TSC is required to annually locate and identify every qualified disabled student residing within the school district who is not receiving a public education.⁶ TSC is further required to take action to notify disabled students and their parents of TSC’s duty under Section 504.⁷

1. TSC meets this requirement through/by:
   1. Educators and staff members identifying and referring all students they know or suspect have a disability and who they know or believe need, because of the disability, special education, related services, or modifications to regular education, including policies, practices, or procedures.
   2. Reviewing all referrals from appropriate persons not employed by TSC for any student having or suspected of having a disability and who needs or is believed to need, because of the disability, special education, related services, or modifications to regular education, including policies, practices, or procedures. This includes, but is not limited to, parents, medical personnel, and community agencies.
   3. Providing notice of TSC’s duties under Section 504 through electronic media. This includes posting this document and related Section 504 materials on the TSP public website.

1. TSC must evaluate any student who has or is suspected of having a disability and who needs or is believed to need, because of the disability, special education, related services, or modifications to regular education, including policies, practices, or procedures, even if the student only exhibits behavioral difficulties. This must be completed in a timely manner.⁸ It is improper to delay an evaluation to first implement interventions (e.g., RtI).9
2. Referrals may be initiated by administrators, teachers, staff members, parents, medical personnel, and community agencies.
3. Administrators, teachers, and staff are required to refer to the Coordinator any student known to have or suspected of having a disability and who needs or is believed to need, because of the disability, special education, related services, or modifications to regular education, including policies, practices, or procedures.
4. Examples of when a student should be referred include, but are not limited to, the following:
   1. A student enrolls in TSC with a Section 504 Plan from another school district.
   2. A student has a medical diagnosis (e.g., ADHD).
   3. A student has a chronic health condition (e.g., diabetes, wheel chair bound, etc.).
   4. A student returns to school following an extended absence due to chronic illness or injury.
   5. A student demonstrates or has a record of chronic academic and/or behavior problems.
   6. When a parent indicates he or she believes his or her child has a disability.
   7. When a student has been referred under IDEA (i.e., to GLASS) and a determination is made that an evaluation under IDEA is not appropriate or when an evaluation under IDEA is conducted, and the student is found not eligible.
5. Health Plan. Any student requiring a student health plan MUST be referred for evaluation under Section 504 unless the student has already been determined eligible for special education services under IDEA. The student health plan process may be insufficient to meet the evaluation, placement, and procedural safeguards required under Section 504.¹⁰

1. Transfer Students. If a student transfers to TSC from another school district with an active Section 504 Plan, the following procedures will be followed:
   1. The student’s counselor/administrator will initiate a Section 504 referral and request that an expedited meeting be scheduled.
   2. A 504 plan will be implemented once the 504 team meets, reviews the previous school’s 504 plan, reviews eligibility, and develops an appropriate TSC plan.¹¹
2. Making a Referral.
   1. All persons making a referral must do so using the online referral form.
      1. Note: TSC staff will make a referral to the student’s counselor (Middles/High Schools) or administrator (Elementary Schools). The counselor or administrator will complete the online referral form.
   2. If a referring person does not have access to (i.e., non-TSC persons without internet access) or is prohibited from using the online referral form, a written referral must be made to the student’s counselor or school administrator. The counselor or administrator will complete the online referral form.
3. Referral Review.
   1. The Coordinator will review the referral in a timely manner.
      1. If the Coordinator is uncertain whether an evaluation under IDEA is more appropriate, the coordinator will refer, through the local school, the student for evaluation under IDEA. The Section 504 referral should not proceed until the IDEA referral has been considered by G.L.A.S.S.
      2. If a student is referred for a Section 504 evaluation while being evaluated under IDEA, the referral will be held in abeyance until the IDEA evaluation is completed. The Section 504 referral process will only resume if the students is found ineligible under IDEA. The student’s counselor or administrator will notify the Coordinator once the IDEA evaluation is complete.
