Federal Programs
Section 504 & ADA Grievance Procedures

The Newport City School Board is committed to maintaining equitable employment/educational practices, services, programs, and activities that are accessible and usable by qualified individuals with disabilities.

DEFINITION

Section 504 of the Rehabilitation Act of 1973 provides that “No otherwise qualified individual with handicaps in the United States . . . solely by reason of his/her handicap, be excluded from the participation in, be denied the benefits or, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (34 CFR 104.4(a)

Title II of the Americans with Disabilities Act, 1990 provides that “No otherwise qualified individual with a disability shall be discriminated against in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training and other terms, conditions and privileges of employment.” (42 USCA 12112(a)

COORDINATOR (28CFR 35.107)

The NCS Board has designated the following employee to coordinate efforts to comply with and carry out the responsibilities under the Americans with Disabilities Act (ADA) and Section 504, including any investigation of any complaint alleging non-compliance with the Acts or alleging any actions that would be prohibited by the Acts.

Amy Burchette
Supervisor

Newport City Schools
301 College St.
Newport, TN 37821

NOTICE (28 CFR 35.106; 34 CFE 104.8)

The NCS Board shall make available the name, office address and telephone number of the ADA/Section 504 coordinator.

Methods of initial and continuing notification may include the posting of notices, publication in newspapers and student and employee handbooks and distribution of memorandum or other written communications.

COMPLAINT PROCEDURE (28 CFR 35.170;172)

The coordinator will hear ADA/Section 504 complaints. Complaints shall be submitted in writing to the coordinator who will endeavor to accomplish prompt and equitable resolution of complaints alleging any action that would be prohibited by the ADA/Section 504. The coordinator will respond to all complaints within twenty (20) days with a written response as well as information on further grievance procedures that may be followed if the complaining party is not satisfied with the coordinator’s proposed resolution.

DUE PROCESS HEARING PROCEDURES

Section 504 of the Rehabilitation Act of 1973 provides the right to an impartial due process hearing if a parent wishes to contest any action of the school system with regard to a child’s identification, evaluation, and placement under Section 504. (34 CFR 104.36) If a parent/guardian requests a Section 504 hearing, the parent/guardian has the right to personally participate and to be represented at the hearing by an attorney or advocate at the parent’s expense. Contested actions or omissions that are appropriate for a Section 504 hearing should involve identification, evaluation, or placement issues involving a child who has or is believed to have a disability.

Written Request for Hearing

A parent/guardian who wishes to challenge an action or omission with regard to the identification, evaluation, or placement of a student who has or is believed to have a disability as defined by Section 504, shall make a written request for a due process hearing to the Section 504 coordinator. The written request must be made on a form provided through the Central Office.

Impartial Hearing Officer

The Director of Schools or his/her designee shall appoint an impartial hearing officer to preside over the hearing and issue a decision. Such appointment will be made within fifteen (15) days of the date of receipt of a request for a due process hearing. The hearing officer will be hired as an independent contractor at no expense to the parent. The hearing officer that is appointed shall not be a current employee of the school system and shall not be related to any member of the Board of Education. The hearing officer need not be an attorney but shall be familiar with the requirements of Section 504 and the hearing procedures under Section 504. The choice of an impartial hearing officer is final and may not be presented as an issue at the due process hearing since such an issue would not relate to the identification, evaluation, or placement of a disabled child under Section 504. If a parent/guardian disputes the impartiality of the appointed hearing officer, he/she may raise such issue in a review of the hearing officer’s opinion by a court of competent jurisdiction or in a complaint to the Office for Civil Rights.

Office for Civil Rights
U.S. Department of Education

Address:
61 Forsyth St. S.W., Suite 19T10
Atlanta, GA 30303-8927

Telephone:
404-974-9406; TDD: 877-521-2172

Email:
OCR.Atlanta@ed.gov

Scheduling of Hearing

The appointed hearing officer shall set a date for the hearing within fifteen (15) days of his/her appointment and provide this information in writing to the parent/guardian and the Section 504 coordinator. The hearing shall take place at a mutually agreeable time and place.

Continuances

Upon a showing of good cause, the hearing officer, at his/her discretion may grant a continuance of the hearing date and set a new hearing date.

