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500.2R1 Grievance Procedures for Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act

500.2R1 Grievance Procedures for Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act

GRIEVANCE PROCEDURES FOR SECTION 504 OF THE REHABILITATION ACT OF 1973 AND THE AMERICANS WITH DISABILITIES ACT

 

Students with disabilities and their parents or guardians have the right to file a complaint alleging discrimination under Section 504 of the Rehabilitation Act of 1973.

Step One:  The student or parent/guardian (“Complainant”) will first attempt to work out a resolution with the staff member(s) directly involved.

Step Two:  If the matter cannot be informally resolved, the Complainant may file a written complaint with the Compliance Officer (Facilitator of Special Needs) identifying all involved persons, the nature of the problem, and the requested remedy.  The Compliance Officer shall investigate the complaint and provide a written response to the Complainant within fifteen (15) school days or as soon as reasonably practicable after receipt of the complaint.

Step Three:  If the matter has not been resolved at Step Two, the Complainant may, within fifteen (15) school days of receiving the Compliance Officer’s written response, make a written appeal to the Superintendent.  The Superintendent shall determine whether additional investigation is necessary and provide a written response to the Complainant within fifteen (15) days or as soon as reasonably practicable after receiving notice of the appeal.

Step Four:  If the matter has not been resolved, the Complainant has a right to an impartial hearing with a neutral third-party hearing officer.  Complainant must request the impartial hearing within fifteen (15) days of receiving the Superintendent’s written response.  Complainant and the school district have the right to participate in the hearing, present evidence, and be represented by counsel.  The decision of the impartial hearing officer is final.

This procedure in no way denies the right of the Complainant to file a formal complaint with the Iowa Civil Rights Commission or the U.S. Department of Education Office of Civil Rights.

 

Review:  October 14, 2019

Date of Last Review:  October 10, 2022

 
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