      3. If the Coordinator determines an evaluation is appropriate, an evaluation plan will be develop and conducted at no cost to the parent. This may include, but is not limited to, the following:¹²
         1. Review of existing medical records.
            1. The Coordinator will email or mail the Treatment Provider Questionnaire to the parent. The evaluation will not be delayed if the parent elects not to have the questionnaire completed and returned to the Coordinator.¹³
            2. If the team determines a medical evaluation is necessary, the medical evaluation must be conducted at no cost to the parent.
            3. The parent may present, and the team must include for review, all medical documentation provided by the parent even if not specifically included in the evaluation plan.
         2. Review of report cards.
         3. Review of achievement test scores.
         4. Review of standardized test scores.
         5. Individual achievement testing (e.g., by the teacher, counselor, school psychologist, etc.).
         6. Classroom observations conducted by counselors or other school professionals.
         7. Vision/hearing screenings.
         8. Review of developmental history.
         9. Review of parent observations (e.g., parent rating forms).
         10. Review of existing psycho-educational evaluations.
         11. Review of teacher observation forms.
         12. Conduct Behavior Screenings (e.g., ADHD).
      4. If the Coordinator determines an evaluation is not appropriate or should be delayed, the Coordinator will provide the parent with a timely written notice that includes an explanation of the decision. The Coordinator will include a Notice of Parent Rights and Procedural Safeguards.

1. Evaluation Consent.
   1. Notice. The following document will be signed by the parent.
      1. Consent to Evaluate Form. The Coordinator will have the parent sign this form before the start of the evaluation meeting or prior to completing new assessments. The form will include a description of what information will be reviewed during the meeting and the Parent Rights and Procedural Safeguards.
   2. Revoking Consent. The parent may revoke consent at any time. A revocation of consent is not retroactive.
2. Meeting.
   1. Notice. The following documents will be provided to the parent.
      1. Meeting Invitation.
         1. Once the coordinator determines an evaluation is appropriate, the Coordinator will contact the parent to schedule the meeting.
         2. Once the meeting has been scheduled, the Coordinator will email or mail a written invitation to the parent. The invitation will indicate the date, time, place, and purpose of the eligibility meeting. An electronic calendar invite containing this information is sufficient.
      2. Accommodation Plan & Meeting Minutes Form.
         1. The Coordinator/Designated Person should complete the Accommodation Plan and Meeting Minutes Form. This form documents the participants, the discussion, the eligibility determination, and the student’s Section 504 Plan. This form also includes the Notice of Parent/Student Rights and Procedural Safeguards.
         2. The Accommodation Plan and Minutes Form will be signed by the Coordinator, the Designated Person/Administrator, and the parent. The signed form will be emailed to the parent unless the parent requests a paper copy.
   2. Meeting Participants.
      1. The Section 504 Team must include at least three of the following participants:¹⁴
         1. Building administrator.
         2. Coordinator (required).
         3. General education teacher for the student.
         4. Individuals who administered an assessment or a representative who is qualified to interpret the assessment results. 
         5. Health Services Representative.
         6. School Counselor.
         7. Parent: While parent participation is highly preferred, parent participation is not expressly required under Section 504, and therefore, provided the parent has given written consent to evaluate, the Section 504 Team may hold the meeting without the parent in attendance if the parent chooses not to participate in person or by other methods (e.g., via phone or video conference).
   3. Initial Evaluation/Eligibility Determination.
      1. When determining a student’s eligibility for services under Section 504, the team must remain cognizant of the following:
         1. Information from multiple sources must be considered.¹⁵
         2. Disability under Section 504 must be construed broadly, and determining whether a student is disabled should not require extensive documentation or analysis.¹⁶
         3. While a student with a record of or who has been regarded as having a disability is protected under Section 504, he or she is not eligible for a Section 504 plan. A student must actually have a disability to qualify for a Section 504 Plan.¹⁷
         4. The effects of mitigating measures must not be considered, except for ordinary eye glasses or contacts, when determining whether an impairment substantially limits a major life activity¹⁸. Mitigating measures may be considered when determining whether services under a Section 504 Plan are required.
