Special Education

Article 7 is Indiana’s special education law. It outlines important procedural safeguards that protect the rights of students with disabilities and their families. These safeguards are designed to ensure students receive a Free Appropriate Public Education (FAPE), support parent participation, and provide ways to resolve disagreements.

• Introduction to Special Education Law
• IDOE Article 7 (English)
• IDOE Article 7 (Spanish)

This procedure governs actions by employees of Elkhart Community Schools who may need to physically restrain or seclude a student who is engaging in violent or disruptive behavior. Physical restraint and seclusion, in these circumstances, should only be employed when the student’s violent or disruptive behavior causes, or is reasonably likely to cause, imminent risk of injury to the student, other students, and adults; and when law enforcement is not directly involved.

A copy of this plan shall be available to students and their families. This plan shall be copied and available on the district website and in every school office.

I. Use of Restraint

1. School Employee: Any paid school staff, volunteer, contract employee, consultant or any other agent of the school or corporation.
2. De-escalation: Causing a situation to become more controlled, calm and less dangerous, thus lessening the risk for injury to someone.
3. Physical Restraint: Physical contact between a school employee and a student in which the student unwillingly participates and which involves the use of a manual hold to restrict freedom of movement of all or part of a student's body or to restrict normal access to the student's body. The term does not include (1) briefly holding a student without undue force in order to calm or comfort the student, or to prevent unsafe behavior, such as running into traffic or engaging in a physical altercation, (2) physical escort, or (3) physical contact intended to gently assist or prompt a student in performing a task or to guide or assist a student from one area to another. The term does not include the use of a bus harness or other safety equipment used to restrain a student during transport when the harness or safety equipment is necessary for safety purposes.
4. Mechanical restraint: The use of a mechanical device, a material or equipment which is attached or adjacent to a student's body so the student cannot remove, and which restricts the freedom of movement of all or part of the student's body, or restricts normal access to the student's body.
   
   The term does not include a mechanical device, a material or any equipment which is used as authorized by a licensed physician or other qualified healthcare professional. The term also does not include a bus harness or other safety equipment used to restrain a student during transport when the harness or safety equipment is necessary for safety purposes.
5. Chemical Restraint: The administration of a drug or medication to manage a student's behavior or restrict a student's freedom of movement which is not a standard treatment and dosage for the student's medical or psychiatric condition.
6. Imminent: Likely to happen right away; within a matter of minutes.
7. Procedures:
   1. Every effort shall be made to avoid the need for the use of restraint/holds (“physical restraint”) of a student.
   2. Physical restraint shall not be used except when used as a last resort and only when
      1. the student's behavior poses imminent risk of injury to self or others and
      2. other less restrictive interventions are ineffective.
   3. Physical restraint by a school resource officer will follow the officers’ agency training.
   4. A student shall never be physically restrained by a school employee who has not received appropriate training by the school in the use of restraint procedures except in rare and clearly unavoidable emergency circumstances when fully trained school personnel are not immediately available. Untrained staff shall request assistance from trained staff as soon as possible.
   5. Physical restraint of a student, including physical restraint by a school employee, may only be used for a short period of time and shall be discontinued as soon as the imminent risk of injury to self or others has dissipated.
   6. While transporting a student on a moving vehicle, a bus harness or other safety equipment may be required and is permissible for safety purposes. The need and use of any bus harness or safety equipment used to keep a student safe during transportation must be documented either in the student’s IEP, behavior intervention plan, or transportation safety plan. Mechanical or chemical restraints are otherwise not authorized.
   7. The use of any drug, medication, or other chemical to control behavior or restrict freedom of movement (except as authorized by a licensed physician or other qualified healthcare professional) is prohibited.
   8. A school employee may never give a student any drug or medication which is not a standard treatment or dosage, or both, for the student's medical or psychiatric condition unless otherwise prescribed by a physician.
   9. Every incident in which restraint is used shall be carefully, continuously, and visually monitored to ensure the safety of the student, other students, and school employees.
   10. Immediately after the imminent risk of injury to self or others has dissipated, the student should no longer be physically restrained and a school employee, not involved with the restraint, shall examine the student to ascertain if any injury has been sustained during the restraint of the student. This person will document the examination on the physical restraint form.

