Section 504 of the Rehabilitation Act of 1973 (Section 504), as amended, is designed to eliminate discrimination based on disability in any program or activity receiving federal financial assistance. This act requires that no qualified student who demonstrates a physical or mental impairment that substantially limits one (or more) major life activity (e.g., self-care, performing manual tasks, walking, seeing, hearing, speaking, breathing, working, learning, eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, operation of a major bodily function, and communicating) shall be excluded from participation in, be denied the benefit of, or be subject to discrimination in any program or activity offered by Fairfax County Public Schools (FCPS).  An impairment that is episodic or in remission is a disability if it substantially limits a major life activity when active.

The determination of a limitation to one or more major life activities must be made without regard to any ameliorative effects of mitigating measures (e.g., medication, medical supplies, equipment, low-vision devices, prosthetics, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies).

FCPS shall offer a free appropriate public education (FAPE) to each qualified student with a disability.  Services provided to qualified students are not required to produce identical results or level of achievement with nondisabled peers.  Services must be designed to offer an equal opportunity to gain the same benefit within the most integrated setting appropriate.

A student who is not disabled, but has a record of, or is regarded as, having a disability under Section 504 is protected from discrimination based on disability insofar as an alleged discriminatory action based on that history or perception. The fact that a student has a “record of” or is “regarded as” having an impairment is insufficient by itself to require accommodations.

FCPS School Board Regulation 1454 designates procedures for the implementation of Section 504 in FCPS.

Section 504 is designed to eliminate discrimination against any student with a disability in any program offered by the school division.

Who Is Covered:

• Any student who has, has a record of, or is regarded as having, a physical or mental impairment that substantially limits one (or more) major life activity.

What Is Required:

• Qualifying students must have an opportunity to access all activities and programs, and cannot be denied participation because of their disability.
• Qualifying students with a disability must be offered a free appropriate public education (FAPE). FAPE is the provision of accommodations, adaptations, modifications, and/or services that provides the student equal opportunity to participate.
• Each school must provide equal opportunities to students under Section 504 to obtain the same result, to gain the same benefits, or to reach the same level of achievement. However, this does not mean that the student WILL obtain the same result, gain the same benefit, or reach the same level of achievement.
• Transfers: If a student who is qualified with a disability under Section 504 transfers into FCPS from a non-FCPS school, the 504 school-based coordinator (SBC) must complete a 504 transfer process for the student, as soon as practicable but no later than five school days following enrollment and/or first day of attendance. The 504 transfer document shall be implemented until a knowledgeable committee at the receiving school convenes and develops an FCPS 504 Plan within 30 calendar days of the student’s enrollment.

Qualifying Factors:

• The local screening committee (LSC) determines initial Section 504 qualification. Written parent consent is required for all initial 504 evaluations and for any formal assessments.
• The LSC must identify the presence of a physical or mental impairment and the major life activity limited by the impairment.
• The knowledgeable committee conducts reevaluations of a student’s Section 504 qualification, to occur at least once every three years or more frequently as circumstances warrant.
• Current illegal use of drugs or alcohol is not an impairment protected under Section 504.

The Plan:

• A knowledgeable committee composed minimally of the principal or designee and a teacher of the student develops the 504 Plan for qualified students.
• The parent is invited, but does not have to attend or approve of the Plan.
• The 504 Plan should reflect the unique needs of the student and relate directly to the impairment. Only the accommodations, modifications, and/or services necessary for the student to have an equal opportunity to access programs and activities should be included.
• The knowledgeable committee must meet at least once a year to review the 504 Plan, and update as appropriate.
• The knowledgeable committee determines if the student no longer qualifies as a student with a disability under Section 504.

 
Disciplinary Protections:

• The knowledgeable committee must conduct a causality hearing following a decision to remove a student from school for more than ten days in a school year.
• If there is no causal relationship between the disabilitiy and the behavior resulting in disciplinary action, the student may be disciplined in the same manner as a nondisabled student, including cessation of educational services.
• Causality determination is not required if the student is engaging in the illegal use of drugs or alcohol, and is being disciplined for the use or possession of illegal drugs or alcohol.

Procedural Safeguards:

• Parents and qualified students are entitled to certain procedural safeguards.
• Inquiries may be directed to Due Process and Eligibility (571-423-4470)) or the Section 504 Specialist (571-423-1304).

A brief overview of the differences.

