Grievance and Formal Due Process Procedure
Under Section 504 of the Rehabilitation Act of 1973
Under Section 504, if parents disagree with any of the decisions about their child's education they have the right to file a grievance or request an impartial due process hearing related to decisions or actions regarding your child’s evaluation, identification, educational program, or placement. Parents and their child(ren) may take part in the hearing and have an attorney represent them.
Local Grievance Requests:
Must be made to the Building administrator
Due Process Hearing Requests:
Must be made to:
504 Compliance Coordinator
Director of Special Services
420 South Washington Street
Papillion, NE 68046
Rules of the Hearing
- The following shall attend the hearing: the hearing officer, the building principal (or designee), the student’s parents or guardians, and /or the student if of legal age. Any party in the hearing may have a representative, which may be an attorney. The student may be present if requested by the parents or guardians, however, the hearing officer may exclude the student at appropriate times.
- The hearing shall be closed to the public unless the student’s parents or guardians request an open hearing.
- Witnesses may be sequestered at the request of either party.
- The building administrator may present written statements, in affidavit form, to the hearing officer, of anyone having information pertinent to the case, and only if these written statements have been made available to the student’s parents or guardians or representatives prior to the hearing.
- The hearing officer is not bound by the rules of evidence or other rules of courtroom procedure.
- The following may ask persons to testify at the hearing: the student, the student’s parents, guardians or representatives, the principal (or designee) and the hearing officer.
- The persons listed above shall have the right to question any witness giving information at the hearing.
- Testimony shall be under oath: The hearing officer shall administer the oath.
- The proceedings shall be recorded at the expense of the school district.