II. When Restraint Procedures Shall Not Be Employed

1. Physical restraint shall not be used unless the student's behavior poses imminent risk of injury to self or others, and other less restrictive interventions are ineffective.
2. A verbal threat or verbally aggressive behavior does not, in itself, indicate an imminent risk of injury and shall not result in restraint.
3. Destruction or damage to property does not constitute a risk of imminent injury unless in so doing a risk of injury to the student or others is created.
4. When known medical or physical condition of the student would make physical restraint dangerous for said student, physical restraint shall not be used.
5. Restraint shall never be used as a punishment, or to force compliance with staff commands.
6. Prone or Supine forms of restraint are not authorized in school and shall be avoided.
7. Restraint shall never be used in a manner restricting a student’s breathing or harming a student.

III. Use Of Seclusion

Seclusion: The confinement of a student in a room or area from which the student physically is prevented from leaving.

1. Every effort shall be made to avoid the need for the use of seclusion of a student.
2. Seclusion shall not be used except when used as a last resort and only when
   1. the student's behavior poses imminent risk of injury to self or others, and
   2. other, less restrictive, interventions are ineffective.
3. Seclusion by a school resource officer will follow the officer’s agency training.
4. A student shall never be secluded by a school employee who has not received appropriate training by the school in the use of seclusion procedures except in rare and clearly unavoidable emergency circumstances when fully trained school personnel are not immediately available. Untrained staff shall request assistance from trained staff as soon as possible.
5. Seclusion of a student may only be used for a short period of time and shall be discontinued as soon as the imminent risk of injury to self or others has dissipated.
6. Every incident in which seclusion is used, including every incident involving a school resource officer, shall be carefully, continuously, and visually monitored to ensure the safety of the student, other students, and school employees.
7. Immediately following the imminent risk of injury to self or others has dissipated, the student should no longer be secluded and a school employee, not involved with the restraint, shall examine the student to ascertain if any injury has been sustained during the seclusion of the student. This person will document the examination on the seclusion form.
8. Time out does not constitute seclusion (see section VI).
9. All seclusion environments shall be inspected and shall
   1. be of reasonable size to accommodate the student and at least one adult;
   2. have adequate ventilation including heat and air conditioning as appropriate;
   3. have adequate lighting;
   4. be free of any potential or predictable safety hazards such as electrical outlets, equipment, and breakable glass;
   5. permit direct continuous visual and auditory monitoring of the student;
   6. permit automatic release of any locking device if fire or other emergency in the school exists;
   7. if locked, shall be automatically released after five minutes or with any building wide alarm (such as fire, tornado or code red alarm); and
   8. meet current fire and safety codes.

IV. When Seclusion procedures shall not be used

1. Seclusion shall not be used unless the student's behavior poses imminent risk of injury to self or others, and other less restrictive interventions are ineffective.
2. A verbal threat or verbally aggressive behavior does not itself indicate an imminent risk of injury, and shall not result in seclusion.
3. Destruction or damage to property does not constitute a risk of imminent injury unless, in so doing, a risk of injury to the student or others is created.
4. When known medical or physical condition of the student would make seclusion dangerous for said student, the student may not be excluded.
5. Seclusion shall never be used as a punishment or to force compliance with staff commands.
6. Seclusion shall never be used unless a school employee can continuously monitor the student for visual or auditory signs of physiological distress and can communicate with the student.

V. Escort/Transportation

Transportation is defined as moving a student from one place to another against their will. Per the policy of Elkhart Community Schools, students will not be transported when placed in a hold and will not move on their own. An escalated student shall be managed where they are until they are able to move on their own. This may require removing other students, staff, and objects from the immediate area until the risk has passed.
An escort is defined as physical contact intended to gently assist or to guide a student from one area to another. This may only be used to move a student from one place to another if the student is willing and able to walk on their own. Standard CPI or other district adopted hold techniques may be used to provide an escort.

VI. Time-Out

Time-out is a behavior reduction procedure in which access to reinforcement is withdrawn for a certain period of time. Time-out occurs when the ability of a student to receive normal reinforcement in the school environment is restricted. Time-out shall be both developmentally and behaviorally appropriate and shall be short in duration.

