Seminole County Schools
Section 504 Hearing Procedures
accordance with Georgia
Request: The Request for the Hearing must include the following:
The name of the student.
The address of the residence of the student.
The name of the school the student is attending.
The decision that is the subject of the hearing.
The requested reasons for review.
The proposed remedy sought by the grievant.
The name and contact information of the grievant.
10 business days from receiving the grievant’s Request for Hearing, the Section
504 Coordinator will acknowledge the Request for Hearing in writing and
schedule a time and place for a hearing. If the written Request for Hearing
does not contain the necessary information noted above, the Section 504
Coordinator will inform the grievant of the specific information needed to
complete the request. All timelines and processes will be stayed until the
Request for Hearing contains the necessary information noted above.
The school system may offer mediation to resolve the issues detailed by the
grievant in his or her Request for Hearing. Mediation is voluntary and both the
grievant and school system must agree to participate. The grievant may
terminate the mediation at any time. If the mediation is terminated without an
agreement, the school system will follow the procedures for conducting an
impartial hearing without an additional Request for Hearing.
The Section 504 Coordinator will obtain an impartial review official who will
hearing within 45 calendar days from the receipt of the grievant’s Request for Hearing
unless agreed to otherwise by the grievant or a continuance is granted by the impartial
Upon a showing of good cause by the grievant or school system, the impartial
at his or her discretion, may grant a continuance and set a new hearing date. The
request for a continuance must be in writing and copied to the other party.
The grievant will have an opportunity to examine the child’s educational
records prior to
The grievant will have the opportunity to be represented by legal counsel at
his or her own
expense at the hearing and participate, speak, examine witnesses, and present information
at the hearing. If the grievant is to be represented by legal counsel at the hearing,
he or she must inform the Section 504 Coordinator of that fact in writing at least
10 calendar days prior to the hearing. Failure to notify the Section 504 Coordinator
in writing of representation by legal counsel shall constitute good cause for
continuance of the hearing.
The grievant will have the burden of proving any claims he or she may assert.
by circumstances or law, the impartial hearing officer may require the recipient
to defend its position/decision regarding the claims (i.e. A recipient shall place
a disabled student in the regular educational environment operated by the recipient
unless it is demonstrated by the recipient that the education of the person in the
regular environment with the use of supplementary aids and services cannot be achieved
satisfactorily. 34 C.F.R.§104.34). One or more representatives of the school system,
who may be an attorney, will attend the hearing to present the evidence and witnesses,
respond to the grievant testimony and answer questions posed by the review official.
The impartial review official shall not have the power to subpoena witnesses,
and the strict
rules of evidence shall not apply to hearings. The impartial review official
the authority to issue pre-hearing instructions, which may include requiring
to exchange documents and names of witnesses to be present.
The impartial review official shall determine the weight to be given any
evidence based on its reliability and probative value.
The hearing shall be closed to the public.
The issues of the hearing will be limited to those raised in the written or
oral request for
Witnesses will be questioned directly by the party who calls them.
witnesses will be allowed. The impartial review official, at his or her
allow further examination of witnesses or ask questions of the witnesses.
Testimony shall be recorded by court reporting or audio recording at the
expense of the recipient.
All documentation related to the hearing shall be retained by the recipient.