- Overview: Any student or parent or guardian ('grievant") may request an impartial hearing due to the Glynn County School System's actions or inactions regarding your child's identification, evaluation, or educational placement under Section 504. Requests for an impartial hearing must be made in writing to the school system's Section 504 Coordinator; however, a grievant's failure to request a hearing in writing does not alleviate the school system's obligation to provide an impartial hearing if the grievant orally requests an impartial hearing through the school system's Section 504 Coordinator. The school system's Section 504 Coordinator will assist the grievant in completing the written Request for Hearing.
- Hearing Request: The Request for Hearing must include the following:
a. The name of the student.
b. The address of the residence of the student.
c. The name of the school the student is attending.
d. The decision that is the subject of the hearing.
e. The requested reasons for review.
f. The proposed remedy sought by the grievant.
g. The name and contact information of the grievant.
Within 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.
- Mediation: The Glynn County 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.
- Hearing Procedures:
a. The Section 504 Coordinator will contact the impartial reivew official, who will conduct a
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
b. Upon a showing of good cause by the grievant or school system, the impartial reivew
official, 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.
c. The grievant will have an opportunity to examine the child's educational records prior to
d. 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
meeting, 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 rescheduling of
e. The grievant will have the burden of proving any claims he or she may assert. When
warranted 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 reivew official.
f. The impartial reivew official shall not have the power to subpoena witnesses, and the strict rules of
evidence shall not apply to hearings. The impartial reivew official shall have the authority to issue pre-
hearing instructions, which may include requiring the parties to exchange documents and names of
witnesses to be present.
g. The impartial review official shall determine the weight to be given any evidence based on its reliability
and probative value.
h. The hearing shall be closed to the public.
i. The issues of the hearing will be limited to those raised in the written or oral request for the hearing.
j. Witnesses will be questioned directly by the party who calls them. Cross-examination of witnesses will
be allowed. The impartial review official, at his or her discretion, may allow further examination of
witnesses or ask questions of the witnesses.
k. Testimony shall be recorded by court reporting or audio reporting at the expense of the recipient. All
documentation related to the hearing shall be retained by the recipient.
l. Unless otherwise required by law, the impartial review official shall uphold the action of the school
system unless the grievant can prove that a preponderance of the evidence supports his or her claim."
m. Failure of the grievant to appear at a scheduled hearing unless prior notification of absence was
provided and approved by the impartial review official or just cause is shown shall constitute a waiver
of the right to personal appearance before the impartial review official.
- Decision: The impartial review official shall issue a written determination within 20 calendar days of the date the hearing concluded. The determination of the impartial review official shall not include any monetary damages or the award of any attorney's fees.
- Review: If not satisfied with the decision of the impartial review official, any party may pursue any right of review, appeal, cause of action or claim available to them under the law or existing state or federal rules or regulations.