VII. Debriefing

1. Within two school days, after every incident in which seclusion or restraint is used on a student, the school administrator or designee shall do the following:
   1. Meet with at least one school employee who participated in the implementation, monitoring, and supervision of the seclusion or restraint to discuss whether proper seclusion or restraint procedures were followed, including the use of proper procedures to prevent the need for restraint or seclusion.
2. When applicable, the procedures described in manifestations 511 IAC 7-44-5 should be followed.

VIII. Incident Documentation and Reporting

1. Every incident in which seclusion or restraint is used on a student shall be documented in order to memorialize the events leading up to the use of either seclusion or restraint. Due to monitoring guidelines, seclusions and restraint must be documented separately. Forms can be found here: Seclusion, Restraint
2. Documentation must be made on the form prescribed by the school and shall include the following:
   1. student's name;
   2. date and time of the incident;
   3. duration of any seclusion or restraint or the beginning and ending times of the restraint or seclusion, or both;
   4. description of any relevant events leading up to the incident;
   5. description of the incident or student behavior resulting in implementation of seclusion or restraint including a description of the danger of injury which resulted in the seclusion or restraint;
   6. description of relevant interventions used immediately prior to the implementation of seclusion or restraint;
   7. summary of the student's behavior during seclusion or restraint, including a description of the restraint technique or techniques used and any other interaction between the student and staff;
   8. description of any injuries to students, staff, or others or property damage;
   9. list of school employees who participated in the implementation, monitoring and supervision of the seclusion or restraint; and,
   10. if applicable, a statement that intervention used was consistent with the student’s most current behavioral intervention plan or IEP.
3. The building administrator or designee shall attempt to verbally report every incident in which seclusion or restraint is used on a student to the student's parent or guardian no later than the end of the school day or a maximum of 24 hours after the incident and offer the opportunity to request a meeting regarding the incident of restraint or seclusion.
4. The building administrator or designee shall also send written notification, within a week of the incident, to the student’s parent or guardian after every incident in which seclusion or restraint is used on a student.
5. A copy of the seclusion or restraint form will be sent to the Department of Exceptional Learners and to the Director of Safety, Security, and Risk Management for review and reporting.
6. A copy of the restraint or seclusion form shall be kept in the student’s confidential file once sent to the parent or guardian.

IX. Positive Behavior Support and Behavior Intervention Plans

1. Behavioral intervention plan: A plan developed by the district, agreed upon by the case conference committee (as defined in IC 20-35-7-2), incorporated into a student's IEP (as defined in IC 20-18-2-9) and describes the following:
   1. The pattern of behavior that impedes the student's learning or the learning of others.
   2. The purpose or function of the behavior as identified in a functional behavioral assessment.
   3. The positive interventions and supports, and other strategies, to:
      1. address the behavior; and
      2. maximize consistency of implementation across people and settings in which the student is involved.
   4. If applicable, the skills that will be taught and monitored in an effort to change a specific pattern of behavior of the student.
2. The behavioral intervention plan seeks to maximize consistency of implementation across people and settings in which the student is involved.
3. Functional Behavioral Assessment: Has the same meaning set forth in 511 IAC 7-32-41.
4. Positive Behavior Intervention and Support: a systematic approach using evidence based practices and data driven decision making to improve school climate and culture, including a range of systematic and individualized strategies to reinforce desired behavior and diminish reoccurrence of problem behavior to achieve improved academic and social outcomes and increase learning for all students.
5. Procedures:
   1. If a student with an IEP needs to be placed in a hold or secluded, then a case conference committee meeting should be convened to discuss the need for a functional behavior assessment and behavior intervention plan. Specific instructions on how to complete an FBA/BIP in Indiana IEP can be found here.
   2. If a student without a disability is placed in more than one hold or requires seclusion more than once, they must be referred to the building-level MTSS team. The building-level MTSS team will conduct a functional behavior assessment, create a behavior intervention plan, and ensure the plan is implemented with fidelity and reviewed every six weeks.
   3. Functional behavior assessment and behavior intervention plan documentation.

X. Training

Prevention and Conflict De-escalation Training: Training which is provided broadly to school staff on how to prevent, defuse and de-escalate potential behavioral crisis situations without physical contact between a school employee and a student.

