Due Process Standards to Handle Grievance Questions

Section 504 regulations direct school districts to adopt grievance procedures that incorporate due process standards and provide “prompt and equitable resolution” of any complaints regarding pure discrimination. What precisely is required is up to the school district. 504 regulations provide no assistance to school districts, but best practice is typically found to be the use of the district’s formal grievance procedure for other complaints of discrimination. With respect to such procedures, the OCR provided some guidance in Hayward (CA) Unified School District, 23 IDELR 107 (OCR 1995). The OCR stated a compliant grievance procedure should include the following:

• Reasonable time frames
• The opportunity to present evidence
• Notification of the findings
• An appeal process