Hearing Procedures

504 Due Process Hearing Procedures

A parent may request a local 504 due process hearing if he/she disagrees with actions regarding the identification, evaluation, modification, accommodation, discipline, placement, or educational services of a student who is believed to have a disability as defined by Section 504. Written request for a hearing should be directed to the Coordinator of Section 504.

The coordinator of Section 504 will consult with the parents, local school personnel, and appropriate others to determine whether an agreement can be reached. If no agreement is reached, alternative methods of dispute resolution, such as mediation, may be explored.

Should attempts at agreement fail, a hearing date will be established after receipt of the parent’s written request for a hearing.

The hearing will be conducted by an impartial hearing officer. The impartial hearing officer shall be selected by the Coordinator of Section 504. The hearing officer shall not be an employee of the Charles County Public Schools

A written decision will be rendered.

Parents have the right to:

1. Inspect, at reasonable times, all educational records relating to the student and proposed action, including tests and reports. An appointment during school hours is required. The parents may receive copies upon request at a nominal cost.

2. Request that the hearing be open to the public.

3. Have the student who is the subject of the hearing present.

4. Be accompanied and advised by counsel and by individuals knowledgeable about disabled children.

5. Present competent and relevant evidence, both in documentary and witness form.

6. Question and cross-examine witness.