         5. A student’s grades cannot be the determining factor when conducting this analysis.¹⁹
         6. Whether a temporary impairment (i.e., one that last 6 months or less) is a disability under Section 504 must be determined case-by case based on the expected duration and the extent to which it limits a major life activity.²⁰
         7. An impairment that is episodic or in remission is a disability if it would substantially limit one or more major life activities when active.²¹
         8. An actual diagnosis is not required to determine a student has a disability.²²
      2. Determining eligibility requires a two-prong analysis:²³
         1. Does the student have a disability? If the team answers questions (1) and (2) below in the affirmative, the student is considered to have a disability as defined under Section 504. As such, the student is protected from discrimination under Section 504 regardless of the team’s determination under prong two. If the team answers no to either question (1) or (2), the student does not have a disability as defined under Section 504, and no further analysis is necessary—the student is not eligible for a Section 504 Plan.
            1. Does the student have a physical or mental impairment?
            2. If so, does the impairment substantially limit one or more major life activities?
         2. If the student has a disability, does the student require special education, related services, or modifications to regular education, including policies, procedures, or practices, because of his or her disability (i.e., does the student require a Section 504 Plan)?
            1. If the team determines a disabled student requires services under a Section 504 Plan, the team must develop a Section 504 Plan which provides only those services and modifications necessary to ensure the student receives an appropriate education.
            2. If the team determines a disabled student does not require a Section 504 Plan, the student remains protected as a student with a disability under Section 504.
      3. Using the above two prong-analysis, the team will make one of the following eligibility determinations:
         1. The student does not have a disability, and therefore is not eligible for a Section 504 Plan.
         2. While the student has a Section 504 disability (i.e., technically eligible), the student’s needs are being met as well as his or her non-disabled peers’, and therefore a Section 504 Plan is not required. A plan will not be developed.
         3. The student has a Section 504 disability and requires, because of the disability, a Section 504 Plan. A plan will be developed.
   4. Plan Development.
      1. Services. The team must develop a written plan which describes the special education, related services, and general education modifications, including modifications to policies, procedures, or practices necessary to meet the student’s needs as adequately as his or her nondisabled peers’. ²⁴
      2. Least Restrictive Environment. The team must develop a plan which educates the student with his or her nondisabled peers to the maximum extent appropriate. This includes all school related activities (e.g., lunch periods, recess periods, field trips, and extracurricular activities).²⁵
3. Consent to Implement 504 Plan.
   1. The parent consents to implement the initial Section 504 Plan when he or she signs the Accommodation Plan and Meeting Minutes Form unless otherwise stated under Meeting Minutes.
   2. The initial Section 504 Plan will not be implemented until the parent signs the Accommodation Plan and Meeting Minutes Form.²⁶
   3. The Section 504 Plan will be implemented the next school day following the date the Coordinator receives the Accommodation Plan and Meeting Minutes Form signed by the parent.
   4. A copy of the signed Accommodation Plan and Meeting Minutes Form will be uploaded to SMART. Teachers will be notified and directed to review and implement the 504 plan.

1. Required. A review meeting must be conducted if:
   1. Requested by the parent.
   2. Evidence (e.g., academic record, access to the building, change in medical condition, etc.) indicates the Section 504 Plan is no longer providing an appropriate education and modifying the plan by amendment is not appropriate.
2. Review Meeting Consent. Parent consent is not required to conduct a 504 Plan Review meeting.
3. Meeting.
   1. Notice. The following documents will be provided to the parent.
      1. Meeting Invitation.
         1. Once a referral has been made, the Coordinator will contact the parent and schedule a review meeting in a timely manner.
         2. Once the meeting is scheduled, the Coordinator will email or mail a written invitation to the parent. The invitation will indicate the date, time, place, and purpose of the review meeting. An electronic calendar invite containing this information is sufficient.
