Procedures For Filing a 504 Complaint


This process may be used to file allegations of discrimination on the basis of disability against the Robertson County Board of Education or any person or program under the jurisdiction of the board. The following procedures are designed to provide a systematic, local protocol for the resolution of complaints and does not supersede the complainant's right to file charges directly with the United States Office of Civil Rights.

Section I: The Informal Process

The Robertson County Board of Education acknowledges the desirability for a complainant and the immediately involved employee to resolve alleged acts of discrimination through informal communications.

  1. A request for an informal conference to resolve issues shall be made directly to the teacher (s) involved . A conference shall be scheduled within five days of notice and should be conducted within ten days of the request.
  2. If the issues remain unresolved, a meeting with the Section 504 team shall be scheduled within ten days to review and address the concerns. If the informal process fails to satisfy the complainant, a formal complaint may be filed as follows.

Section II: Filing a Complaint

  1. Within five days following the meeting of the Section 504 team, the complainant shall file a complaint on the Section 504 complaint form. This form shall be available at each school and the central office.
    1. The complainant shall present the complaint in writing to the Section 504 Coordinator.
    2. The person (s) against whom the complaint is lodged shall be notified immediately of the complaint and shall be given a copy of the complaint.
    3. Within twenty days of the receipt of the complaint, the coordinator shall convene a team of at least three professionals and conduct a hearing regarding the complaint.
    4. All parties involved in the complaint shall be given five days notice of the date, time and and place of the hearing.
    5. The parties shall be granted appropriate due process rights as required by law including the right to be represented by counsel, offer testimony, present evidence, cross examine witnesses, and appeal rulings.
    6. Within twenty days of the adjournment of the hearing, the coordinator shall render a written decision regarding the complaint.

Section III: Appealing to the Director of Schools and the Board

  1. Within ten (10) days of receiving the decision of the Section 504 Coordinator, the complainant may notify the coordinator that he/she wishes to appeal to the Director of Schools.
  2. The Director of Schools shall review the case and advise the complainant
    1. within ten days of his/her decision.
    2. The Director of Schools or his/her designee may conduct a de novo hearing following the same procedures as in the previous hearing or uphold the decision of the 504 Coordinator.
    3. The Director of Schools shall advise the complainant of his/her right to a Due Process Hearing.

Section IV: Due Process Hearing

  1. If the complainant is not satisfied with the decision of the Director of Schools, the complainant may within ten days request in writing a Due Process Hearing.

Section V: Advanced Step Filing

  1. Complaints may be filed initially with the Section 504 Coordinator without completion of the informal process.
  2. No reprisals shall be taken by the board or its agents against any individual because of participation in this process.
  3. A complaint may be withdrawn at any level without establishing a precedent.
  4. An extension of the time limits is permissible by mutual consent of the complainant and the parties at any level.

Where can I find a complaint form?

 Click here to download the Section 504 Complaint form.