The Superintendent or designee shall notify the parents/guardians of students with disabilities of all actions and decisions by the district regarding the identification, evaluation, or educational placement of their children. He/she also shall notify the parents/guardians of all the procedural safeguards available to them if they disagree with the district's action or decision, including an opportunity to examine all relevant records and an impartial hearing in which they shall have the right to participate.
If a parent/guardian disagrees with any district action or decision regarding the identification, evaluation, or educational placement of his/her child under Section 504, he/she may request a Section 504 due process hearing within 30 days of that action or decision.
Prior to requesting a Section 504 due process hearing, the parent/guardian may, at his/her discretion, but within 30 days of the district's action or decision, request an administrative review of the action or decision.
The Coordinator shall designate an appropriate administrator to meet with the parent/guardian to attempt to resolve the issue and the administrative review shall be held within 14 days of receiving the parent/guardian's request.
If the parent/guardian is not satisfied with the resolution of the issue, he/she may request a Section 504 due process hearing. Section 504 due process hearing shall be conducted in accordance with the following procedures:
- The parent/guardian shall submit a written request to the Coordinator within 30 days of receiving the district's decision or, if an administrative review is held, within 14 days of the completion of the review. The request for the due process hearing shall include:
- The specific nature of the decision with which he/she disagrees
- The specific relief he/she seeks
- Any other information he/she believes is pertinent to resolving the disagreement
- Within 30 days of receiving the parent/guardian's request, the Superintendent or designee and 504 Coordinator shall select an impartial hearing officer. This 30-day deadline may be extended for good cause or by mutual agreement of the parties.
- Within 45 days of the selection of the hearing officer, the Section 504 due process hearing shall be conducted and a written decision mailed to all parties. This 45-day deadline may be extended for good cause or by mutual agreement of the parties.
- The parties to the hearing shall be afforded the right to:
- Be accompanied and advised by counsel and by individuals with special knowledge or training related to the problems of students with disabilities under Section 504.
- Present written and oral evidence
- Question and cross-examine witnesses
- Receive written findings by the hearing officer stating the decision and explaining the reasons for the decision If desired, either party may seek a review of the hearing officer's decision by a federal court of competent jurisdiction.
The Superintendent or designee shall ensure that the district has taken appropriate steps to notify students and parents/guardians of the district's duty under Section 504.
District Section 504 Administrator for Santa Clara Unified School District
Lissette Moore-Guerra – Coordinator of Health & Wellness
1840 Benton Street, Santa Clara, CA 95050