      2. Accommodation Plan & Meeting Minutes Form.
         1. The Coordinator/Designated Person should complete the Accommodation Plan and Meeting Minutes Form. This form documents the participants, the discussion, and the student’s Section 504 Plan. This form also includes the Notice of Parent/Student Rights and Procedural Safeguards.
         2. The Accommodation Plan and Minutes Form will be signed by the Coordinator, the Designated Person/Administrator, and the parent. If the parent does not attend the meeting, a third school participate will sign the form. The signed form will be emailed to the parent unless the parent requests a paper copy.
   2. Meeting Participants
      1. The Section 504 Team must include at least three of the following participants:
         1. A building administrator.
         2. The District Section 504 Coordinator (required).
         3. A general education teacher for the student.
         4. The school nurse if medical conditions are under consideration (e.g., diabetes).
         5. A school counselor.
         6. The parent—while parent participation is preferred, a review meeting may be held without the parent in attendance if the parent chooses not to participate in person or by other methods (e.g., via phone or video conference).
   3. Section 504 Plan Modification
      1. If, after evaluating relevant information, the team determines the student’s Section 504 Plan requires modification, the modified plan will be developed consistent with paragraph 2(b)(4) et seq. under this Section.
      2. Eligibility to receive services under a Section 504 Plan IS NOT a consideration during a Section 504 Plan Review Meeting.
4. Consent to Implement.
   1. Parent consent is not required to implement a revised Section 504 Plan. If the parent disagrees with the revised plan, the parent may exercise his or her right to file a complaint, a grievance, or Due Process.
   2. The revised Section 504 Plan will be implemented the next school day following the date of the review meeting. If the parent is not in attendance, the plan will be implemented the next school day following the date the parent is emailed or mailed the Accommodation Plan & Meeting Minutes Form.
   3. A copy of the Accommodation Plan & Meeting Minutes Form will be uploaded to SMART. The student’s teachers will be notified of the new plan.

1. Requirement. A student who receives services under a Section 504 Plan must be reevaluated periodically.²⁷ A reevaluation will be conducted:
   1. During the student’s 5th and 8th grade year unless the parent refuses consent to reevaluate or TSC and the parent agree the reevaluation is unnecessary. In either case, a review meeting should be conducted in lieu of the reevaluation.
   2. If the parent requests a reevaluation and TSC agrees a reevaluation is appropriate.
   3. If the student’s continued eligibility to receive services under a Section 504 Plan is in question.
   4. Before any significant change in placement, including terminating or significantly reducing related services.²⁸
2. Reevaluation Consent.
   1. Notice. The following document will be signed by the parent.
      1. Consent to Reevaluate Form. The Coordinator will have the parent sign this form before the start of the reevaluation meeting. The form will include a description of what information will be reviewed during the reevaluation meeting and the Parent Rights and Procedural Safeguards.
   2. Revoking Consent. The parent may revoke consent at any time. A revocation of consent is not retroactive. Once the parent revokes his or her consent, TSC must immediately discontinue the reevaluation. TSC may, at is discretion, pursue Due Process to compel continuation of the reevaluation.
3. Meeting. Once consent has been granted or resolved, the reevaluation meeting will be conducted consistent with paragraph 2(b) et seq. of this section. Note: If a parent is not in attendance, the Accommodation Plan and Meeting Minutes Form must be signed by a third school participant.
4. Consent to Implement.
   1. Parent consent is not required to implement a revised Section 504 Plan. If the parent disagrees with the revised plan, the parent may exercise his or her right to file a complaint, a grievance, or Due Process.
   2. The Section 504 Plan will be implemented the next school day following the date of the reevaluation meeting. If the parent is not in attendance, the plan will be implemented the next school day following the date the parent is emailed or mailed a copy of the Accommodation Plan and Meeting Minutes Form.
   3. A copy of the Accommodation Plan and Meeting Minutes Form will be uploaded to SMART. The student’s teachers will be notified of the new plan.

