Under Section 504, school districts are required to establish and implement a system of procedural safeguards to allow parents to appeal decisions and make complaints regarding the identification, evaluation, or educational placement of students with disabilities. Procedural safeguards include notice, an opportunity for records review by parents, an impartial due process hearing with an opportunity for participation by the student’s parents and representation by counsel, and a review procedure.1
Section 504 does not provide any further detail about what the impartial due process hearing must look like. The creation of grievance procedures, including an impartial hearing process, are left to the LEAs. Therefore, each LEA’s policies may differ significantly, and it is of the utmost importance to research and become familiar with the specific 504 grievance/hearing policies in the student’s district. While the law requires an “impartial due process hearing,” in Louisiana this is not the same as an IDEA due process hearing before an Administrative Law Judge. Instead, it is typically a hearing in front of a district-level 504 administrator within the student’s school district.
The policies and procedures regarding 504 grievances/hearings should be outlined in the school district’s policies and handbook and made available online or upon request. Note that it is important to adhere to all of the procedural requirements and timelines stated in the district’s specific grievance procedure.
- 134 C.F.R. § 104.36.