Legal Representation at Hearing

If a parent/guardian is represented by a licensed attorney at the due process hearing, he/she must inform the Section 504 coordinator and the appointed hearing officer of that fact, in writing, at least seven (7) calendar days prior to the hearing date, or the hearing can be continued upon the coordinator’s request. The school system shall not have legal representation at the hearing unless the parent provides notice that he/she will have legal representation.

Pr-Hearing Conference

The hearing officer may order a Pr-Hearing Conference during which the parent/guardian or his/her representative will state and clarify the issues to be addressed at the hearing. The Pr-Hearing Conference will also serve to resolve preliminary matters, clarify jurisdictional issues, and answer the parties’ questions regarding the hearing process. The Pr-Hearing Conference can be held via telephone or in person depending on the hearing officer’s decision based on the convenience to both parties.

Dismissals

If, after the Pr-Hearing Conference, the hearing officer finds that the parent, as a matter of law, alleges and/or raises no factual claims or legal issues that come within his/her jurisdiction as a Section 504 hearing officer, he/she may dismiss the hearing and issue an order to that effect explaining the basis for such finding.

Hearing

The hearing shall be conducted in an informal, non-adversarial manner. The hearing shall be closed to the public unless the parent/guardian requests an open hearing. The hearing officer may reasonable limit testimony and introduction of exhibits for reasons or relevance.

Recording

Instead of a formal written transcript produced by a court reporter, the entire due process hearing will be video recorded. The school system shall provide a copy of the recording to the parent/guardian upon request. In order for an accurate recording to be made, the parties and witnesses shall introduce themselves at the beginning of their presentations. If a parent/guardian appeals the decision of the hearing officer to a court of competent jurisdiction, the school system shall prepare a written transcript of the hearing to be offered to the court as an exhibit.

Witnesses

Witnesses will present their information in narrative form, without the traditional question and answer format of legal proceedings. Cross-examination of witnesses will not be allowed, but a party may request that the hearing officer, at his/her discretion, ask a witness a certain question.

Format of Presentation

Each side will have an equal amount of time to present their positions as determined by the hearing officer. The parent/guardian will present his/her case first by making an opening statement outlining the issues, calling witnesses, and making a closing argument. The school system will present its side next. At the end of the school system’s presentation, the parent/guardian may offer a short response. Each side may present personally or through their representatives.

Submission of Exhibits

As part of their presentations and at the discretion of the hearing officer, the parties may submit any reports, evaluations, correspondence, notes, or any other documents that may support their positions. Exhibits submitted to the hearing officer by either party must be marked. The hearing officer may, in the exercise of his/her discretion, reasonably limit the number of documents to be submitted for his/her review, as well as the number of witnesses and the length and/or scope of their presentations or statements.

Closing Arguments

The hearing officer may allow or request written closing arguments summarizing and characterizing the information presented at the hearing.

Decision

The hearing officer may make an oral ruling at the conclusion of the hearing or take the case under advisement and issue a written opinion. Such decision shall address all of the issues raised by the parent/guardian as well as any corrective actions, if any, the school system must take. Any issue or claim raised by the parent/guardian that is left unaddressed by the hearing officer in his/her decision will be deemed to have been denied. The decision must be issued within forty-five (45) days after the date the Request for a Due Process Hearing is received by the district. The hearing officer may not award attorneys’ fees as a part of the relief granted to a parent/guardian or the district.

Review Procedure/Appeal

If the parent/guardian is not satisfied by the decision of the hearing officer, he/she may seek review of the decision in a court of competent jurisdiction.

Title 1
Compact Grades 4-8

Grades 4-8
School Year 2010-2011 1118(d) of ESEA

Parent-Student-School Compact

Newport Grammar School

The mission of Newport Grammar School, in collaboration with involved, caring parents and community members is to provide a creative, personal, and challenging education; strive to create an environment conducive to optimal achievement and fulfillment for both students and staff; foster life-long interest in learning; inspire all to strive for individual excellence; accept others’ differences; and become a contributing member of a global community. In order to achieve this, the home and school must be willing to recognize and agree upon the responsibilities of each party in the learning process. Newport Grammar School’s staff wishes to work with you, your child, and family in building a partnership to help your child achieve the state’s high standards of education. We believe that high student performance is a shared responsibility for parents, school staff, and students.