When there is reason to suspect that a general education student has a disability and is in need of accommodations, modifications, and/or services in order to access the programs and activities offered by FCPS, a referral shall be made to the local screening committee (LSC) for review.

Referrals can be made either orally or in writing; both types of referrals are documented on a Multipurpose Referral form (SS/SE-5). If parents make an oral referral, they should be asked if they want to complete the Multipurpose Referral form or the principal or designee shall complete it on their behalf.

If parents make a referral to a teacher, they should be directed to the principal or designee selected to receive referrals. Whether provided orally or in writing, the date the referral is received must be noted on the Multipurpose Referral form.  Page two of the the Multipurpose Referral form (SS/SE-5A) must be completed by the student’s classroom teacher, or other appropriate school staff member if the student has more than one teacher.

The LSC must convene within ten business days following the receipt of a referral. The date the referral was received and the date on which the LSC convened are recorded on the Student Audit Trail (SS/SE-8).

For all referrals, the LSC must consist of the following members, at a minimum:

• Principal or designee
• School psychologist
• Special education teacher
• General education teacher
• Referral source, except if inclusion of the referral source would breach the confidentiality of the student

The parents must be invited to the LSC meeting orally and in writing by way of a Notice of Local Screening Meeting (SS/SE-83).  This notice letter should be accompanied by the following documents:  Virginia Special Education Procedural Safeguards Requirements (SS/SE-4), Section 504 of the Rehabilitation Act of 1973 Procedural Safeguards (SS/SE-92), and the Parent Information form (SS/SE-127).  Schools are advised to contact the parents by telephone or in person to explain the local screening process prior to the provision of these documents.  The parents must be notified of the meeting early enough to ensure they have an opportunity to participate; however, the meeting must be held within ten business days of the referral date.  If parents cannot attend the meeting, school staff members should consider alternative ways for the parents to participate (e.g., conference call).

During the LSC meeting, the committee shall review information from a variety of sources. The information reviewed should pertain to the student’s functioning in the school environment and should include, as available, the referral; educational records such as aptitude and achievement tests, report cards, and/or teacher recommendations; oral or written observations; evaluations of adaptive behavior; social and cultural background; medical, psychological, and/or other specialty reports; and parent information.  Following this review, the LSC may do the following:

• Determine that an evaluation for special education services under the Individuals with Disabilities Education Act (IDEA) is not warranted at this time.
• Refer the student to another resource such as child study team (CST), teacher assistance team (TAT), multi-tiered systems of support (MTSS) team, professional learning community-response team (PLC-RT), etc.
• Determine that there is a need for an evaluation for special education services under IDEA.
• Determine that there is a need for an evaluation for qualification under Section 504.
• Determine whether the student qualifies as disabled under Section 504.

If, upon review of the Multipurpose Referral form and available information, the LSC determines that there is insufficient evidence to suspect that a disability warrants an evaluation for special education under IDEA, but suspects a disability under Section 504, the LSC will complete a Notice Not to Evaluate (SS/SE-13) to indicate the decision not to evaluate for special education eligibility.  The Local Screening Committee Report (SS/SE-14) will reflect “Do not conduct evaluation” and “Pursue the following action” with a notation that the LSC will pursue a Section 504 evaluation.

In some cases, the LSC may determine that while a special education evaluation is warranted, there may be sufficient existing information to consider whether the student would qualify with a disability under Section 504.  In these cases, the Local Screening Committee Report will reflect that the committee chose to “Conduct Evaluation” [for special education], and the committee will determine recommended assessments for special education.  The LSC will then indicate on the Local Screening Committee Report that it will move forward to consider initial Section 504 qualification.

If the LSC chooses to reconvene at a later date to hold the 504 initial qualification determination meeting, a Notice of Section 504 Meeting (SS/SE-281) will be completed and sent to the parent and/or guardian (and student, if appropriate) along with a copy of the Section 504 of the Rehabilitation Act of 1973 Procedural Safeguards (SS/SE-92).

The LSC shall complete a Section 504 Qualification form (SS/SE-85) for students suspected of having a disability under Section 504.  The Section 504 Qualification form has two pages:  page one includes data review and evaluation, and page two includes the qualification criteria (504 eligibility).

