- Parent/Student Rights
- District Coordinator's Schedule
- Initial Evaluation Request
- Re-Evaluation Request
- Move-In Evaluation Request
- Review Meeting Request
- Elementary School Level Designated Persons
- Middle School Designated Persons
- High School Designated Persons
- Terms Defined
Section 504 of the Rehabilitation Act of 1973 (Act) is administrated by the Department of Education and enforced by the Office for Civil Rights (OCR). The regulation governing Section 504 is found at 34 C.F.R. Part 104.
Section 504 expressly states that no qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives Federal financial assistance.1 As TSC receives Federal financial assistance, TSC must comply with Section 504.
To be protected under Section 504, a student must be a qualified disabled person. A disabled person means any person who has a physical or mental impairment which substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.2 A student is qualified if he or she is of an age during which non-disabiled persons are provided educational services, of any age during which it is mandatory under state law to provide such services to disabled persons, or to whom a state is required to provide a free appropriate public education under IDEA.3
While a qualified disabled student is protected from discrimination, the student is not automatically eligible for services under a Section 504 Plan. A qualified disabled student is eligible to receive special education, related services, or modifications to regular education (this includes policies, procedures, or practices) under a Section 504 Plan if the Section 504 Team determines the student actually has a disability AND the student, because of the disability, requires such services to receive an appropriate education.4 A student who has a record of an impairment or is regarded as having an impairment does not currently/actually have a disability, and therefore he or she is not eligible to receive services under a Section 504 Plan.5
If you have questions related to your student’s eligibility under a Section 504 Plan, or concerns related to your students current Section 504 Plan, please contact your student's school's Designed Person or the District Coordinator.
5 U.S. Department of Education, Office of Civil Rights, Protecting Students with Disabilities: Frequently Asked Question About Section 504 and the Education of Children with Disabilities (April 24, 2018), Question 36.
The purpose of this Notice is to articulate the rights assured under Section 504. Students are entitled to the following rights and procedural safeguards.
- Your child has the right to an appropriate education designed to meet his or her individual educational needs as adequately as the needs of non-disabled student are met—34 C.F.R § 104.33.
- Your child has the right to free educational services except for those fees that are imposed on non-disabled students or their parents. Insurers and similar third parties are not relieved from an otherwise valid obligation to provide or pay for services provided to a disabled student—34 C.F.R. § 104.33.
- Your child has a right to placement in the least restrictive environment—34 C.F.R. § 104.34.
- Your child has a right to facilities, services, and activities that are comparable to those provided to non-disabled students—34 C.F.R § 104.34.
- Your child has a right to an evaluation prior to an initial Section 504 placement and any subsequent significant change in placement—34 C.F.R § 104.35.
- Testing and other evaluations procedures must conform with the requirement of 34 C.F.R § 104.35 as to validation, administration, areas of evaluation, etc. The district shall consider information from a variety of sources, including aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, adaptive behavior, physical or medical reports, student grades, progress reports, parent observations, anecdotal reports, and assessment scores—34 C.F.R § 104.35
- Placement decisions must be made by a group of persons, including persons knowledgeable of your child, the meaning of the evaluation data, the placement options, and the legal requirements for least restrictive environment and comparable facilities—34 C.F.R § 104.35
- If eligible under Section 504, your child has a right to periodic re-evaluations—34 C.F.R § 104.35.
- You have the right to notice prior to any action by the district in regard to the identification, evaluation, or placement of your child—34 C.F.R § 104.36.
- You have the right to examine relevant records—34 C.F.R § 104.36.
- You have the right to an impartial hearing with respect to the district’s actions regarding your child’s identification, evaluation, or educational placement, with opportunity for parent participation in the hearing and representation by an attorney—34 C.F.R § 104.36.
- If you wish to challenge the actions of the district’s Section 504 Team in regard to your child’s identification, evaluation, or educational placement, you should file a written request for a due process hearing with the Coordinator.
- If you disagree with the decision of the impartial hearing officer, you have a right to a review of that decision— 34 C.F.R § 104.36.
- You also have a right to file a complaint with the Office of Civil Rights. The address of the Regional Office, which covers Indiana, is:
U.S. Department of Education
Office of Civil Rights
Midwestern Division, Chicago Office
500 West Madison Street, Suite 1475
Chicago, IL 60661
As a general rule, the coordinator will schedule 504 meetings as noted below. However, this may change depending on stakeholder needs. If you have any questions, please contact the District Coordinator.
TSC must evaluate any student who, because of a disability, needs or is believed to need a 504 Plan.
This section is designed to help stakeholders decide whether a request for initial evaluation is appropriate for a student. Click on each question below, answer the question, and then follow the instructions given based on your answer. If you have questions or require assistance with answering the questions, please contact the student's school's Designated Person. When in doubt as to whether an initial evaluation should be requested, go ahead and make the request.
Note: If a student has been referred for evaluation or is currently under evaluation for special education services (i.e., an IEP), please do not submit a request for an initial evaluation under Section 504 until the special education evaluation has been refused or the student is determined not eligible for special education services.
- Does the student have a diagnosis (e.g., ADHD, Anxiety, Diabetes, Depression, etc.)?
- Do you believe/suspect the student has a mental or physical impairment (e.g., difficulty focusing, chronic behavior problems, excessing abscenses, etc.)?
- Do you believe/suspect the impairment substantially limits one or more major life activities (this includes, but is not limited to, e.g., thinking, learning, concentrating, seeing, reading, sleeping, body function, etc)?
- Do you believe/suspect the student requires a 504 Plan because of the impairment (i.e., do you believe/suspect the student requires related services, accommodations, and/or modifications to policy)?
The high school Designed Person is the student's assigned counselor. Please see below to determine which Designated Person is responsible for your student.
Jennifer Doup Smith
- Disability: A mental or physical impairment which substantially limits one or more major life activities.
- Major Life Activity: Functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
- Physical or Mental Impairment: Any physiological disorder/condition, cosmetic disfigurement, anatomical loss affecting one or more body systems, or mental/psychological disorder.
- Record of Impairment: A history of, or has been misclassified as having, a mental or physical impairment which substantially limits one or more major life activities.
- Regarded as having an Impairment: A person who has a physical or mental impairment which does not substantially limit major life activities but which is treated by the school as constituting such a limitation; has a physical or mental impairment which substantially limits major life activities only as a result of the attitudes of others toward such impairment; or does not have a physical or mental impairment but is treated by the school as having such an impairment.
- Section 504 Plan: A written plan describing the special education, related services, accommodations, and modifications to policy necessary to meet the disabled student's needs as adequately as his or her non-disabled peer's needs are met.