CODE: 5145.41
SECTION: PUPILS
AFFIRMATIVE ACTION: PROGRAM ACCESS AND ACCOMMODATION
The following regulations are set forth for the implementation of 504/ADA due process compliance.
A. Section 504/ADA Due Process Hearing Procedures
Upon the notification of any West Milford Township School District decision concerning identification, evaluation, or placement, the parents or guardian will be advised that a Section 504 request for a due process hearing may be made within 30 days. The request shall be made to the District 504 Compliance Officer with a copy to the building principal of the school which the student attends.
An impartial due-process hearing will be utilized to resolve differences involving the education of a Section 504 qualified handicapped student when such differences cannot be resolved by means of a less formal procedure. In this instance, due process is defined as an opportunity to present objections and reasons for the objections to the decision and/or procedures of the committee regarding application of Section 504. A Section 504 due-process hearing may be called at the request of the District or a parent, guardian, or surrogate of an affected student. The proceedings will be presided over and decided by the hearing officer, who shall be the District 504 Compliance Officer.
Requests for a due-process hearing must be submitted in writing to the hearing officer at the West Milford Board of Education, 46 Highlander Drive, West Milford, New Jersey 07480.
Hearing notifications to the parents shall be given at least twenty (20) calendar days prior to the date set for the hearing. The notice shall contain:
1. A statement of the time, place, and nature of the hearing.
2. A statement of the availability of relevant records for examination.
3. A short and plain statement of the matters asserted.
4. A statement of the right to be represented by counsel.
All written correspondence shall be provided in English and/or interpreted in the student/parent’s primary language. In cases where there are language differences, an interpreter shall be provided.
Parents involved in the hearing will be given the right to have the student present at the hearing and to open the hearing to the public with prior notification to the District.
The hearing officer shall review all relevant facts concerning the education placement and shall ascertain whether:
1. The procedures utilized in determining the student’s needs have been appropriate in nature and degree.
2. The student’s rights have been fully observed.
3. The provision of aids, services, or programs to the student may afford a free and appropriate education.
Decision of the Hearing Officer
A copy of the hearing officer’s decision shall be delivered to the Superintendent, the parent, guardian, or surrogate, and the building principal of the school which the student attends within 10 days following completion of the hearing, which in no event shall be later than forty-five (45) days after receipt of the request for a hearing.
Notification will include a statement that either party may appeal the decision.
Appeal
If the parent is not satisfied with the decision of a Section 504 hearing officer, the complainant may request in writing a hearing by the Board of Education.
The Board, after reviewing all material relating to the case, will either provide the complainant with its written decision or grant a hearing before the Board. The Board President may designate a committee to meet with the grievant. The complainant shall be advised, in writing, of the Board’s decision, no more than 30 days following the hearing.
B. Section 504/ADA Internal Grievance Procedure
The West Milford Township Public Schools have adopted an internal grievance procedure
providing for prompt and equitable resolution of complaints emanating from students, parents, and/or employees alleging any action prohibited by the Americans with Disabilities Act (ADA) and by the Office of Civil Rights regulations implementing Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794). Section 504 states, in part, that "no otherwise qualified handicapped individual......shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance...."Complaints should be addressed to the District 504 Compliance Officer, West Milford Board of Education, 46 Highlander Drive, West Milford, New Jersey 07480, who has been designated to coordinate section 504/ADA compliance efforts.
1. A complaint should be filed in writing or verbally, contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations.
2. A complaint should be filed within one hundred eighty (180) days after the complainant becomes aware of the alleged violation. The time for filing the complaint may be extended for a period of thirty (30) days for good cause.
3. The 504/ADA Coordinator assisted by other appropriate personnel will conduct an investigation affording all interested persons and their representatives an opportunity to submit evidence relevant to the complaint.
4. A written determination as to the validity of the complaint and a description of the resolution will be issued by the 504/ADA Coordinator and a copy forwarded to the complainant no later than fifteen (15) days after its filing.
5. The section 504/ADA Coordinator will maintain the files and records of the West Milford Board of Education relating to the complaints filed.
6. The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made within thirty (30) days to the Assistant Superintendent.
7. The right of a person to a prompt and equitable resolution of the complaint filed hereunder will not be impaired by the person’s pursuit of other remedies such as the filing of a section 504 or ADA complaint with the responsible federal department or agency. Using this grievance procedure is not a prerequisite to the pursuit of other remedies.
8. These rules will be construed to protect the substantive rights of interested persons, meet appropriate due process standards and assure that the West Milford Board of Education complies with the ADA, section 504 and their implementing regulations.
First Reading: December 12, 2000
Adopted: December 19, 2000