COUNTY BOARD OF EDUCATION
Procedural Safeguards and Rights
Section 504 Procedural Safeguards
Overview: Any student or parent or guardian ("grievant")
may request an impartial hearing due to the school systemís
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 systemís 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 systemís Section 504
Coordinator, The school systemís Section 504 Coordinator
will assist the grievant in completing the written Request
2. Hearing Request: The Request for the Hearing must
include the following:
of the student.
address of the residence of the student.
name of the school the student is attending.
decision that is the subject of the hearing.
requested reasons for review.
proposed remedy sought by the grievant.
name and contact information of the grievant.
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 grievantís
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
childís 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
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.ß104.34). 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
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
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
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.
of Rights of Students and Parents under Section 504
Mr. Roy Perren