Hudson School District

SAU #81

20 Library Street

Hudson, NH 03051-4240

Phone (603) 883-7765 fax (603) 886-1236

 

Section 504 Grievance Procedures

 

The District utilizes the following grievance procedure for allegations of violations of Section 504 or the ADA, including but not limited to, allegations of disability-based harassment by students, staff, or third parties.  Retaliation against anyone who files a grievance or cooperates in the investigation of a grievance is strictly prohibited and may result in disciplinary action. 

 

The District will take steps, including but not limited to, non-disciplinary interventions and discipline of students and/or employees, to address any violations, if appropriate and prevent recurrence of any violations of Section 504 or the ADA, including but not limited to, allegations of disability-based harassment, and to correct the discriminatory effects of disability-based harassment on the complainant and others, if appropriate, and to prevent retaliation against anyone who files a grievance or cooperates in the investigation of a grievance. 

 

1.     Any person who has a grievance (“the complainant”) may discuss it first with the appropriate building Principal in an attempt to resolve the matter informally.  .  The complainant may, at any time, suspend the informal process and submit a formal grievance to the District’s Section 504/ADA Coordinator (the Assistant Superintendent for Curriculum & Instruction).  If the building Principal is the subject of the grievance, the complainant may discuss the grievance with the Director of Student Services in an attempt to resolve the matter informally.

 

2.     If the informal discussion does not resolve the matter to the satisfaction of the complainant, or if the complainant wishes to bypass the informal process and file a formal grievance, he/she may submit a formal, written grievance to the District’s Section 504/ADA Coordinator.[1]  The written grievance must contain the name of the complainant, as well as a description of the alleged violation and, if known, the remedy or relief sought.  When possible, the District will provide the alleged perpetrator with notice of the grievance.

 

3.     The Section 504/ADA Coordinator or his/her designee shall conduct an adequate, reliable, and impartial investigation and provide the complainant and alleged perpetrator with a written response to the complaint within five (5) business days of receipt of the written complaint.  If the investigation cannot be completed within five (5) business days of receipt of the written complaint, the Section 504/ADA Coordinator shall notify the complainant and alleged perpetrator of the need for additional time to complete the investigation, and shall provide an estimated time for completion of the investigation and the submission of a written response.

 

4.     The complainant and/or perpetrator may appeal the decision to the Superintendent, by submitting a written request for an appeal within five (5) calendar days of the date of the Section 504/ADA Coordinator’s written response to the complaint.  The Superintendent shall make a determination on the appeal and provide the complainant with a written response to the appeal, within ten (10) business days of the date the appeal is received.  The decision of the Superintendent is final.  If the Superintendent is the subject of the complaint, an appeal may be filed with the School Board Chair.

 

A complaint may also be filed with:

 

The Office for Civil Rights - Boston Office

U.S. Department of Education

8th Floor

5 Post Office Square

Boston, MA 02109-3921

Telephone Number (617) 289-0111

Fax: 617-289-0150; TDD: 800-877-8339

Email: OCR.Boston@ed.gov

 

Further information can be obtained at the following website: http://www.ed.gov/about/offices/list/ocr/complaints-how.html

 

 

 


[1] If the building Principal is the subject of the grievance, the formal grievance should be filed with the District’s Section 504/ADA Coordinator. If the District’s Section 504/ADA Coordinator is the subject of the grievance, the formal grievance may be filed with the District’s Director of Human Resources, who shall then be responsible for ensuring that the grievance process is followed, including conducting an investigation (or designating an investigator) and providing complainant and alleged perpetrator with notice of the results of the investigation.