Parents or guardians who wish to challenge a decision of the Section 504 Committee shall file a written Parents' Notice of Appeal with the Section 504 Coordinator within 15 calendar days of the date of the Notice of Section 504 Committee Decision.
Within 15 calendar days of the date of the Parents' Notice of Appeal, the district will schedule a hearing before an impartial hearing officer and provide the parents or guardian with a written Notice of Hearing that sets out the date, time, and place for hearing and advises them of their right to participate and be represented by counsel. Upon good cause shown and at the discretion of the hearing officer, either party may receive a continuance of the scheduled hearing date.
The hearing will be conducted informally and in nonadversial manner. The Rules of Evidence and Procedure will not apply.
The district shall make an audio tape of the complete hearing. No written transcript will be required, but the parents or guardian shall be entitled to obtain a copy of the audio tape at reasonable cost.
The hearing officer will render a brief written decision at the conclusion of the hearing, or, if it is imperative that the decision be taken under advisement, within 15 days of the hearing. No written findings of fact or conclusions of law shall be required of the hearing officer.
The person who serves as impartial hearing officer must not be an employee of the school district and may not be related to any member of the board of trustees in a degree that would be prohibited under the Nepotism Statue.
The hearing officer need not be an attorney at law but shall be familiar with the requirements of Section 504.
The hearing officer will be paid by the school district as an independent contractor for services rendered in regard to the hearing. The hearing will be conducted without cost to the parents or guardian.
Review Procedure
If the parents or guardian disagree with the decision of the impartial hearing officer, they may seek a review of the decision by a court of competent jurisdiction.
16. You also have a right to file a complaint with the Office of Civil Rights. The address of the Regional Office which covers Texas is:
Taylor August, Director
Office of Civil Rights, Region VI
1200 Main Tower Building, Room 1935
Dallas, Texas 75202
(214) 767-3959
PARENTAL NOTICE OF EVALUATION
STUDENT ______________________________GRADE_____________DATE__________________
CAMPUS__________________________________TEACHER______________________________
Dear Parent:
The academic records of all students enrolled in Arp Independent School District are carefully reviewed on an annual basis to ensure that students are continuing to make acceptable academic progress. This district strives to intervene as quickly as possible to provide services to those students who begin to struggles academically. These students become a part of the district's STAR Program and a remedial plan is developed to meet their needs.
During this process of review and identification, school personnel consider any indications of a learning disability which may be interfering with the student's academic progress. In some instances, the student is referred to a multi- disciplinary team of professionals to provide a more in-depth review of the student's educational needs and services available. This multi- disciplinary committee is called the STAR Team which also serves as the district's Section 504 committee.
The student named above has been referred to the STAR Team to determine eligibility under Section 504 as a disabled student. This letter is to provide you written notice that an evaluation of your child will be performed at a Section 504 Committee Meeting on (date)________________ at (time) ______________ on ____________ campus to determine whether you child is eligible under Section 504. If you child is eligible for Section 504, the committee will also develop an individual program to address your child's educational needs and make appropriate placement. Following the meeting, you will be informed in writing of all decisions regarding your child's identification, evaluation, or placement as a Section 504 disabled student.
During this evaluation, the STAR Team will consider information from a variety of sources, including aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, adaptive behavior, physical or medical records, student grades, progress reports, parent observations, anecdotal records, TAAS scores, etc. If you have information that will help us understand your child's educational needs, please contact us.
Placement decisions are also made by the STAR Team. This group of persons are all professional staff members who are knowledgeable about you child, the meaning of evaluation data, the placement options, and the legal requirements for the least restrictive environment and comparable facilities. In order to meet the requirements for the least restrictive environment, the committee first determines if the educational needs can be met in the regular classroom with instructional modifications.
For your information, we are enclosing a Notice of Parent and Student Rights under Section 504, The Rehabilitation Act of 1973, to further clarify the legal requirements the district follows to ensure that parent/student rights are protected. If you have any questions, please feel free to contact me.
_______________________________ ____________________________
Section 504 Coordinator Telephone Number