Section 504 Enforcement Options
Internal Processes
This is the second post in a series on Section 504 enforcement options. This series begins with internal procedures available directly through the school district or charter.
Public schools are required to have both an internal grievance procedure and an impartial due process hearing procedure to address 504-related claims. Section 504 itself is not very specific on the exact requirements for these procedures, so you will need to refer to the district’s or charter’s policies for more details. Most Arizona public school district policies can be found on the Arizona School Board Association PolicyBridge website. For help using PolicyBridge to find your school district’s policy, click here. You can also request the procedures directly from the district or charter.
Internal Grievance Procedure
You may file a Section 504 complaint directly with your school district or charter to request an internal investigation of alleged discrimination. It may be appropriate to file an internal grievance if you believe there has been different treatment due to disability, disability-related harassment or bullying, lack of accessible facilities, or policies that negatively impact students with disabilities. Section 504 grievance procedures may vary depending on the school district and there may be limitations to filing, so look to the school district or charter website to find out more. If you disagree with the process used or the outcome of the internal investigation, you can file a complaint with OCR within 60 days of the completion of the investigation. For more information on the internal grievance process click here.
Impartial 504 Hearing
You can request a Section 504 hearing on any matter relating to the identification, evaluation, placement, or provision of a free appropriate public education (FAPE) to a student with a disability. If you are considering requesting a Section 504 hearing, you should first review your school’s Section 504 hearing procedures either on the school’s website or by requesting the procedures from the district or charter.
As a part of the impartial hearing, parents or guardians should receive notice and should have the opportunity to examine relevant records, participate in the hearing, and be represented by an attorney at parent’s/guardian’s expense. School districts are also required to develop and implement procedures for review of the hearing officer’s decision. You should refer to the school’s policies to find important timelines for the hearing and decision.
If you disagree with the outcome of the internal impartial due process hearing, you have the option to file a complaint with OCR within 60 days of the decision or pursue other dispute resolution options as described below.
DRAZ will be sharing more information about other Section 504 enforcement options in the coming days.
