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Policies » Section K: School/Community - Home Relations » KED: Grievance Procedures – Section 504

Policy Date: 06/12/2009

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ASD File: KED
AUBURN SCHOOL DISTRICT
GRIEVANCE PROCEDURE – SECTION 504
(Public Complaints about Facilities or Services)

1. Any qualified handicapped person or persons who feels subject to discrimination with respect to Section 504 of the Rehabilitation Act of 1973 has the right to file a formal grievance.
2. Any qualified handicapped person or persons who have a grievance shall discuss it first with the building administrator in an attempt to resolve the matter informally at that level.
3. If, as a result of the discussion, the matter is not resolved to the satisfaction of the aggrieved party within five (5) school days, the aggrieved party shall set forth the grievance in writing to the building administrator. The building administrator shall communicate his/her decision to the aggrieved party in writing within five (5) school days of receipt of the written grievance.
4. The aggrieved party, no later than five (5) school days after receipt of the building administrator’s decision, may appeal the building administrator’s decision to the Superintendent of Schools, or his/her designee. The appeal to the Superintendent of Schools, or his/her designee, must be made in writing reciting the matter submitted to the building administrator and the aggrieved party’s dissatisfaction with decisions previously rendered. The Superintendent of Schools, or his/her designee, shall meet with the aggrieved party to attempt to resolve the matter as quickly as possible, but within a period not to exceed five (5) school days. The Superintendent of Schools, or his/her designee, shall communicate his/her decision in writing to the aggrieved party and the building administrator not later than five (5) school days after the meeting.
5. If the grievance is not resolved to the aggrieved party’s satisfaction, the aggrieved party, no later than five (5) school days after receipt of the Superintendent of School’s, or his/her designee, decision, may submit a written request  for a hearing with the local Auburn School Board regarding the alleged discrimination through the Superintendent of Schools. The hearing will be held within thirty (30) calendar days of the written request. The School Board must provide the aggrieved party with a written decision on the appeal within ten (10) calendar days after the hearing.
6. Between the dates the aggrieved party requests the hearing and the date the hearing is held, the aggrieved party and the Auburn School District may continue to negotiate. If the School District and aggrieved party agree on a mutual solution to the alleged discrimination, the hearing would be cancelled.
7. The decision of the School Board is final pending any further legal recourse as may be described in current local district, state or federal statutes pertaining to Section 504 of the Rehabilitation Act of 1973.

Legal Reference: Section 504 of the Rehabilitation Act of 1973 34 C.F.R. § 104.7(b)

Adopted: June 12, 2001
Revised: June 12, 2007