Page one of the Section 504 Qualification form must document the following:

• Demographic information
• Names and titles of knowledgeable committee members
• Presenting problem
• Data review (sources of evaluation and current information considered)
• Evaluation (considering the need for additional data in order to determine 504 qualification)
• If additional data is needed, the knowledgeable committee will recommend required assessments. 
• Parental consent (required for all initial 504 evaluations as well as any formal assessments)
  
  In order to move forward to consideration of an initial 504 qualification, written parent consent must be provided for the evaluation (whether or not formal assessments are required).  If the parent refuses to give consent to a 504 evaluation, the committee will not move forward to page two of the form and will not make a decision regarding Section 504 qualification.
  
  If formal assessments are recommended and parental consent is provided, the meeting will adjourn and members will reconvene within 65 business days of the referral to allow time for the completion of assessments.  Please note that all assessments must be completed within 65 business days of the LSC referral date.
  
  In the event that there is sufficient data to utilize for an evaluation, and the parent has given consent for an initial 504 evaluation, the knowledgeable committee may immediately move forward to 504 qualification consideration.

Page two of the Section 504 Qualification form must document the following:

• Identification of the physical and/or mental impairment(s)
  • “Physical or mental impairment” means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems:  neurological; musculoskeletal; special sense organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine, or any mental or psychological disorder such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disability
• The major life activity (or activities) limited by the impairment(s)
  • “Major life activity” includes, but is not limited to, caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating.
  • A major life activity also includes the operation of a major bodily function, including, but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
  • An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability.
• Description of the limitation of the student’s impairment on the identified major life activity (or activities)
  • An impairment that is episodic or in remission is a disability if it substantially limits a major life activity when active.
  • Individuals being considered for qualification under Section 504 should not be disqualified solely because they manage their own adaptive strategies or receive accommodations (including informal or undocumented ones) that have reduced or eliminated the effects of a physical or mental impairment.
  • The determination of limitation to one or more major life activity must be made without regard for any ameliorative effects of mitigating measures that include, but are not limited to, a student health care plan (HCP), medication, medical supplies, equipment, low-vision devices¹ , prosthetics, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, oxygen therapy equipment and supplies, assistive technology, accommodations, auxiliary aids or services; or learned behavioral or adaptive neurological modifications.
• The LSC’s determination of Section 504 qualification
• A list of the LSC members participating in the determination
  The parent(s) and/or guardian (and student, if appropriate) should also be included in this list if they are present at the meeting.  All participants should provide their signature next to their printed name and role or title.  It should be explained that parent consent for qualification is not required and the signatures only indicate participation. In the event that the meeting was held virtually (online), participation signatures will not be required.
  
  [Please also note that the Office for Civil Rights (OCR) has stated that school divisions are not required to obtain extensive documentation to identify that students with the following impairments are qualified under Section 504 and the ADA:  diabetes, epilepsy, bipolar disorder, and autism (Dear Colleague Letter, 58 IDELR 79 (OCR 2012).]

A copy of the Section 504 Qualification form (SS/SE-85), along with the Local Screening Committee Report (SS/SE-14) and the Section 504 of the Rehabilitation Act of 1973 Procedural Safeguards (SS/SE-92), shall be provided to the parent.  (Please also note that in the online platform [“SEA-STARS”], the 504 process documents for a first-time 504 qualification are obtained by selecting the “504 Initial Qualification” process in the dropdown menu.)

_{1 Note – Low-vision devices do not include ordinary eyeglasses or contact lenses. The ameliorative effects of ordinary eyeglasses or contact lenses may be considered in determining whether the impairment substantially limits a major life activity. Ordinary eyeglasses are those that are intended to fully correct visual acuity or eliminate refractive error, and low-vision devices are those that magnify, enhance, or otherwise augment a visual image.}

The knowledgeable committee shall conduct a reevaluation of each student’s qualification as a student with a disability under Section 504:

• Every three years
• More frequently, as necessary

The date of the student’s initial or most-recent reevaluation of Section 504 qualification is documented on the 504 Plan.  The reevaluation date is then calculated by adding three years to the initial or most-recent reevaluation review date.  Prior to the reevaluation review date, information should be collected from teachers and other school staff members who work with the student for review at the reevaluation meeting.  The Teacher Narrative form (SS/SE-22) should be used to assist in data collection, along with a review of additional, relevant information

The knowledgeable committee shall convene a reevaluation meeting with the purpose of reviewing evaluation information and determining if the student continues to qualify as a student with a disability under Section 504.  The Section 504 Qualification form (SS/SE-85) is used to guide the committee’s review and determination.  (Note:  In the SEA-STARS system, documentation specific to the reevaluation process is utilized.  The 504 reevaluation documents may be accessed via the 504 tab, “Make Decision” button.)  If existing data is sufficient to use for purposes of considering continued Section 504 eligibility, no parental consent is required for the reevaluation.  However, if additional individual assessments are needed in order to determine if the student continues to qualify, written parent consent for formal assessments is required.  Upon completion of assessments, the knowledgeable committee will reconvene and consider continued qualification under Section 504 (no more than 65 days following the referral).