1. Elkhart Community Schools will provide all school employees with training on
   1. appropriate use of effective alternatives to physical seclusion and restraint;
   2. conflict de-escalation procedures;
   3. positive supports and behavioral interventions techniques;
   4. dangers of seclusion and restraint;
   5. procedures for contacting fully trained and certified staff when behavioral crises occur;
   6. the safe use of seclusion and restraint;
   7. steps to avoid the use of seclusion or restraint; and
   8. debriefing practices and procedures.
2. In addition, school employees must be trained.
3. This training will be recurrent and will be provided to new school employees.
4. Recurrent training on de-escalation techniques will be provided to school employees on a regular basis; at least annually.
5. A core group of appropriate personnel will be trained in each building in crisis intervention techniques, which will include the use of seclusion and restraint procedures.
6. Staff trained on Crisis Prevention Interventions or district adopted de-escalation and restraint training will be recertified every two years. Additional training will be provided on an as needed basis when deemed necessary by district trainers. This training schedule will ensure staff are up to date on holding techniques.

XI. Annual Review, Planning Process and Oversight

1. An Elkhart Community Schools district administrator (or designee) will be designated as the coordinator of data, planning, and oversight of the use of seclusion or restraint procedures.
2. Elkhart Community Schools shall establish a Committee or use a standing committee to conduct an annual review of all individual and program-wide data associated with this policy. The Committee shall review the following components related to the use of restraint:
   1. incident reports;
   2. procedures used during restraint, including the proper administration of specific Elkhart Community Schools approved restraint techniques;
   3. preventative measures or alternatives tried, techniques or accommodations used to avoid or eliminate the need of the future use of restraint;
   4. documentation and follow-up of procedural adjustments made to eliminate the need for future use of restraint;
   5. injuries incurred during a restraint;
   6. notification procedures;
   7. staff training needs;
   8. specific patterns related to staff or student incidents; and
   9. environmental considerations, including physical space, student seating arrangements, and noise levels.
3. Upon review of the data, the Committee shall identify any issues and/or practices requiring further attention and provide written recommendations to the Superintendent of Schools for changes in policies or practices. The Committee can recommend review of the training program to ensure the most current knowledge and techniques are reflected in the training curriculum.

XII. Crisis Response Teams and Crisis Codes

Crisis Response Teams: A team of 4-5 school staff members, chosen by the building administrator, will receive CPI or school adopted crisis training, and crisis response team training. All team members must have the capacity to complete Crisis Prevention Physical Skills Training and be able to respond in crisis situations. A Crisis Response Team Member must be physically able to:

• Respond quickly to crisis situations
• Demonstrate the ability to physically manage a student in a crisis situation
  • Get up and down off the floor;
  • Lift and transport up to fifty (50) pounds

Codes for Crisis Response Team Deployment

In the event one or more of the building's Crisis Response Team members are needed to assist with an incident, the following codes shall be used via the school public address system or radio to contact team members so they can respond appropriately. Following the announcement of the code, the location should be given for the fastest response.

• Code 1: A student is showing signs they are escalating and additional support is needed to guide them to a safe location or de-escalate them in the current location. For Code 1 response, at least one member of the Crisis Response Team should respond to assist.
• Code 2: A student has escalated and poses an imminent risk of injury to self or others and additional support is needed to de-escalate the student and move them to a safe location. For Code 2 response, at least two members of the Crisis Response Team should respond to assist.
• Code 3: The student’s behavior has resulted in serious injury to self or others. For Code 3, all available Crisis Response Team members are to respond immediately to the incident location to assist in managing students and staff.

Social Security

Supplemental Security Income (SSI) provides monthly payments to people, including children, with qualifying disabilities. If your child is working, benefits counseling can help explain how SSI may be affected by income and employment.

Insurance

Public insurance options may include Medicaid, Medicaid Disability, and Children’s Special Health Care Services. Eligibility is often based on the student’s needs — not the family’s income.

Waivers

Medicaid Waivers, managed through the Bureau of Developmental Disabilities Services (BDDS), can provide additional support regardless of family income. For questions, contact ECS Transition Specialist Sharon Dutkowski at sdutkowski@elkhart.k12.in.us, talk with your child’s Teacher of Record, or connect with the Department of Exceptional Learners.

Ages 3–21

Educational options vary based on your student’s age and needs. It’s important to know your rights as a parent under Indiana’s Article 7 special education rules.

