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1. Any qualified handicapped person, or persons, who feels subject to discrimination with respect to Section 504 of the Rehabilitation Act has the right to file a formal grievance.

2. Any qualified handicapped person, or persons, who has a grievance shall discuss it first with the appropriate building Principal in an attempt to resolve the matter informally at that level.

3. If, as a result of the discussion, the matter is not resolved to the satisfaction of the aggrieved party within five (5) school days, the aggrieved party shall set forth the grievance in writing to the Principal.  The Principal shall communicate his/her decision to the aggrieved party in writing within five (5) school days of receipt of the written grievance.

4. The aggrieved party, no later than five (5) school days after receipt of the Principal's decision, may appeal the Principal's decision to the Section 504 Coordinator.  The appeal to the Coordinator must be made in writing reciting the matter submitted to the Principal and the aggrieved party's dissatisfaction with decisions previously rendered.  The Coordinator shall meet with the aggrieved party to attempt to resolve the matter as quickly as possible, but within a period not to exceed five (5) school days. The Coordinator shall communicate his/her decision in writing to the aggrieved party and the Principal not later than five (5) school days after the meeting.

5. If the grievance is not resolved to the aggrieved party's satisfaction, the aggrieved party, no later than five (5) school days after receipt of the Coordinator's decision, may submit a written request for a hearing with the local Board of School Committee regarding the alleged discrimination through the Superintendent of Schools.  The hearing will be held within thirty (30) calendar days of the written request.  The Board of School Committee must provide the aggrieved party with a written decision on the appeal within ten (10) calendar days after the hearing.

6. Between the date the aggrieved party requests the hearing and the date the hearing is held, the aggrieved party and the Manchester School District may continue to negotiate.  If the Manchester School District and aggrieved party agree on a mutual solution to the alleged discrimination, the hearing would be canceled.

7. The decision of the Board of School Committee is final pending any further legal recourse as may be described in current Manchester School District policy, state or federal statutes pertaining to Section 504 of the Rehabilitation Act of 1973.

Legal References:

Section 504 of the Rehabilitation Act of 1973

34 C.F.R. § 104.7(b), Adoption of Grievance Procedures

Reviewed: May 2006

Revised: March 2005

Reviewed: October 2004

Revised:    July 1998

NHSBA Code KED

First Reading Coordination: 08/14/2018

Second Reading and. Approval BOSC: 08/27/2018