Exceptional Children, Extraordinary Potential
Disability Rights Montana
U.S. Department of Education, Office of Civil Rights
Protecting Students with Disabilities: Frequently Asked Questions About Section 504 and the Education of Children with Disabilities - www.ed.gov/ocr/504faq.html
Content specific to twice exceptional students on pages 23 and 55-57.
Resolving Disagreements - Dispute Resolution Options
Elementary and secondary educational programs are required to establish and implement a system of procedural safeguards with respect to the identification, evaluation, or provision of services under Section 504 (34 CFR §104.36). This system includes
Individuals disagreeing with the identification, evaluation, and/or provision of services have several options available under Section 504, including:
- an opportunity for the parents or guardian to examine relevant records,
- an impartial hearing with the opportunity for participation by the parent or guardian and representation by counsel, and
- a review procedure.
- Filing a complaint or grievance through the school district's discrimination complaint procedure as required under Section 504
- Requesting a hearing before an impartial hearing officer*
- An opportunity for a review of the decision made at the hearing*
- Filing a complaint with the Office for Civil Rights
Montana Human Rights Bureau - http://erd.dli.mt.gov/human-rights
- In Montana, filing a complaint with the Montana Human Rights Bureau may be an additional disagreement option if following the school district complaint procedure or hearing does not lead to agreement.
Regional Office: Seattle, Washington
*OCR has determined that school board members, district employees, and people who contract with the district to provide services to students with disabilities are not appropriate impartial hearing officers for due process hearings under Section 504. Similarly, in at least one case, OCR found that procedures for appealing an impartial hearing officer's decision violated Section 504 where they allowed for the decision to be overturned by the school board, which was not an impartial entity. https://www.azdisabilitylaw.org/section-504-part-3-impartial-hearing/
Please contact us with recommended additions or deletions.