School Responsibilities

  • Newport Grammar School will hold parent-teacher conferences twice each school year during which this compact will be discussed as it relates to the individual child’s achievement. Specifically, those conferences will be held in the fall after the first grading period and in the winter after the fourth grading period.

  • Newport Grammar School will provide parents with frequent reports on their child’s progress. Specifically, the school will provide progress reports every three weeks and report cards every six weeks. Teachers may choose to send home progress reports more frequently.

  • Newport Grammar School will provide parents with reasonable access to staff. Specifically, staff will be available for consultation with parents at parent-teacher conferences and by appointment.

  • Newport Grammar School will provide parents opportunities to volunteer and participate in their child’s class, and to observe classroom activities upon consultation and by appointment with child’s teacher.

  • Newport Grammar School will provide high-quality curriculum and instruction in a supportive and effective learning environment that enables the participating children to meet the State’s student academic standards by using a curriculum that is based on state standards, using researched-based teaching methods, and by administering formative assessments to measure the progress of student learning.

Parent Responsibilities

  • We, as parents, will support our children’s learning in the following ways:
  • Monitor attendance
  • Monitor homework progress/completion
  • Monitor television watching at home
  • Participate, as appropriate, in decisions relating to my children’s education
  • Promote positive use of my child’s extracurricular time
  • Stay informed about my child’s education and communicate with the school promptly
  • Serving, to the extent possible, in policy advisory groups
  • Uphold the teacher and school
  • Represent my child, when possible, at school functions
  • Support my child’s learning at home
  • Provide my child with love and understanding

Grades 4-8
School Year 2010-2011 1118(d) of ESEA

Student Responsibilities

  • We, as students, will share the responsibility to improve our academic achievement and achieve the State’s high standards. Specifically, we will:
  • Complete homework every day and ask for help when needed
  • Follow the rules and regulations of the school
  • Be respectful of teachers, administration, and staff
  • Do our best on all assignments
  • Give parents/guardians all notices and information received from school
Compact Grades K-3

Compact grades K-3
Grades K-3 School Year 2010-2011 1118(d) of ESEA

Parent-School Compact

Newport Grammar School

The mission of Newport Grammar School, in collaboration with involved, caring parents and community members is to provide a creative, personal, and challenging education; strive to create an environment conducive to optimal achievement and fulfillment for both students and staff; foster life-long interest in learning; inspire all to strive for individual excellence; accept others’ differences; and become a contributing member of a global community. In order to achieve this, the home and school must be willing to recognize and agree upon the responsibilities of each party in the learning process. Newport Grammar School’s staff wishes to work with you, your child, and family in building a partnership to help your child achieve the state’s high standards of education. We believe that high student performance is a shared responsibility for parents, school staff, and students.

School Responsibilities

  • Newport Grammar School will hold parent-teacher conferences twice each school year during which this compact will be discussed as it relates to the individual child’s achievement. Specifically, those conferences will be held in the fall after the first grading period and in the winter after the fourth grading period.

  • Newport Grammar School will provide parents with frequent reports on their child’s progress. Specifically, the school will provide progress reports every three weeks and report cards every six weeks. Teachers may choose to send home progress reports more frequently.

  • Newport Grammar School will provide parents with reasonable access to staff. Specifically, staff will be available for consultation with parents at parent-teacher conferences and by appointment.

  • Newport Grammar School will provide parents opportunities to volunteer and participate in their child’s class, and to observe classroom activities upon consultation and by appointment with child’s teacher.

  • Newport Grammar School will provide high-quality curriculum and instruction in a supportive and effective learning environment that enables the participating children to meet the State’s student academic standards by using a curriculum that is based on state standards, using researched-based teaching methods, and by administering formative assessments to measure the progress of student learning.

Parent Responsibilities

We, as parents, will support our children’s learning in the following ways:

  • Monitor attendance
  • Monitor homework progress/completion
  • Monitor television watching at home
  • Participate, as appropriate, in decisions relating to my children’s education
  • Promote positive use of my child’s extracurricular time
  • Stay informed about my child’s education and communicate with the school promptly
  • Serving, to the extent possible, in policy advisory groups
  • Uphold the teacher and school
  • Represent my child, when possible, at school functions
  • Support my child’s learning at home
  • Provide my child with love and understanding.