If the student qualifies as a student with a disability under Section 504, a committee of knowledgeable people shall develop a 504 Plan within 30 calendar days following the initial qualification. Typically, the knowledgeable committee is made up of staff members who work directly with, or supervise, the student in the educational setting. The 504 Plan is a statement of the required accommodations, modifications, and/or services that FCPS will provide to a student.

The knowledgeable committee must include the following people:

• Principal or designee
• Teacher(s) who are, or will be, working with the student

(Whenever possible, the committee should include those persons who will be responsible for implementing the proposed accommodations, modifications, and/or services.)
Other committee members such as the school psychologist, public health nurse, school social worker, school counselor, and/or related service provider may be included as appropriate to the needs of the student.

Parents and/or guardians must be invited to the Section 504 meeting.  In addition, schools should, whenever possible, work with the student to solicit his or her feedback regarding 504 Plan supports, and invite the student to participate in the meeting as appropriate.

Use the Notice of Section 504 Meeting (SS/SE-281) to invite the parent(s) and/or guardian to the meeting.  A copy of the Section 504 of the Rehabilitation Act of 1973 Procedural Safeguards (“504 Procedural Safeguards”) (SS/SE-92) must be sent with the notice, along with a copy of the 504 Plan Meeting Agenda (SS/SE-339).  The meeting notice, procedural safeguards, and agenda should be sent to the parents no less than 3 days in advance of the meeting, to allow the parents adequate time to review and prepare for the meeting.

During the 504 Plan meeting, the knowledgeable committee reviews the specific needs of the student in the educational setting and completes a 504 Plan form (SS/SE-86), using the 504 Plan Meeting Agenda to help ensure that the committee is addressing all of the student’s pertinent disability-related needs.  The 504 Plan includes accommodations, modifications, and/or services, including medication administration, necessary to provide the student an equal opportunity to access programs and activities and to demonstrate achievement.  The accommodations, modifications, and/or services shall do the following:

• Reflect the unique needs of the student.
• Relate directly to the area of impairment.
• Address only what is necessary to ensure that the student has the opportunity to access programs and activities provided by the school system.
• Be specific enough in description to clearly indicate when and where the accommodations, modifications, and/or services will be provided during the school day and during school- related and/or sponsored activities.

The focus is on what is necessary for the student as a result of the limitation of his or her impairment on one or more major life activity.

The knowledgeable committee shall determine whether the student who qualifies as a student  with a disability under Section 504 requires classroom testing accommodations and whether those accommodations or modifications should be provided for any state and/or district-wide assessments. These decisions shall be recorded on the appropriate 504 Plan Accommodations
form (SS/SE-86A, 86B, or 86D). 

If the knowledgeable committee considers the read aloud (for the English:  Reading Standards of Learning [SOL] assessment) or calculator accommodations, the committee must use the Read Aloud or Audio Accommodation Criteria Form (SS/SE-274) and/or the 504 Plan Calculator Criteria Form (SS/SE-272) to determine whether the student meets the criteria to utilize the specific accommodation on the SOL tests.

In addition, discussions by a knowledgeable committee regarding the option to pursue credit accommodations can begin at any point after the student’s 8th grade year.  Committees shall use the Credit Accommodation Eligibility Form (SS/SE-353) to document their decision-making.

Federal law requires an annual English Language Proficiency (ELP) assessment to be administered to all students identified as English Learners (ELs) in grades K-12 ELP levels 1-5 and 9. ELs whose parent(s) and/or guardians have refused English for Speakers of Other Languages (ESOL) services are still required by federal law to participate in the annual assessment. The WIDA ACCESS for ELLs (English-language learners) and certain alternate tests are approved by the Virginia Department of Education (VDOE) to meet this requirement.  For those ELs who also have a documented disability, IEP/504 Plan committees must work collaboratively with ESOL staff, utilizing the WIDA ACCESS for ELLs Accommodations Selections form (RF 7).