1. A Section 504 Plan may be amended without convening a review meeting if the following conditions are met:
   1. The proposed amendment does not constitute a significant change in placement.
   2. The parent, the DP, and the Coordinator agree to amend the Section 504 Plan without convening a review meeting.
   3. The Section 504 Plan Amendment form is signed by the parent, the DP, and the Coordinator.
2. Once the Section 504 Plan Amendment form is signed, the Coordinator will
   1. Email or mail the parent a copy of the signed Section 504 Plan Amendment form.
   2. Email or mail the parent the Notice of Parent/Student Rights and Procedural Safeguards.
   3. Upload the Accommodation Plan and Meeting Minutes Form and the Section 504 Plan Amendment to SMART and notify teachers.

1. Applicability. This section is applicable to students with a disability and who are receiving services under a Section 504 Plan. 
   1. If a student has been referred for evaluation under Section 504, the evaluation must be completed to determine if the student has a disability and requires a Section 504 Plan. The evaluation must be completed prior to any discipline which results in a significant change in placement. If the Team determines a student has a disability and requires a Section 504 Plan, an MDR must be completed.
2. Requirement.
   1. A student with a disability cannot be disciplined for his or her behavior if the behavior is a manifestation of his or her disability and the disciplinary action results in a significant change of placement.
   2. Removing a student from school (i.e., expulsion or suspension) for more than 10 consecutive days²⁹ or for a series of short-term removals which total more than 10 days and create a pattern of removal³⁰ is considered a significant change of placement.
   3. If the proposed discipline will result in a change in placement, the Coordinator must schedule a MDR meeting in a timely manner. The student’s placement cannot be changed due to disciplinary action until the MDR is complete.³¹
      1. If, however, the misconduct involves a violation of illegal drug or alcohol use rules and the student is determined to be a current user, the school may take disciplinary action against the student to the same extent that such disciplinary action is taken against non-disabled students without conducting a MDR. The student forfeits his or her 34 C.F.R. § 104.36 due process rights as it relates to the disciplinary action.³²
         1. Note—possession per se is not evidence of current use; if in doubt, conduct the MDR.
3. Meeting.
   1. Notice. The following documents will be provided to the parent.
      1. Meeting Invitation. Once the meeting is scheduled, the Coordinator will email or mail a written invitation to the parent. The invitation will indicate the date, time, place, and purpose of the MDR meeting. An electronic calendar invite containing this information is sufficient.
      2. Accommodation Plan, MDR, & Meeting Minutes Form.
         1. The Coordinator should complete the Accommodation Plan, MDR, & Meeting Minutes From. This form will document meeting participants, the discussion, whether the student’s conduct was a manifestation of his or her disability, and the student’s revised Section 504 Plan if applicable. This form also includes the Notice of Parent/Student Rights and Procedural Safeguards.
         2. This form will be signed by the Coordinator, the Designated Person/Administrator, and the parent. If the parent is not in attendance, the form must be signed by a third school Team member. The signed form will be emailed to the parent unless the parent requests a paper copy.
   2. Meeting Participants.
      1. The Section 504 Team must include at least three of the following participants:
         1. Building administrator.
         2. Coordinator.
         3. General Education teacher for the student.
         4. School Counselor.
         5. The parent—while parent participation is highly preferred, the MDR meeting may be held without the parent in attendance if the parent chooses not to participate in person or by other methods (e.g., via phone or video conference).
   3. Determination.
      1. Once the team has discussed the student’s behavior and any additional information the team determines relevant, the team must answer the following questions:
         1. Was the conduct in question caused by or did it have a direct and substantial relationship to the student’s impairment?
         2. Was the conduct in question the direct result of TSC’s failure to implement the student’s Section 504 Plan?
      2. If the team answers yes to either of these questions, the student’s conduct is a manifestation of the student’s impairment. The proposed discipline shall not be imposed.
         1. If the team answered yes to question (i)(a), the team must review the student’s 504 plan to determine if the plan requires modification. This should be conducted as soon as possible following the team’s determination.
         2. If the team answered yes to question (i)(b), the team must act to ensure that the student’s Section 504 Plan is implemented. The team must also review the student’s 504 plan to determine if the plan requires modification. This should be conducted as soon as possible following the team’s determination.
