VII. Addressing Complaints of Non-Compliance with Sec on 504

APPENDIX VII

ADDRESSING COMPLAINTS OF NON-COMPLIANCE WITH SECTION 504 OF THE REHABILITATION ACT

STATEMENT OF PURPOSE:

To establish an administra ve process to address a complaint that the District has failed to comply with the requirements of Sec on 504 of the Rehabilita on Act (“the Act”).

REGULATION

A. DEFINITIONS

1. “Grievant” as used in this Regula on shall mean a parent of a student with a disability, or a student age 18 years or older with a disability who believes that the District has failed to comply with Sec on 504 of the Rehabilita on Act. 2. “Superintendent” as used in this Regula on shall mean the Superintendent of the Brandywine School District or his/her designee. 3. “Controversy” as used in this Regula on means an allega on that the District failed to comply with the requirements of the Act, whether inten onal or uninten onal.

B. PROCEDURE

1. A grievant who believes that the District has failed to comply with the requirements of the Act must fi le a wri en complaint with the Director, Special Educa on and Support Services within seven (7) business days a er the grievant knew or should have known of the controversy. The wri en complaint must include: • the nature of the controversy • the name of the administrator responsible for the loca on where the controversy arose. • a empts by the grievant to address the controversy prior to fi ling the complaint. • a proposed remedy for the controversy. The grievant may use the COMPLAINT OF NON-COMPLIANCE WITH SECTION 504 OF THE REHABILITATION ACT form located at District Offi ces and on the District’s website. 2. Within two work days, the Director of Special Educa on shall no fy the Superintendent of the complaint. 3. The Superintendent or designee shall schedule a hearing within 15 school days of receipt of the wri en grievance. Parents shall have the right: • to be represented by counsel at their own expense; • to present witnesses and cross examine any witnesses presented by the District; and • to receive a copy of any wri en report. The hearing shall be recorded and a transcript of the hearing created. Parents shall have a right to receive a copy of the transcript at their own expense. 4. A wri en report of fi ndings and recommenda ons of the Hearing Offi cer shall be submi ed to the Superintendent within fi ve school days of the hearing for review. The Superintendent shall forward a copy of the Hearing Offi cer’s Report to the grievant and the Director of Special Educa on. 5. Within ten work days of receipt, the Superintendent shall determine if the District failed to comply with the Act and will provide wri en no fi ca on to the