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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 does 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:
a. The name of the student.
b. The address of the residence of the student.
c. The name of the school the student is attending.
d. The decision that is the subject of the hearing.
e. The requested reasons for review.
f. The proposed remedy sought by the grievant.
g. 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.
Revised: July 16, 2019; July 18, 2016; July 23, 2015; July 24, 2014; July 24, 2013; July 26, 2012;
July 11, 2011; July 01, 2010; July 28, 2009
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:
a. 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.
b. 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.
c. The grievant will have an opportunity to examine the child’s educational records prior to the hearing.
d. 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.
e. 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 be 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.
f. 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