Policies » Section K: School/Community - Home Relations » KED: Grievance Procedure Facilities Or Services (Section 504)

Policy Date: 01/18/2022

HSD File: KED
HOOKSETT SCHOOL DISTRICT
DISABILITY NONDISCRIMINATION POLICY
GRIEVANCE PROCEDURE

Each building’s School Counselor is the 504 Coordinator.

The District shall provide the Notice of Procedural Safeguards to parent/guardians and handicapped persons, as required by 34 C.F.R. Sections 104.7, 104.8, 104.22(4)(1), and 104.36 of the Regulations Implementing Section 504 of The Rehabilitation Act of 1973.

The District does not discriminate on the basis of disability in admission or access to, or treatment of, or employment in, its programs and activities.

The District provides a grievance procedure with appropriate due process rights for any claim that there has been a violation, misinterpretation, or misapplication of the terms of Section 504 by employees, other students and third parties participating in school activities or acting on behalf of the District.

The grievance process is voluntary and may be ended at any point.

The District also provides a Section 504 impartial hearing process for parents/guardians to appeal District actions regarding the identification, evaluation, and placement of students with disabilities who need or are believed to need special education or related services under Section 504.

Grievance Procedure
Parents/guardians of a student with a disability or anyone who feels disability discrimination may have occurred have the right to file a complaint with the Section 504 Coordinator.

The Section 504 Coordinator shall conduct an investigation to include review of records, witness interviews and consideration of any other evidence the complainant provides.

The Section 504 Coordinator shall issue a decision to the parties within ten (10) days of receipt of the complaint, including a determination of whether or not there was discrimination and, if there was discrimination, the steps to be taken to prevent recurrence of the discrimination, and to remedy the effects.

There shall be no retaliatory action taken toward parents or guardians of students who file a grievance relative to the filing, findings or remedy under this Policy.
The complaint may be made to: Office for Civil Rights, U.S. Department of Education 8th Floor, 5 Post Office Square Boston, MA 02109-3921 Telephone: (617) 289-0111 Facsimile: (617) 289-0150 Email: OCR.Boston@ed.gov

Section 504 Impartial Hearing Process

Purpose
An impartial hearing process is available to the parent(s)/guardian(s) of students with disabilities, as
defined by Section 504, to resolve disputes regarding identification, evaluation, and placement under
Section 504 of the Rehabilitation Act when there is a disagreement with a team decision.

Requesting an Impartial Hearing
1. Requests for an impartial hearing shall be made by filing a written request to the Section 504
Coordinator. Assistance will be provided for those not able to file a written request. The
request shall include: the name of the student, the address of the student, the name of the
school the student is attending, a description of the nature of the dispute, a proposed
resolution of the dispute, and any other information believed to be important to
understanding the dispute. Phone and/or email contact information is also helpful.
2. The parent/guardian has the right to examine all relevant records.
3. The Section 504 Coordinator and the Superintendent arrange for an attorney to serve as an
impartial hearing officer who is not a Hooksett School District employee.
4. The parent(s)/guardian(s) will be given written notice of the hearing, including time, date,
and location of the hearing at least five (5) business days before the hearing.
5. Both parties have the right to be accompanied and represented by counsel with each party
being responsible for his/her own attorney fees.
6. Both parties shall be afforded a full and fair opportunity to present evidence relevant to the
issues raised.
7. The hearing officer will issue a decision in writing after considering the whole record. The
decision will be issued within twenty (20) business days of the conclusion of the hearings.
The decision is final and binding unless either party files a timely appeal in an appropriate
court.
8. If the parent is not satisfied with the decision of the hearing officer, the parent can seek
review in a court of competent jurisdiction.

Adopted: June 19, 2001
Revised: January 18, 2022