Policy 671P1: Section 504: Hearing Procedure

An impartial due process hearing procedure is available to students and their parent/guardian if they disagree with a decision regarding the identification, evaluation, or educational placement of the student who is identified as having a disability pursuant to Section 504 of the Rehabilitation Act of 1973 (Section 504).  The student shall remain in his or her current educational placement until the matter has been resolved through the process set forth herein.  Students and their parent/guardian are encouraged to use the district’s civil rights grievance procedure (see Policy No. 296P1, Civil Rights Grievance Procedure) whenever there is an allegation that the district or any of its employees has engaged in discrimination or harassment of a student based on the student’s disability.

HEARING PROCEDURES

Within twenty (20) calendar days of the parent/guardian’s receipt of notice of the 504 team’s decision, a Section 504 impartial hearing may be requested by the parent/guardian of the affected student on matters related to the school district’s decisions or actions regarding the following:

  1. The identification of the student as disabled or eligibility of the student for services under Section 504;
  2. The evaluation procedures utilized with the student, including a decision not to evaluate a student; and/or
  3. The educational placement and/or related aids and services recommended for or provided to the student, including any change in placement because of disciplinary action.

In the event a hearing has been held, or is pending, pursuant to the provisions of the Individuals with Disabilities Education Act (IDEA) on any of the issues currently being alleged by the parent/guardian, no hearing officer will be appointed and no hearing will be held on like issues pursuant to this policy. An IDEA hearing that is resolved by a decision or dismissed with prejudice shall resolve any like issues for which a Section 504 hearing has been requested.

All requests for a Section 504 hearing under this policy must:

  1. Be submitted in writing and addressed to the district.
  2. Describe the specific nature of the dispute.
  3. State the proposed specific relief or remedy requested.
  4. Provide any other information the parent/guardian believes is important to understanding the dispute.

If the request does not include all required information, it may be returned to the grievant within ten (10) school days of receipt by the Section 504 Compliance Officer with a request to provide the missing information within five (5) school days from the date of receipt.  The remainingprocedures will be suspended, and the timelines will not run until the additional information is received.

TheDistrict 504 Coordinator will select an impartial hearing officer and notify the parent/guardian and all other interested parties of the selection of the impartial hearing officer within fifteen (15) calendar days of receipt of the request for a Section 504 hearing.  The selected hearing officer will:

  1. Be qualified to review school district decisions relating to Section 504.
  2. Be impartial and unbiased.
  3. Not be an employee of the school district.

The hearing procedure will be presided over and decided by the appointed impartial hearing officer, but shall be limited as follows:

  1. The hearing is limited to facts within two (2) years of the date the parent/guardian knew or should have known about the alleged actions or facts that form the basis of their claims.
  2. The hearing officer’s procedures will conform to the standard of “fundamental fairness.”  The Administrative Procedures Act (APA) and IDEA procedures shall not apply to the hearings.
  3. The issues of the hearing will be limited to those specifically raised in the written request for hearing.
  4. The party requesting the due process hearing shall carry the burden of proving the claims asserted.

All written correspondence will be provided in English and/or in the parent/guardian’s primary language.  In cases where there are language differences, an interpreter will be provided for the hearing by the school district.

The hearing will be conducted within forty-five (45) calendar days from the date of the hearing assignment unless a continuance has been granted by the hearing officer.  Either party may request a continuance, which continuance may be granted by the hearing officer upon a showing of good cause.  Any continuance(s) granted by the hearing officer will extend the time for rendering a final hearing decision for a period equal to the length of the continuance(s).

At any time prior to the hearing, the parties may mutually agree to submit the matter to mediation.  A mediator may be selected from the State Department of Education’s list of trained mediators. 

The appointed hearing officer will preside at the hearing and will conduct the hearing in a manner that allows all parties the following rights:

  1. The right to be represented by counsel at the expense of each respective party.
  2. The right to present evidence and oral arguments.
  3. The right to examine witnesses.
  4. The right to an electronic record of the hearing using appropriate equipment, if requested by either party.
  5. The right to written findings of fact and a decision on the matter.

The parent/guardian involved in the hearing process has the right to:

  1. Have the student present at the hearing.
  2. A closed hearing, unless the parent/guardian elects to open the hearing to the public.

The appointed hearing officer will review all relevant facts presented at the hearing and will determine whether the decisions regarding the child’s identification, evaluation, educational program, or placement were appropriate. The hearing officer will have the authority to uphold, reverse, or modify the school district’s decisions or actions.  The hearing officer may request that both parties submit written findings of fact, conclusions of law and decision.

DECISION OF THE HEARING OFFICER

A copy of the hearing officer’s findings of fact and decision will be delivered to the school district and the parent/guardian within sixty (60) calendar days from the date of the assignment of the hearing officer, unless a continuance is granted.  The decision of the hearing officer is binding on all parties concerned.  However, an aggrieved party has the right to request a review of the hearing officer’s decision as provided herein.

REVIEW PROCEDURE

An aggrieved party may petition for review of the hearing officer’s decision.

APPEALS

Appeals of the hearing officer’s or review officer’s decision may be taken as provided by law.  A parent/guardian may also file a complaint with the Office for Civil Rights, 915 2nd Avenue, Room 3310, Seattle, WA 98174-1099; OCR.Seattle@ed.gov.

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LEGAL REFERENCE:

Section 504 of the Rehabilitation Act of 1973

29 USC Chapter 16

34 CFR Part 104.36

ADOPTED:   May 21, 2025

AMENDED: