Section 504 of the Rehabilitation Act of 1973 (Act) is administered 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.  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.  A student is qualified if he or she is of an age during which non-disabled 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.  

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, including policies, procedures, or practices, under a Section 504 Plan if the Section 504 Team (hereafter referred to as Team) determines the student actually has a disability AND the student, because of his or her disability, requires such services to receive an appropriate education.  A student who has a record of an impairment or is regarded as having an impairment but does not actually have a disability is not eligible to receive services under a Section 504 Plan.

If you have questions regarding the implementation procedures outlined in this document, questions related to your student’s eligibility under a Section 504 Plan, or concerns related to your student’s current Section 504 Plan, you may contact the District Section 504 Coordinator (hereafter referred to as Coordinator):

Richard A. Huffer

Operation Center 

20 Elston Road

Lafayette, IN 47909

Phone: 765-474-2481 ext. 4927 8403

Email: rahuffer@tsc.k12.in.us

Any form of discrimination or harassment can be devastating to an individual’s academic progress, social relationships, and/or personal sense of self-worth.

As such, the School Board does not discriminate on the basis of race, color, national origin, sex, disability, age , religion, military status, ancestry, or genetic information which are classes protected by Federal and/or State law (collectively, "Protected Classes") occurring in the Corporation's educational opportunities, programs, and/or activities, or, if initially occurring off Corporation grounds or outside the Corporation's educational opportunities, programs, and activities, affecting the Corporation’s environment.

The Board also does not discriminate on the basis of Protected Classes in its employment policies and practices as they relate to students, and does not tolerate harassment of any kind.

Equal educational opportunities shall be available to all students, without regard to the Protected Classes, age (unless age is a factor necessary to the normal operation or the achievement of any legitimate objective of the program/activity), place of residence within the boundaries of the Corporation, or social or economic background, to learn through the curriculum offered in this Corporation. Educational programs shall be designed to meet the varying needs of all students.

The Superintendent shall appoint and publicize the name of the compliance officer(s) who is/are responsible for coordinating the Corporation’s efforts to comply with applicable Federal and State laws and regulations, including the Corporation’s duty to address in a prompt and equitable manner any inquiries or complaints regarding discrimination or denial of equal access. The Compliance Officer(s) shall also verify that proper notice of nondiscrimination for Title II of the Americans with Disabilities Act (as amended), Title VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendment Act of 1972, Section 504 of the Rehabilitation Act of 1973 (as amended), and the Age Discrimination Act of 1975 is provided to students, their parents, staff members, and the general public.

TSC Compliance Officer:

Douglas Allison

Assistant Superintendent for Personnel

765-474-2481

20 Elston Road Lafayette, IN 47909.

TSC is required to annually locate and identify every qualified disabled student residing within the school district who is not receiving a public education.  TSC is further required to take action to notify disabled students and their parents of TSC’s duty under Section 504. TSC meets this require as follows:

• TSC educators and staff members identify and refer for evaluation all students they suspect  have a disability and need, because of the disability, special education, related services, or modifications to regular education, including policies, practices, or procedures. 
• TSC reviews all referrals from appropriate persons not employed by TSC. If TSC suspects the student has a disability and  needs, because of the disability, special education, related services, or modifications to regular education, including policies, practices, or procedures, TSC will evaluate the student.  This includes, but is not limited to, parents, medical personnel, and community agencies. 
• TSC provides 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. 

TSC must also evaluate any TSC student suspected of having a disability and needing, 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.  Evaluations must be completed in a timely manner.  It is improper to delay an evaluation to first implement interventions (e.g., RtI).

Referrals may be initiated by administrators, teachers, staff members, parents, medical personnel, or community agencies. Administrators, teachers, and staff are required to refer to the Coordinator any student they suspect has a disability and needs, because of the disability, special education, related services, or modifications to regular education, including policies, practices, or procedures. 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.    

All referrals must be submitted using the online referral form. 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. If the 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.

The Coordinator will review the referral in a timely manner. If 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 special education. If a student is referred for a Section 504 evaluation while being evaluated under IDEA, the referral will be placed on hold until the IDEA evaluation is completed.  The Section 504 referral process will only resume if the student is found ineligible under IDEA. The student’s counselor or administrator will notify the Coordinator once the IDEA evaluation is complete.

If the Coordinator determines an evaluation is appropriate, an evaluation plan will be developed and conducted at no cost to the parent.  This may include, but is not limited to, a review of existing school records and any existing medical records provided by the parent. 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.

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.

Consent. The Coordinator will have the parent sign the Consent to Evaluate 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 Initial Evaluation meeting and the Parent Rights and Procedural Safeguards. The parent may revoke consent at any time.  A revocation of consent is not retroactive. 

Notice. Once the Coordinator receives the Consent to Evaluate Form, the Coordinator will contact the parent to schedule the initial evaluation meeting. 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. 

Meeting Participants. The Section 504 Team must include at least three of the following participants: 

• A building administrator.
• The District Section 504 Coordinator (required).
• A general education teacher for the student.
• Individuals who administered an assessment or a representative who is qualified to interpret the assessment results.
• The school nurse when medical conditions are under consideration (e.g., diabetes).
• A school counselor.
• The 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 Initial Evaluation/Determination/504 Plan development 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), or the parent is a no show with no call for a second time. 

Accommodation Plan & Meeting Minutes. The Coordinator/Designated Person should complete the Accommodation Plan and Meeting Minutes Form.  The form documents the participants, the discussion, the eligibility determination, and the student’s Section 504 Plan. It also includes the Notice of Parent/Student Rights and Procedural Safeguards. 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.   

Eligibility Determination. When determining a student’s eligibility for services under Section 504, the team must remain cognizant of the following:

• Information from multiple sources must be considered.
• Disability under Section 504 must be construed broadly, and determining whether a student is disabled should not require extensive documentation or analysis.
• 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.
• 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 activity.  Mitigating measures may be considered when determining whether services under a Section 504 Plan are required.
• A student’s grades cannot be the determining factor when conducting this analysis.
• Whether a temporary impairment (i.e., one that lasts 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.
• An impairment that is episodic or in remission is a disability if it would substantially limit one or more major life activities when active.
• An actual diagnosis is not required to determine whether a student has a disability.

Determining eligibility requires a two-prong analysis: 

First, does the student have a disability? If the team answers both questions 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, 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.

• Does the student have a physical or mental impairment?
• If so, does the impairment substantially limit one or more major life activities? 

Second, 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)?

• 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.
• 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.

Using the above two prong-analysis, the team will make one of the following eligibility determinations:

• The student does not have a disability, and therefore is not eligible for a Section 504 Plan.
• 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.
• The student has a Section 504 disability and requires, because of the disability, a Section 504 Plan.  A plan will be developed.

Plan Development. The team must develop a written plan which describes the special education, related services, and general education accommodations/modifications, including modifications to policies, procedures, or practices necessary to meet the student’s needs as adequately as his or her nondisabled peers’. The plan must be designed to educate the student with his or her nondisabled peers to the maximum extent appropriate (Least Restrictive Environment).  This includes all school related activities (e.g., lunch periods, recess periods, field trips, and extracurricular activities). 

Consent to Implement Plan. 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. The initial Section 504 Plan will not be implemented until the parent signs the Accommodation Plan and Meeting Minutes Form. The 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. A copy of the signed Accommodation Plan and Meeting Minutes Form will be uploaded to SMART.  

When a student transfers to a TSC school with an active 504 plan, the school's Designated Person or Administrator will submit a Move-In Referral and forward the 504 plan received from the previous school to the Coordinator's Office. A review meeting will be conducted consistent with the procedures outlined under Review Meeting unless the Coordinator determines a reevaluation meeting is appropriate. If the Coordinator makes such a determination, a reevaluation meeting will be conducted consistent with the procedures outlined under Requested Reevaluation Meeting. TSC will not formally implement a 504 plan until the 504 team meets and develops an appropriate TSC plan.

A review meeting must be conducted if requested by the parent, or there is evidence (e.g., academic record, access to the building, change in medical condition, etc.) indicating the Section 504 Plan is no longer providing an appropriate education.  

Consent. Parent consent is not required to conduct a 504 Plan Review meeting.

Notice. Once a referral has been made, the Coordinator will contact the parent and schedule a review meeting in a timely manner. 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.

Meeting Participants. The Section 504 Team must include at least three of the following participants: 

• A building administrator.
• The District Section 504 Coordinator (required).
• A general education teacher for the student.
• The school nurse if medical conditions are under consideration (e.g., diabetes).
• A school counselor.
• 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), or the parent is a no show with no call for a second time.

Accommodation Plan & Meeting Minutes. The Coordinator/Designated Person should complete the Accommodation Plan and Meeting Minutes Form. The form documents the participants, the discussion, and the student’s Section 504 Plan. It also includes the Notice of Parent/Student Rights and Procedural Safeguards. The Accommodation Plan and Minutes Form should be signed by the Coordinator, the Designated Person/Administrator, and the parent if in attendance. If the parent does not attend the meeting, a third school participant should sign the form. The signed form will be emailed to the parent unless the parent requests a paper copy. 

Eligibility Determination. Eligibility to receive services under a Section 504 Plan IS NOT a consideration during a review meeting.

Plan Modification. If, after reviewing relevant information, the team determines the student’s Section 504 Plan requires modifications, the team must develop a written plan which describes the special education, related services, and general education accommodations/modifications, including modifications to policies, procedures, or practices necessary to meet the student’s needs as adequately as his or her nondisabled peers.’ The plan must be designed to educate the student with his or her nondisabled peers to the maximum extent appropriate (Least Restrictive Environment).  This includes all school related activities (e.g., lunch periods, recess periods, field trips, and extracurricular activities). 

Consent to Implement Plan. 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 for Due Process. 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. A copy of the Accommodation Plan & Meeting Minutes Form will be uploaded to SMART. 

Required. A student who receives services under a Section 504 Plan must be reevaluated periodically.  A reevaluation will be conducted during the student’s 5th and 8th grade year unless TSC and the parent agree the periodic reevaluation is unnecessary. 

Consent. The Coordinator will have the parent sign the Consent to Evaluate Form before the start of the reevaluation meeting or prior to completing new assessments.  The form will include a description of what information will be reviewed during the Periodic Revaluation meeting and the Parent Rights and Procedural Safeguards. The parent may revoke consent at any time.  A revocation of consent is not retroactive. 

Notice. Once the Coordinator receives the Consent to Evaluate Form, the Coordinator will contact the parent to schedule the periodic reevaluation meeting. 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 periodic reevaluation meeting, and the Parent Rights and Procedural Safeguards.  An electronic calendar invite containing this information is sufficient. 

Meeting Participants. The Section 504 Team must include at least three of the following participants: 

• A building administrator.
• The District Section 504 Coordinator (required).
• A general education teacher for the student.
• Individuals who administered an assessment or a representative who is qualified to interpret the assessment results.
• The school nurse when medical conditions are under consideration (e.g., diabetes).
• A school counselor.
• The 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 reevaluation 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), or the parent is a no show with no call for a second time 

Accommodation Plan & Meeting Minutes. The Coordinator/Designated Person should complete the Accommodation Plan and Meeting Minutes Form.  The form documents the participants, the discussion, the eligibility determination, and the student’s Section 504 Plan. It also includes the Notice of Parent/Student Rights and Procedural Safeguards. The Accommodation Plan and Minutes Form should be signed by the Coordinator, the Designated Person/Administrator, and the parent if in attendance. If the parent does not attend the meeting, a third school participant should sign the form. The signed form will be emailed to the parent unless the parent requests a paper copy.   

Eligibility Determination. When determining a student’s continued eligibility for services under Section 504, the team must remain cognizant of the following:

• Information from multiple sources must be considered.
• Disability under Section 504 must be construed broadly, and determining whether a student is disabled should not require extensive documentation or analysis.
• 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.
• 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 activity.  Mitigating measures may be considered when determining whether services under a Section 504 Plan are required.
• A student’s grades cannot be the determining factor when conducting this analysis.
• Whether a temporary impairment (i.e., one that lasts 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.
• An impairment that is episodic or in remission is a disability if it would substantially limit one or more major life activities when active.
• An actual diagnosis is not required to determine a student has a disability.

Determining continued eligibility requires a two-prong analysis: 

First, does the student continue to have a disability? If the team answers both questions below in the affirmative, the student continues 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, the student no longer has a disability as defined under Section 504, and no further analysis is necessary—the student is no longer eligible for a Section 504 Plan.

• Does the student continue to have a physical or mental impairment?
• If so, does the impairment continue to substantially limit one or more major life activities? 

Second, if the student continues to have a disability, does the student still 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)?

• If the team determines a disabled student still 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.
• If the team determines a disabled student no longer requires a Section 504 Plan, the student remains protected as a student with a disability under Section 504.

Using the above two prong-analysis, the team will make one of the following eligibility determinations:

• The student does not have a disability, and therefore is not eligible for a Section 504 Plan.
• 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.
• The student has a Section 504 disability and requires, because of the disability, a Section 504 Plan.  A plan will be developed.

Plan Development. The team must develop a written plan which describes the special education, related services, and general education accommodations/modifications, including modifications to policies, procedures, or practices necessary to meet the student’s needs as adequately as his or her nondisabled peers’. The plan must be designed to educate the student with his or her nondisabled peers to the maximum extent appropriate (Least Restrictive Environment).  This includes all school related activities (e.g., lunch periods, recess periods, field trips, and extracurricular activities). 

Consent to Implement Plan. 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 for Due Process. 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. 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.

Required. A reevaluation will be conducted: 

• If the parent requests a reevaluation and TSC agrees a reevaluation is appropriate.
• If the student’s continued eligibility to receive services under a Section 504 Plan is in question.
• Before any significant change in placement (this does not include Manifestation Determination Reevaluations discussed below), including terminating or significantly reducing related services.

Consent. The Coordinator will have the parent sign the Consent to Evaluate 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 requested reevaluation meeting and the Parent Rights and Procedural Safeguards. The parent may revoke consent at any time.  A revocation of consent is not retroactive. 

Notice. Once the Coordinator receives the Consent to Evaluate Form, the Coordinator will contact the parent to schedule the reevaluation meeting. 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. 

Meeting Participants. The Section 504 Team must include at least three of the following participants: 

• A building administrator.
• The District Section 504 Coordinator (required).
• A general education teacher for the student.
• Individuals who administered an assessment or a representative who is qualified to interpret the assessment results.
• The school nurse when medical conditions are under consideration (e.g., diabetes).
• A school counselor.
• The 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 reevaluation 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) or the parent is a no show with no call for a second time. 

Accommodation Plan & Meeting Minutes. The Coordinator/Designated Person should complete the Accommodation Plan and Meeting Minutes Form.  The form documents the participants, the discussion, the eligibility determination, and the student’s Section 504 Plan. It also includes the Notice of Parent/Student Rights and Procedural Safeguards. The Accommodation Plan and Minutes Form should be signed by the Coordinator, the Designated Person/Administrator, and the parent if in attendance. If the parent does not attend the meeting, a third school participant should sign the form. The signed form will be emailed to the parent unless the parent requests a paper copy.   

Eligibility Determination. When determining a student’s continued eligibility for services under Section 504, the team must remain cognizant of the following:

• Information from multiple sources must be considered.
• Disability under Section 504 must be construed broadly, and determining whether a student is disabled should not require extensive documentation or analysis.
• 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.
• 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 activity.  Mitigating measures may be considered when determining whether services under a Section 504 Plan are required.
• A student’s grades cannot be the determining factor when conducting this analysis.
• Whether a temporary impairment (i.e., one that lasts 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.
• An impairment that is episodic or in remission is a disability if it would substantially limit one or more major life activities when active.
• An actual diagnosis is not required to determine a student has a disability.

Determining continued eligibility requires a two-prong analysis: 

First, does the student continue to have a disability? If the team answers both questions below in the affirmative, the student continues 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, the student no longer has a disability as defined under Section 504, and no further analysis is necessary—the student is no longer eligible for a Section 504 Plan.

• Does the student continue to have a physical or mental impairment?
• If so, does the impairment continue to substantially limit one or more major life activities? 

Second, if the student continues to have a disability, does the student still 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)?

• If the team determines a disabled student still 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.
• If the team determines a disabled student no longer requires a Section 504 Plan, the student remains protected as a student with a disability under Section 504.

Using the above two prong-analysis, the team will make one of the following eligibility determinations:

• The student does not have a disability, and therefore is not eligible for a Section 504 Plan.
• 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.
• The student has a Section 504 disability and requires, because of the disability, a Section 504 Plan.  A plan will be developed.

Plan Development. The team must develop a written plan which describes the special education, related services, and general education accommodations/modifications, including modifications to policies, procedures, or practices necessary to meet the student’s needs as adequately as his or her nondisabled peers’. The plan must be designed to educate the student with his or her nondisabled peers to the maximum extent appropriate (Least Restrictive Environment).  This includes all school related activities (e.g., lunch periods, recess periods, field trips, and extracurricular activities). 

Consent to Implement Plan. 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 for Due Process. 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. 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.

The best practice is to convene a 504 meeting to change a student’s plan. However, a plan may be amended without convening a review meeting if the following conditions are met: 

• The proposed amendment does not constitute a significant change in placement.
• Time is of the essence; i.e., there is an urgent need for an immediate change to the plan. 
• The parent, the DP, and the Coordinator agree to amend the Section 504 Plan without convening a review meeting.
• The Section 504 Plan Amendment form is signed by the parent, the DP, and the Coordinator.

Once the Section 504 Plan Amendment form is signed, the Coordinator will

• Email or mail the parent a copy of the signed Section 504 Plan Amendment form.
• Email or mail the parent the Notice of Parent/Student Rights and Procedural Safeguards. 
• Upload the Accommodation Plan and Meeting Minutes Form and the Section 504 Plan Amendment to SMART and notify teachers.

Applicability.  This section is applicable to students with a disability and who are receiving services under a Section 504 Plan. NOTE: 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, a MDR must be completed.

Prohibited. 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. Removing a student from school (i.e., expulsion or suspension) for more than 10 consecutive days or for a series of short-term removals which total more than 10 days and create a pattern of removal is considered a significant change of placement.  

Required. 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.  

Exceptions. If 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. Note: Possession per se is not evidence of current use; if in doubt, conduct the MDR. 

Consent. As noted above, an MDR is required if disciplinary action will result in a significant change in placement, and therefore parent consent is not required to conduct the MDR. 

Notice. 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.   

Meeting Participants. The Section 504 Team must include at least three of the following participants: 

• A building administrator.
• The District Section 504 Coordinator (required).
• A general education teacher for the student.
• The student’s school counselor.
• The parent—while parent participation is highly preferred, the MDR meeting will 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), or does not arrive at the meeting’s scheduled time.

Manifestation Determination Reevaluation Meeting Minutes Form. The Coordinator should complete the Accommodation Plan, MDR, & Meeting Minutes From.  This form documents meeting participants, the discussion, and whether the student’s conduct was a manifestation of his or her disability.  It also includes the Notice of Parent/Student Rights and Procedural Safeguards. This form should be signed by the Coordinator, the Designated Person/Administrator, and the parent. If the parent is not in attendance, the form should be signed by a third school Team member. The signed form will be emailed to the parent unless the parent requests a paper copy.

Determination. Once the team has discussed the student’s behavior and any additional information the team determines relevant, the team must answer the following questions:

• Was the conduct in question caused by or did it have a direct and substantial relationship to the student’s impairment?
• Was the conduct in question the direct result of TSC’s failure to implement the student’s Section 504 Plan?

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.

If the team answered yes to the first question, the team must review the student’s 504 plan to determine if the plan  requires modification, including possibly conducting/updating an FBA, developing/modifying a behavior plan, making an alternate placement, etc.  This should be conducted as soon as possible following the team’s determination.  

If the team answered yes to the second question, 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 modifications, including possibly conducting/updating an FBA, developing/modifying a behavior plan, making an alternate placement, etc.  This should be conducted as soon as possible following the team’s determination.  

If the team answers no to both questions, the student’s conduct is not a manifestation of the student’s impairment. The school may impose discipline in the same manner as it imposes discipline on students without a disability.

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. 

Informal Complaint. A parent may file an informal complaint regarding discrimination/harassment on the basis of disability by contacting the TSC compliance officer.  It is recommended a parent first contact the building administrator and/or Coordinator to allow these individuals an opportunity to address any concerns. The TSC Compliance Officer is Dr. Douglas Allison, Assistant Superintendent for Personnel. His office is at the Elston Administration Center. His phone number is 765-474-2481.

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.  

Impartial Due Process Hearing. A request for 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. 

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. 

Once the hearing request is received, the appropriate TSC compliance officer will assign an impartial hearing officer to conduct the hearing. 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. 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. 

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. 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. The decision of the hearing officer will be final unless appealed.

Impartial Review (Appeal). Any party aggrieved by the decision of the hearing officer may request a review of the decision by an impartial review officer. 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. A request for review must state the reason for the review request, and the relief being sought. 

The appropriate TSC compliance officer will assign an impartial review officer to conduct the review. 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. 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. 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. The decision of the review officer is final. 

Educational Impact. Any effect the student’s disability has on learning, progress in school, or the school setting, including extracurricular activities.  It is not limited to academic performance.  

Disability vs. Handicap. These two terms are used interchangeably.  A mental or physical impairment which substantially limits one or more major life activities.

Free Appropriate Public Education (FAPE).  

• Free: The provision of educational and related services without cost to the handicapped person or to his or her parents or guardian, except for those fees that are imposed on non-handicapped persons or their parents or guardian.
• Appropriate Education: The provision of regular or special education and related aids and services that are designed to meet individual educational needs of handicapped persons as adequately as the needs of non-handicapped persons are met in the least restrictive environment and which are developed consistent with the evaluation/placement procedures and procedural safeguards required under Section 504.  

Major Life Activity. Functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

Notice. TSC must provide notice to the parent explaining any evaluation and placement decision affecting his or her child and explaining the parent’s right to review educational records and appeal any decision regarding evaluation and placement through an impartial hearing.  This document outlines under each procedure the methods by which notice is provided to the parent.

Parent: Parent refers to any individual who has the legal authority to make decisions on behalf of the student.  This includes the student if he or she has reached the age of majority.

Physical or Mental Impairment. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more the following body systems: neurotological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive, digestive, genito-urinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

Placement. Regular and/or special educational program in which a student receives educational and/or related services.  In the context of Section 504, this includes the provisions of the student’s Section 504 plan, including the setting in which such provisions are delivered.  

PowerSchool. TSC’s Electronic Student Information System.

Record of Impairment. A history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.

Referral. A student is considered referred if the student’s counselor, the nurse, an administrator, or the Coordinator is aware of information which effectively gives notice that an evaluation under Section 504 should be or should have been initiated or a referral for evaluation has actually been submitted. 

Regarded as having an Impairment. A person who has a physical or mental impairment that does not substantially limit major life activities but that is treated by the school as constituting such a limitation; has a physical or mental impairment that 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.

Related Services. Developmental, corrective, and other supportive services, including psychological, counseling, and medical diagnostic services, and transportation.

School Day. Any day students attend school for a full day.  

SMART. Electronic platform used to store student’s Section 504 Plans and Meeting Minutes.  Appropriate TSC staff have access.

Team. The 504 Team includes any meeting participant. Not all team members are required to sign meeting related documents.

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 nondisabled students 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 nondisabled 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 nondisabled 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 evaluation 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 reevaluations—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

Telephone: 312-730-1560

Fax: 312-730-1576

Procedural Guide PDF (Citations)-English

• Provide computer-based material paper-based when available.  
• Provide the student a copy of the textbooks to keep at home when available. 
• Allow the student to use graphing paper.
• If requested, provide the student with a copy of the teacher’s lecture notes and/or projections-based materials, when available. 
• Provide written instructions with oral instructions.
• Block out extraneous stimuli from worksheets or reading materials.
• Provide a reading strip.
• Provide a study guide for new material.
• Reduce the amount of material presented on a single page.

• Frequent checks for understanding.
• Frequent checks for work progress.
• Require the student to repeat and explain directions to ensure understanding. 
• Small group instruction when reteaching concepts. 
• For non-speech classes, the student will be provided 24 hour notice of any required individual or group presentation. 
• For non-speech classes, the student will be allowed to videotape required individual presentations at home and submit them to the teacher. 
• For speech classes, the teacher will work with the student to develop strategies with the goal of presenting in front of classmates (strategies may include, e.g., prior notice of presentations; presentation videotaped at home; scaffolding/building towards presenting to the teacher, then a small group, and then the whole class; and frequent check-ins prior to the presentation). 
• Paraphrase directions
• Set clear expectations, give short concise directions, and establish a consistent routine. 
• Provide written instructions with oral instructions. 
• Simplify written directions and underline or highlight the significant parts. 
• Give directions or tasks one at a time.
• Prompt the student to slow down when she is rushing through activities.
• Prior notice of changes in the daily routine. 
• Frequent emotional check-ins with the student.
• The teacher will use “First” and “Then” language when giving instructions/directives. 
• The teacher will not ask the student a question in front of her peers unless the student raises her hand to volunteer. If the teacher has a question he or she must ask, the teacher will ask the student the question privately and allow additional wait time for the student to respond.

• If requested via email by the parent, the teacher will allow the student one additional school day beyond the due date to turn in a homework assignment. This accommodation may be used once per homework assignment. To receive this accommodation, the parent must email the teacher and request this accommodation on or before each assignment’s due date. 
• Allow the student to turn in a missing homework assignment up to 3 school days from the date the homework assignment is posted as missing in PowerSchool without penalty, not to exceed the end of the quarter. This accommodation may be used once per assignment. To receive this accommodation, the parent must email the teacher and request this accommodation for each missing assignment. The email request must be made within three school days of the assignment being marked as missing. 
• If requested by the student, the teacher will allow the student additional time to complete in-class assignments. This accommodation may be used  once per assignment. The teacher will determine how much additional time is appropriate. 
• If the student is absent for more than XXXX days, the teacher will reduce the size of assignments, exempt the student from assignments, or allow extra time to complete assignments while maintaining the curriculum. The teacher will determine which option is appropriate. 
• Allow the student to type written work and/or use Speech-to-Text when available. 
• Reduce the number of computer-based assignments/activities. 
• Break long-term assignments into multiple short assignments with separate due dates. 
• Reduce assignment size, exempt assignments, and/or allow extra time to complete assignments while maintaining the curriculum.
• Allow written work to be submitted via email without penalty. 
• Limit repetitive assignments, particularly those covering material the student has already mastered. 
• Provide assignments in large print. 
• Have an alternate assignment/activity prepared for the student if the primary assignment/activity is causing the student distress. 
• Allow alternate response methods on assignments (e.g., oral responses, voice recordings, typed responses, etc.).
• Allow the parent to transcribe written homework.
• Extra time on classroom activities.
• Allow the student to complete paper-based activities computer-based when possible.

• Complete assessments in multiple sessions.
• Repeat directions.
• Provide a Hundreds Chart.
• Individual Testing.
• Large Print Paper
• Provide Multiplication Table.
• Allow text-to-speech.
• Calculator (four function only)-Classroom Assessments.
• Calculator (online or handheld for allowed items)-State Mandated Assessments.
• Small group.
• Read Aloud to Self.
• Scribe
• Alternate Location
• Familiar Teacher
• Frequent stop-the-clock breaks.
• Additional breaks.
• Extra time, not to exceed 150 percent of standard time. 
• Paper-based. 
• The student may use a large memory aid note card (front and back) when taking classroom assessments, including finals. The note card is intended to trigger information the student has studied but may have difficulty recalling due to his or her disability rather than provide the answer. The note card cannot include copied pages from the book, verbatim class note/lecture notes/slides, or contain full and complete synopsis of course materials. The student must submit the note card to the teacher for approval two days before the scheduled exam.
• Speech-to-Text

• Allow additional time to allow the student to respond or take action.
• When the student engages in inappropriate behavior, the teacher will prompt the student to engage in appropriate behavior. If the student continues to engage in inappropriate behavior, the teacher will prompt the student to use his or her hot pass unless safety is an issue.
• The teacher will develop and use a daily behavior management plan.
• Reinforce desired behavior.
• Prompt to remain on task.
• Establish nonverbal cues for behavior monitoring.
• Use picture cue cards to remind the student what he or she should be doing.
• Display rules in the classroom and review them with the student. 
• Create and use a school/home communication book. 
• When addressing inappropriate behavior, the teacher will give the student an opportunity to give his side of the story before taking disciplinary action, unless safety is an issue. 
• Prompt the student to use appropriate calming strategies.

• For Semester X, SY XX-XX, the student has XX countable absences (i.e., AEM, AEP, AEU, TR, and A coded absences) in (Course Title) as of (date). This exceeds the 9-day Board Attendance Policy, and therefore the student is at risk of losing HS credit for this course. Provided the student has no additional countable absences, the student will receive credit for (Course Title).
  • Note: Failure to submit a Treatment Provider Questionnaire (TPQ) may delay the 504 team's decision on whether an attendance accommodation is appropriate.
• The student will receive homebound services from XXX to XXX. The student will receive instruction in XXX for XXX hours per week.
• The student will attend XXX reduced day until from XXX to XXX. 
• Bus transportation will be provided based on the reduced day schedule.
• The counselor and student will develop an organizational plan that is shared with teachers and parents. The counselor will regularly follow up with the student to determine progress and to adjust the plan as appropriate. 
• The student will attend Elston XX, SY XX.
• The student will receive bus transportation to and from Elston XX, SY XX.
• Allow more than one study hall per semester.