Section 504 Due Process Hearing Procedures

A parent or guardian who wishes to challenge the School's action or omission with regard tothe identification, evaluation, or placement of student with a disability must submit awritten request for a Due Process Hearing to the School's Section 504 Coordinator withinninety (90) days of the dispute giving rise to the hearing request. The term “days” in regardsto these procedures shall mean any day that the child's school is open during the regularschool year. The written request should include:• A statement that the parent or guardian is requesting a Due Process Hearing before animpartial Hearing officer• The name of the student, the address of the student, and the name of the school thestudent is attending• A description of the decision(s) in dispute, including facts relating to the decision• The remedy the parent or guardian is seeking

Within ten (10) days of the date of receipt of the request, the School will appoint an impartialHearing Officer to preside over the hearing and issue a decision. The Hearing Officer will behired by the School as an independent contractor at no expense to the parent or guardian.The Hearing Officer need not be an attorney, but shall be familiar with the requirements ofSection 504 and the School's Hearing Procedures under Section 504.

Within ten (10) days, the appointed Hearing Officer shall issue notice to the parent orguardian and the School's Section 504 Coordinator setting a date, time, and location for ahearing to be held within fifteen (15) days of the notice.The parent or guardian shall notify the Hearing Officer at least seven (7) days prior to the sethearing date of their desire to be represented by an attorney and whether they wish thehearing be open to the public.

The hearing shall be conducted in an informal, non-adversarial manner. The Rules of Evidenceand Procedures will not apply. Each party will have an opportunity to present evidencerelevant to the dispute. As part of their presentations, the parties may submit any reports,evaluations, correspondence, notes, or any other documents that may support their positionsand that the Hearing Officer will admit at their discretion.

The due process hearing will be audio recorded. The parent or guardian may obtain a copy ofthe audio recording at their request.

At the conclusion of all presentations, the Hearing Officer may make an oral ruling at theconclusion of the hearing or take the case under advisement. In either case, the HearingOfficer must make a decision within fifteen (15) days in writing, addressing and ruling on allissues raised by the parent or guardian and indicating what corrective action, if any, theSchool must take.

If not satisfied by the decision of the Hearing Officer, a parent or guardian may seek a review ofthe hearing decision in a court of competent jurisdiction, generally the closest federal districtcourt.

At any time, a parent or guardian may file a complaint with the Office for Civil Rights (OCR)if they believe that the School has violated any provision or regulation of Section 504. Thefiling of a complaint does not affect the hearing process or the timelines set forth above.OCR addresses Section 504 complaints separately and independently of the local hearingprocess, in accordance with the guidelines set forth in OCR's Complaint Resolution manual.