If the knowledgeable committee determines that there is currently no specific impairment-related limitation that requires accommodations, modifications, and/or services, this should be noted on the 504 Plan.  This decision shall be reviewed by the knowledgeable committee on an annual basis (or more frequently, as needed), and the determination shall be noted on a current 504 Plan document (SS/SE-86). (Please note that in SEA-STARS, the 504 process documents for 504 Plans are obtained by selecting the “504 Plan” process in the dropdown menu.)

A copy of the 504 Plan shall be provided to the parent and/or guardian following its completion.  Parental consent is not required prior to the implementation of a 504 Plan for a student. The principal is responsible for adherence to the overall procedures and implementation of a 504 Plan.  Each individual working with or supervising the student shall be provided access to the 504 Plan and will comply with the applicable components.  The 504 Plan remains in effect as specified until either a new 504 Plan is developed, at least annually, or the knowledgeable committee determines through reevaluation that the student no longer qualifies as a student with a disability under Section 504.

The principal or designee (generally, this is the 504 school-based coordinator [SBC]), is responsible for ensuring that 504 Plans are reviewed at least annually or more frequently as conditions warrant.  504 case managers are responsible for planning and facilitating these meetings.  The purpose of this review is to determine the appropriateness of the Plan and to make any needed modifications.  The participants in 504 Plan meetings should be those individuals relevant to the discussion of the student’s accommodations, modifications, and/or services.  At minimum, the committee must consist of at least one of the student’s teachers and a principal or designee.  Use the Notice of Section 504 Meeting (SS/SE-281) to invite the parent and/or guardian to the meeting.  A separate SS/SE-281 may be used to invite the student, as well.  A copy of the Section 504 of the Rehabilitation Act of 1973 Procedural Safeguards (“504 Procedural Safeguards”) must be sent with the notice, along with a copy of the 504 Plan Meeting Agenda (SS/SE-339).   

The knowledgeable committee shall convene for a Section 504 Causality Hearing to assess whether the behavior requiring disciplinary action was caused by or directly related to a qualified student’s disability when the following is true:

• A decision is made to remove a Section 504-qualified student from school for more than ten consecutive school days in a school year.
• The Section 504-qualified student is subjected to a series of removals during a school year that will accumulate to more than ten school days.

Parent(s) and/or guardians should be notified with sufficient time to allow them the opportunity to attend, participate, and provide input at the Section 504 causality hearing.  The school shall use the Parent Notice of Section 504 Causality Hearing (SS/SE-220A) to notify the parent(s) and/or guardian of the meeting.  A copy of the 504 Procedural Safeguards (SS/SE-92) shall be included with the meeting notification letter.  The knowledgeable committee shall complete a Section 504 Causality Hearing form (SS/SE-220) and forward it to the Superintendent’s hearing officer when there is a recommendation for expulsion or exclusion.  The following scenarios apply:

• If a student is qualified under Section 504, and the committee determines that the student’s conduct was caused by or had a direct and substantial relationship to the child’s disability, and/or the student’s conduct was a direct result of the school division’s failure to implement the 504 Plan, then the determination is that the conduct is a manifestation of the student’s disability.  The student may not be disciplined in the same manner as a nondisabled student.  The committee shall determine whether the student’s educational program should be modified.
• If a student is qualified under Section 504, and it is determined that the student’s conduct is not a manifestation of the student’s disability, the student may be disciplined in the same manner as a nondisabled student, including the cessation of services.
• If a student qualified under Section 504 is receiving disciplinary action based on the illegal use and/or possession of illegal drugs or alcohol, and the individual is currently engaging in the illegal use of drugs or alcohol, a committee of knowledgeable persons is not required to convene, reevaluate the student, or determine whether there is a direct and substantial relationship between the behavior and the disability.

When a student transfers into an FCPS school and/or program with a 504 eligibility and/or Plan, the 504 school based coordinator (SBC) must complete a 504 transfer process for the student, as soon as practicable, but no later than five school days following enrollment and/or first day of attendance.  (In SEA-STARS, the 504 Transfer document is obtained from the 504 Process menu.)  The receiving school is required to implement the existing 504 Plan, as documented within the 504 transfer document, until the knowledgeable committee convenes to review the student’s needs and develops an FCPS 504 Plan within 30 calendar days of the student’s enrollment. 

