Linda Schultz, President Linda P. Bryant, Vice President Julia C.

Bernath Gail Dean Catherine Maddox Linda McCain Katie Reeve Ro!ert M. "vo a, #d.D., Superintendent

BOARD OF EDUCATION

Section 504 Procedural Safeguards

1. Overview: Any student or parent or guardian (grievant) may request an impartial hearing due to Fulton County School Districts actions or inactions regarding your child s identi!ication" evaluation" or educational placement under Section #$%. &equests !or an impartial hearing must 'e in (riting to the school systems Section #$% Coordinator) ho(ever" a grievants !ailure to request a hearing in (riting does not alleviate the school systems o'ligation to provide an impartial hearing i! the grievant orally requests an impartial hearing through the school systems Section #$% Coordinator. *he school systems Section #$% Coordinator (ill assist the grievant in completing the (ritten &equest !or +earing. 2. Hearing Request: *he &equest !or the +earing must include the !ollo(ing, a. '. c. d. e. !. g. *he name o! the student. *he address o! the residence o! the student. *he name o! the school the student is attending. *he decision that is the su'-ect o! the hearing. *he requested reasons !or revie(. *he proposed remedy sought 'y the grievant. *he name and contact in!ormation o! the grievant.

.ithin /$ 'usiness days !rom receiving the grievants &equest !or +earing" the Section #$% Coordinator (ill ac0no(ledge the &equest !or +earing in (riting and schedule a time and place !or a hearing. 1! the (ritten &equest !or +earing does not contain the necessary in!ormation noted a'ove" the Section #$% Coordinator (ill in!orm the grievant o! the speci!ic in!ormation needed to complete the request. All timelines and processes (ill 'e stayed until the &equest !or +earing contains the necessary in!ormation noted a'ove. 3. ediation: *he school system may o!!er mediation to resolve the issues detailed 'y the grievant in his or her &equest !or +earing. 2ediation is voluntary and 'oth the grievant and school system must agree to participate. *he grievant may terminate the mediation at any time. 1! the mediation is terminated (ithout an agreement" the school system (ill !ollo( the procedures !or conducting an impartial hearing (ithout an additional &equest !or +earing. 4. Hearing Procedures: a. *he Section #$% Coordinator (ill o'tain an impartial revie( o!!icial (ho (ill conduct a hearing (ithin %# calendar days !rom the receipt o! the grievants &equest !or +earing unless agreed to other(ise 'y the grievant or a continuance is granted 'y the impartial revie( o!!icial.

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'. 3pon a sho(ing o! good cause 'y the grievant or school system" the impartial revie( o!!icial" at his or her discretion" may grant a continuance and set a ne( hearing date. *he request !or a continuance must 'e in (riting and copied to the other party. c. *he grievant (ill have an opportunity to e4amine the childs educational records prior to the hearing. d. *he grievant (ill have the opportunity to 'e represented 'y legal counsel at his or her o(n e4pense at the hearing and participate" spea0" e4amine (itnesses" and present in!ormation at the hearing. 1! the grievant is to 'e represented 'y legal counsel at the hearing" he or she must in!orm the Section #$% Coordinator o! that !act in (riting at least /$ calendar days prior to the hearing. Failure to noti!y the Section #$% Coordinator in (riting o! representation 'y legal counsel shall constitute good cause !or continuance o! the hearing. e. *he grievant (ill have the 'urden o! proving any claims he or she may assert. .hen (arranted 'y circumstances or la(" the impartial hearing o!!icer may require the recipient to de!end its position5decision regarding the claims (i.e. A recipient shall place a disa'led student in the regular educational environment operated 'y the recipient unless it is demonstrated 'y the recipient that the education o! the person in the regular environment (ith the use o! supplementary aids and services cannot 'e achieved satis!actorily. 6% C.F.&.7/$%.6%). 8ne or more representatives o! the school system" (ho may 'e an attorney" (ill attend the hearing to present the evidence and (itnesses" respond to the grievant testimony and ans(er questions posed 'y the revie( o!!icial. !. *he impartial revie( o!!icial shall not have the po(er to su'poena (itnesses" and the strict rules o! evidence shall not apply to hearings. *he impartial revie( o!!icial shall have the authority to issue pre9hearing instructions" (hich may include requiring the parties to e4change documents and names o! (itnesses to 'e present. g. *he impartial revie( o!!icial shall determine the (eight to 'e given any evidence 'ased on its relia'ility and pro'ative value. h. *he hearing shall 'e closed to the pu'lic. i. *he issues o! the hearing (ill 'e limited to those raised in the (ritten or oral request !or the hearing. -. .itnesses (ill 'e questioned directly 'y the party (ho calls them. Cross9e4amination o! (itnesses (ill 'e allo(ed. *he impartial revie( o!!icial" at his or her discretion" may allo( !urther e4amination o! (itnesses or as0 questions o! the (itnesses. 0. *estimony shall 'e recorded 'y court reporting or audio recording at the e4pense o! the recipient. All documentation related to the hearing shall 'e retained 'y the recipient. l. 3nless other(ise required 'y la(" the impartial revie( o!!icial shall uphold the action o! school system unless the grievant can prove that a preponderance o! the evidence supports his or her claim. m. Failure o! the grievant to appear at a scheduled hearing unless prior noti!ication o! a'sence (as provided and approved 'y the impartial revie( o!!icial or -ust cause is sho(n shall constitute a (aiver o! the right to a personal appearance 'e!ore the impartial revie( o!!icial.

5. !ecision: *he impartial revie( o!!icial shall issue a (ritten determination (ithin :$ calendar days o! the date the hearing concluded. *he determination o! the impartial revie( o!!icial shall not include any monetary damages or the a(ard o! any attorneys !ees. ". Review: 1! not satis!ied (ith the decision o! the impartial revie( o!!icial" any party may pursue any right o! revie(" appeal" cause o! action or claim availa'le to them under the la( or e4isting state or !ederal rules or regulations.