Section 504 of the Rehabilitation Act of 1973 (“Section 504")
- Impartial Due Process Hearing: If the parent or legal guardian of a student who qualifies under Section 504 for special instruction or related services disagrees with a decision of RISE Charter School with respect to:
A. The identification of the child as qualifying for Section 504;
B. RISE Charter School’s evaluation of the child, and/or
C. The educational placement of the child,
the parents of the student are entitled to certain procedural safeguards. The student shall remain in his or her current placement until the matter has been resolved through the process set forth herein.
A. RISE Charter School shall provide written notice to the parent/guardian of a Section 504 student prior to initiating an evaluation of the child and/or determining the appropriate educational placement of the child, including special instruction and/or related services;
B. Upon request, the parent/guardian of the student shall be allowed to examine all relevant records relating to the child’s education and the school’s identification, evaluation, and/or placement decision;
C. The parent/guardian of the student may make a request in writing for an impartial due process hearing. The written request for an impartial due process hearing shall identify with specificity the areas in which the parent or legal guardian are in disagreement with RISE Charter School;
D. Upon receipt of a written request for an impartial due process hearing, a copy of the written request shall be forwarded to all interested parties within three business days of receipt of the same;
E. Within ten days of receipt of a written request for an impartial due process hearing, RISE Charter School shall select and appoint an impartial hearing officer that has no professional or personal interest in the matter. In that regard, RISE Charter School may select a hearing officer from the list of special education hearing examiners available at the Office of Public Instruction, the county superintendent, or any other person that would conduct the hearing in an impartial and fair manner;
F. Once RISE Charter School has selected an impartial hearing officer, RISE Charter School shall provide the parent/guardian and all other interested parties with notice of the person selected;
G. Within five days of RISE Charter School’s selection of a hearing officer, a pre-hearing conference shall be scheduled to set a date and time for a hearing, identify the issues to be heard, and stipulate to undisputed facts to narrow the contested factual issues;
H. The hearing officer shall in writing notify all parties of the date, time, and location of the due process hearing;
I. At anytime prior to the hearing, the parties may mutually agree to submit the matter to mediation. A mediator may be selected from the Office of Public Instruction’s list of trained mediators.
J. At the hearing, RISE Charter School and the parent/guardian may be represented by counsel;
K. The hearing shall be conducted in an informal but orderly manner. Either party may request that the hearing be recorded. Should either party request that the hearing be recorded, it shall be recorded using either appropriately equipment or a court-reporter. RISE Charter School shall be allowed to present its case first. Thereafter the parent/guardian shall be allowed to present his or her case. Witnesses may be called to testify and documentary evidence may be admitted, however, witnesses will not be subject to cross-examination and the Idaho Rules of Evidence will not apply. The hearing officer shall make all decisions relating the relevancy of all evidence intended to be presented by the parties. Once all evidence has been received the hearing officer shall close the hearing. The hearing officer may request that both parties submit proposed findings of fact, conclusions, and decision;
L. Within 20 days of the hearing, the hearing examiner should issue a written report of his or her decision to the parties; and
M. Appeals may be taken as provided by law. The parent/guardian may contact the Seattle Office, Office of Civil Rights, U.S. Department of Education, 915 Second Avenue Room 3310, Seattle, WA 98174-1099, (206)607-1600.
- Uniform Grievance Procedure: If a parent/guardian of the student alleges that RISE Charter School and/or any employee of RISE Charter School has engaged in discrimination or harassment of the student, the parent/guardian will be required to proceed through RISE Charter School’s Uniform Grievance Procedure.
Policy History:
Adopted on: June 14, 2021
Revised on:
Reviewed on: