may request an
impartial hearing due to the school system’s actions or
inactions regarding your child's identification, evaluation, or
educational placement under Section 504. Requests for an
impartial hearing must be in writing to the school system’s
Section 504 Coordinator; however, a grievant's failure to
request a hearing in writing docs not alleviate the school
system's obligation to provide an impartial hearing if the
grievant orally requests an impartial hearing through the school
system’s Section 504 Coordinator, The school system’s Section
504 Coordinator will assist the grievant in completing the
written Request for Hearing.
2. Hearing Request: The Request for the
Hearing must include the following:
-
The name of
the student.
- The
address of the residence of the student.
- The name
of the school the student is attending.
- The
decision that is the subject of the hearing.
- The
requested reasons for review.
- The
proposed remedy sought by the grievant.
- The name
and contact information of the grievant.
Within 10 business
days from receiving the grievant's Request for Hearing, the
Section 504 Coordinator will acknowledge the Request for Hearing
in writing and schedule a time and place for a hearing. If the
written Request for Hearing does not contain the necessary
information noted above, the Section 504 Coordinator will inform
the grievant of the specific information needed to complete the
request. All timelines and processes will be stayed until the
Request for Hearing contains the necessary information noted
above,
3. Mediation: The school system may offer
mediation to resolve the issues detailed by the grievant in his
or her Request for Hearing, Mediation is voluntary and both the
grievant and school system must agree to participate. The
grievant may terminate the mediation at any time, If the
mediation is terminated without an agreement, the school system
will follow the procedures for conducting an impartial hearing
without an additional Request for Hearing.
4. Hearing Procedures:
- The
Section 504 Coordinator will obtain an impartial review
official who will conduct a hearing within 45 calendar days
from the receipt of the grievant’s Request for Hearing
unless agreed to otherwise by the grievant or a continuance
is granted by the impartial review official. This official
will not be an employee of the District or a school board
member and will have knowledge of Section 504 of the
Rehabilitation Act of 1973.
- Upon a
showing of good cause by the grievant or school system, the
impartial review official, at his or her discretion, may
grant a continuance and set a new hearing date. The request
for a continuance must be in writing and copied to the other
party.
- The
grievant will have an opportunity to examine the child’s
educational records prior to the hearing.
- The
grievant will have the opportunity to be represented by
legal counsel at his or her own expense at the hearing and
participate, speak, examine witnesses, and present
information at the hearing, If the grievant is to be
represented by legal counsel at the hearing, he or she must
inform the Section 504 Coordinator of that fact in writing
at least 10 calendar days prior to the hearing, Failure to
notify the Section 504 Coordinator in writing of
representation by legal counsel shall constitute good cause
for continuance of the hearing.
- The
grievant will have the burden of proving any claims he or
she may assert. When warranted by circumstances or law, the
impartial hearing officer may require the recipient to
defend its position/decision regarding the claims (i.e. A
recipient shall place a disabled student in the regular
educational environment operated by the recipient unless it
is demonstrated by the recipient that the education of the
person in the regular environment with the use of
supplementary aids and services cannot be achieved
satisfactorily. 34 C.F.R.§104.34). One or more
representatives of the school system, who may he an
attorney, will attend the hearing to present the evidence
and witnesses, respond to the grievant testimony and answer
questions posed by the review official.
- The
impartial review official shall not have the power to
subpoena witnesses, and the strict rules of` evidence shall
not apply to hearings. The impartial review official shall
have the authority to issue pre-hearing instructions, which
may include requiring the parties to exchange documents and
names of witnesses to be present.
- The
impartial review official shall determine the weight to be
given any evidence based on its reliability and probative
value.
- The
hearing shall be closed to the public.
- The issues
ofthe hearing will be limited to those raised in the written
or oral request for the hearing.
- Witnesses
will he questioned directly by the party who calls them,
Cross-examination of witnesses will be allowed. The
impartial review official, at his or her discretion, may
allow further examination of witnesses or ask questions of
the witnesses.
- Testimony
shall be recorded by court reporting or audio recording at
the expense of the recipient, All documentation related to
the hearing shall be retained by the recipient.
- Unless
otherwise required by law, the impartial review official
shall uphold the action of school system unless the grievant
can prove that a preponderance of the evidence supports his
or her claim.
- Failure of
the grievant to appear at a scheduled hearing unless prior
notification ofabsence was provided and approved by the
impartial review official or just cause isshown shall
constitute a waiver of the right to a personal appearance
before theimpartial review official.
5. Decision: The
impartial review official shall issue a written determination
within 20 calendar days of the date the hearing concluded. The
determination of the impartial review official shall not include
any monetary damages or the award of any attorney’s fees.
6. Review: If
not satisfied with the decision of the impartial review
official, any party may pursue any right of review, appeal,
cause of action or claim available to them under the law or
existing state or federal rules or regulations.
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