      3. If the team answers no to both question (i)(a) and (i)(b), the school may impose discipline in the same manner as it imposes discipline on students without a disability.

1. Disability Discrimination. Section 504 protects qualified students with disabilities from being excluded from participation in, being denied the benefits of, or being subjected to discrimination, including harassment, on the basis of disability in any school program or activity.^{33, 34}
   1. Informal Complaint. A parent may file an informal complaint regarding discrimination/harassment on the basis of disability by contacting the TSC compliance office listed below. It is recommend a parent first contact the building administrator and/or Coordinator to allow these individuals an opportunity to address any concerns.
      1. TSC Compliance Officer: Douglas Allison, Assistant Superintendent for Personnel. Phone: 765-474-2481. Address: 21 Elston Road Lafayette, IN 47909.
   2. Formal Complaint. A parent may file a formal complaint regarding discrimination on the basis of disability by contacting the U.S. Department of Education—Office for Civil Rights (OCR) within 180 days of the alleged discrimination. There is no requirement to file an informal complaint before filing a formal complaint. Further, a parent may terminate an informal complaint and initiate a formal complaint at any time.
      1. U.S. Department of Education Office for Civil Rights. Phone: 312-730-1560. Fax: 312-730-1576. Address: Midwest Division, Chicago Office. 500 West Madison Street, Suite 1475, Chicago, IL 60661.
2. Impartial Due Process Hearing and Review.³⁵
   1. Impartial Due Process Hearing.
      1. An impartial hearing regarding the identification, evaluation, placement, or provisions of a free appropriate education of a student under Section 504 may be filed with the Coordinator. The Coordinator will file the request with the appropriate TSC compliance officer.
      2. The hearing request must be in writing, signed and dated by the parent. It must include a description of the issues and facts that serve as the basis of the hearing request, including the dates issues and facts arose, as well as a description of the relief sought, to the extent it is known.
      3. The appropriate TSC compliance officer will assign an impartial hearing officer to conduct the hearing.
      4. A hearing will be scheduled by the assigned hearing officer within fifteen (15) school days after the date that the hearing officer agrees to accept the appointment, unless the parent and the compliance officer agree otherwise or there are extenuating circumstances which warrant an extension of this timeline.
      5. The parent and TSC will have the right to present evidence relevant to the issue raised in the complaint. The parent and TSC have the right to be represented by counsel.
      6. The hearing officer will limit his or her decision to the issue or issues presented by the parent in the written hearing request. The hearing officer’s decision must be written and include a summary of the evidence and the reasons for the decision, which will be based on the hearing officer’s interpretation of the meaning or application of Section 504 to the issue(s) and evidence presented.
      7. The hearing officer will send a copy of the decision to the parent and the appropriate TSC compliance officer within five (5) school days after the conclusion of the hearing.
      8. The decision of the hearing officer will be final unless appealed pursuant to paragraph 2 below.
   2. Impartial Review Process
      1. Any party aggrieved by the decision of the hearing officer may request a review of the decision by an impartial review officer.
      2. A request for review must be in writing, signed and dated, and submitted to the Coordinator by regular mail or email no later than ten (10) school days after the aggrieved party’s receipt of the hearing officer’s decision.
         1. A request for review must state the reason for the review request, and the relief being sought.
         2. The appropriate TSC compliance officer will assign an impartial review officer to conduct the review.
         3. The appropriate TSC compliance officer shall transmit to the review officer a copy of the due process hearing request, all evidence presented at the hearing, the hearing officer’s decision, and a copy of the request for review.
         4. Within thirty (30) school days of the review officer’s receipt of the request for review, the review officer shall affirm, reverse, or amend the hearing officer’s decision unless there are extenuating circumstances that warrant an extension of this timeline.
         5. Within five (5) school days of the review officer’s decision, the appropriate TSC compliance officer shall inform the parties of the review officer’s decision.
         6. The decision of the review officer is final.