For more information on Section 504 forms or related documents please contact the Section 504 School Based Coordinator (SBC) at your school.   

• 504 Plan Calculator Criteria Form (SS/SE-272)
• 504 Plan Meeting Agenda (SS/SE-339)
• 504 Plan Read Aloud or Audio Accommodation Form (SS/SE-274)
• 504 Plan (Testing) Accommodations:
  • Elementary Accommodations (SS/SE-86A)
  • Middle School Accommodations (SS/SE-86B)
  • High School Accommodations (SS/SE-86D)
• Consent to Exchange Confidential Student Information (SS/SE-79A)
• Credit Accommodation Eligibility Form (SS/SE-353)
• Local Screening Committee Report (SS/SE-14)
• Multipurpose Referral (SS/SE-5, 5A)
• Notice of Local Screening Meeting (SS/SE-83)
• Notice Not to Evaluate (SS/SE-13)
• Parent Guardian Input (SS/SE-127) 
• Parent Notice of Section 504 Causality Hearing (SS/SE-220A)
• Section 504 Causality Hearing (SS/SE-220)
• Section 504:  Parent Consent for Individualized Assessment (SS/SE-86G)
• Section 504 Plan Credit Accommodations Eligibility Form (SS/SE-86H)
• Section 504 Qualification (SS/SE-85)
• Section 504 Transfer Student Documentation (SS/SE-86T)
• Special Permission Locally Awarded Verified Credit Accommodation (SPLAVC-A) Criteria Form (SS/SE-348)
• Student Audit Trail (SS/SE-8)
• Student Observation (SS/SE-23)
• Teacher Narrative (SS/SE-22)
• Virginia Special Education Procedural Safeguards Requirement (SS/SE-4)

• The Section 504 Regulations (34 C.F.R. Part 104)
• United States Department of Justice Civil Rights Division: Information and Technical Assistance on the Americans with Disabilities Act 
• United States Department of Education: Frequently Asked Questions About Section 504 and the Education of Children with Disabilities 
• Parent Resource Center workshop on February 9, 2018 - Section 504: What Parents Need to Know
• Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools

Requests for an impartial hearing shall be made in writing and delivered to the coordinator of Due Process and Eligibility.  The request shall include the name of the student, the address of the residence of the student (or available contact information in the case of a homeless student), the name of the school the student is attending, a description of the nature of the problem with supporting facts, and a proposed resolution of the problem.

If the request does not include all of the required information, it may be returned to the parents within five business days of receipt by the coordinator with a request to provide the missing information within five additional business days.  The remaining procedures will not proceed until the additional information is received from the parents.

A hearing may only be requested within one year of the date the parents knew, or should have known, about the alleged actions or facts that form the basis of the complaint.

FCPS will provide a written response to the request for hearing.  The response will be delivered to both the parents and the hearing officer within 10 business days of receipt of a request for a hearing that includes all of the required information.  If FCPS requests an impartial hearing, parents will have the same option to respond.

Assistance will be provided to persons who may need it in order to comply with the requirements to file a written request for an impartial hearing.

An impartial hearing officer will be appointed by the coordinator of Due Process and Eligibility from the list of special education due process hearing officers maintained by the Office of the Executive Secretary of the Supreme Court of Virginia.  The coordinator will contact the Office of the Executive Secretary to request the name of a hearing officer within five business days of receipt of a request for a hearing that includes all of the required information for filing a request for a hearing and will follow up as necessary until a hearing officer is appointed.

Prior to the hearing, the hearing officer shall do the following:

• Convene a prehearing conference with the parties, unless the hearing officer determines such a conference is unnecessary.
• Identify the specific issues to be addressed during the hearing based on the request for hearing and any response provided by the other party.
• Schedule a hearing date and location with input from the parties and notify the parties in writing of such information.
• Ascertain whether the parties will be represented by counsel.
• Ascertain from the parents whether the hearing will be open or closed.
• Ensure that the hearing will be accurately recorded by a court reporter who is paid for his/her attendance by the school system.
• Have the authority to require that the student be evaluated.
• Require the parties to exchange a list of witnesses and any documents to be presented during the hearing at least five business days in advance of the hearing unless otherwise permitted by the hearing officer for good cause shown, with a copy provided to the hearing officer as well.