- Last Updated: 24 January 2018 24 January 2018
|Policies and Regulations||NEPN Code: KED-R
Public Concerns and Complaints about Educational Programs for Students with Disabilities or Students with Substantially Limiting Health Conditions
Resolution of Complaints Relating to the Identification, Evaluation or Educational Placement of Student Section 504 of the Rehabilitation Act of 1973 (Section 504)
The District will provide prior written notice to parents/guardians before initiating or changing or refusing to initiate or change the identification, evaluation or educational placement of a student. Parent/Guardian consent is required for all initial evaluations.
The notice will be:
- Written in language understandable to the general public; and
- Provided in the native language of the parent/guardian or other mode of communication or use, unless it is clearly not feasible to do so.
Parents/Guardians may elect to receive notices required in this document regarding prior written notice, procedural safeguards notice, and notices related to a due process complaint by an electronic mail communication. The district will document the request to receive these notices by electronic mail.
Right To Educational Records
Parents/Guardians have the right to inspect and review any educational records relating to their student which are collected, maintained or used by the District. The District shall provide parents/guardians, upon request, a list of the types of records and the locations of those records collected, maintained and used by the District.
A reasonable fee may be charged by the district for copies of records that are made for parents/guardians, if the fee does not effectively prevent the parents from exercising their right to inspect and review those records.
Review And Impartial Due Process Hearing Procedure
The parent/guardian of a child with a disability who disagrees with any decision regarding the identification, evaluation or educational placement of a student by the 504 Team may request a review by the District’s Section 504 Coordinator or file a Due Process Complaint.
Request for Review: Within 10 working days of a request for review by the Section 504 Coordinator, the Section 504 Coordinator will send to the parent/guardian a written response specifically addressing the issues raised by the parent/guardian.
If the District’s Section 504 Coordinator was part of the Building 504 Team that made the initial decision regarding the identification, evaluation or educational placement of a student, the request for review should be made to the Assistant Superintendent of Administrative Services.
Impartial Due Process Hearing: A parent/guardian may file a Due Process Complaint at the Instructional Planning Center addressed to the District’s 504 Coordinator.
A Due Process Complaint Notice must include:
- The name of the child;
- The address of the residence of the child;
- The name of the school the child is attending;
- A description of the nature of the problem relating to the proposed or refused initiation or change, including facts relating to the problem; and
- A proposed resolution of the problem to the extent known and available to the party at the time.
Within 15 days of receiving a Due Process Complaint, the Section 504 Coordinator will offer to convene a meeting with the parents/guardians and the relevant member or members of the student’s 504 Team who have specific knowledge of the facts identified in the Due Process Complaint and a representative of the District who has decision-making authority on behalf of the District. The purpose of the meeting is for the parents/guardians of the child to discuss their Due Process Complaint and the facts that form the basis of the Complaint, so that the District has the opportunity to resolve the dispute.
If a resolution is reached at the meeting described above, the parents/guardians and the District will execute an agreement that is:
- Signed by both the parent/guardian and a representative of the District who has the authority to bind the District; and
- Enforceable in any state court of competent jurisdiction or in a district court of the United States.
If the issues raised in the Due Process Complaint are not resolved to the satisfaction of the parent/guardian within 30 days of the receipt of the Due Process Complaint, a Due Process Hearing will be scheduled.
Due Process Hearing
An impartial Hearing Officer will be retained to conduct a hearing. The impartial Hearing Officer must possess knowledge of, and the ability to understand, the provisions of Section 504 and legal interpretations by Federal and State courts and must possess the knowledge and ability to conduct hearings in accordance with appropriate and standard legal practice. A person who otherwise qualifies to conduct a hearing under this section will not be an employee the District. If possible, the impartial Hearing Officer shall be from a list of persons who serve as hearing officers maintained by the SD Department of Education.
Any party to a hearing has the right to:
- Be accompanied and advised by counsel - neither party has the right to be represented by a non-attorney at a hearing;
- Present evidence and confront, cross-examine, and compel the attendance of witnesses;
- Introduce evidence that has been disclosed to the other party at least 5 business days before the hearing;
- Obtain a written, or, at the option of the parents/guardians, electronic, verbatim record of the hearing; and
- Obtain written, or, at the option of the parents/guardians, electronic findings of fact and decisions.
A decision made by the impartial Hearing Officer is final. Nothing in this Due Process procedure forecloses individuals from seeking redress for their concerns through other legal avenues, such as the Office for Civil Rights or a civil action.
ARSD 24:05:21 – Special Education Comprehensive Plans
Individuals With Disabilities Education Improvement Act
Section 504 of the Rehabilitation Act