Age 14 or 9th Grade

Transition IEP planning begins the year a student turns 14 or enters 9th grade. These plans help students build goals for education, work, and independent living. Students are encouraged to participate in this process. For pre-employment training services, contact Monica Davis at monica.davis@fssa.in.gov.

Age 16 or 11th Grade

Vocational Rehabilitation should be part of the IEP team starting at age 16. For support, contact:

• Tamara Sandoval
• Marcia Acord
• VRElkhart.VR@fssa.in.gov

Before Age 18

At 18, students are legally considered adults. Consider guardianship or Power of Attorney before your child turns 18. It’s best to start planning by age 17.

After high school, students receive the Indicator 14 survey. They may also benefit from continuing education in ECS’s Young Adult Program.

Elkhart Community Schools – Department of Exceptional Learners

2720 California Road, Elkhart, IN 46514
Phone: 574-262-5540
Fax: 574-262-5548
Email: cstevens@elkhart.k12.in.us

All questions and concerns should first be addressed at your student’s school.

• ECS School Information
• Special Education Staff by Building

IN*SOURCE

Email: insource@insource.org
Phone: 574-234-7101 or 800-332-4433
Parent-to-Parent Guide

Indiana Department of Education – Special Education

Email: specialeducation@doe.in.gov
Phone: 317-232-0570 or 877-851-4106

BDDS – Bureau of Developmental Disabilities Services

Phone: 574-232-1412
Learn about Medicaid Waivers

FINDER

FINDER provides 24/7 access to a wide range of disability-related resources in Indiana.

Family Voices

Offers fact sheets and program info for families of children with disabilities.

Follow ECS Special Education on Facebook

In compliance with procedural requirements of Section 504 of the Rehabilitation Act of 1973 (34 CFR 104), the following Notice of Parent/Student Rights In Identification, Evaluation, and Placement shall be utilized in the Elkhart Community Schools.  Here is a link to more information on the federal government website: http://www.ed.gov/aboutloffices/listlocr/docs/howto.htm/
The following list of rights and options are given to insure the parent's awareness of regulations about the evaluation of and/or special instruction which may be offered to his/her child. The parent also has the right to meet with the Superintendent or designee, the local School Board, or the Regional Office for Civil Rights to resolve objections to either evaluation or educational placement. Please contact the Exceptional Learners Department at 574-262-5857.
The following is a description of the rights and options granted by federal law to students with disabilities.   The intent of the law is to keep you fully informed concerning decisions about your child and to inform you of your rights if you disagree with any of these decisions. You have the right to:

1. Have your child take part in, and receive benefits from, public education programs without discrimination because of his/her disabling condition.
2. Have the school district advise you of your rights and options under federal law. (34 CFR 104.32)
3. Receive notice with respect to identification, evaluation, or placement of your child. (34 CFR 104.36)
4. Have your child receive a free appropriate public education. This includes the right to be educated with students without disabilities to the maximum extent appropriate.  It also includes the right to have the school district make reasonable accommodations to allow your child an equal opportunity to participate in school and school-related activities, as well as to have the school district provide free educational services (with the exception of certain costs normally paid by the parents of non-disabled students. (34 CFR 104.33 and 104.34)
5. Have your child educated in facilities and receive services comparable to those provided to students without disabilities. (34 CFR 104.34)
6. Have your child receive special education and related services if he/she is found to be eligible under the Individuals with Disabilities Education Act (IDEA -PL. 101-476), and/or general education intervention/modifications outside of special education under Section 504 of the Rehabilitation Act of 1973.
7. Have evaluation, educational, and placement decisions made based upon a variety of information sources and by persons who know the student, evaluation data, and placement options. (34 CFR 104.35)
8. Have transportation provided to and from an alternative placement setting at no greater cost to you than would be incurred if the student were placed in a program operated by the district.
9. Have your child given an equal opportunity to participate in non-academic and extracurricular activities offered by the district.
10. Examine all relevant records relating to decisions regarding your child's identification, evaluation, educational program, and placement. (34 CFR 104.36)
11. Obtain copies of educational records at a reasonable cost unless the fee would effectively deny you access to the records. (34 CFR 104.36)
12. Receive a response from the school district to reasonable requests for explanations and interpretations of your child's records. (34 CFR 104.36)
13. Request amendment of your child's educational records if there is reasonable cause to believe that they are inaccurate, misleading, or otherwise in violation of the privacy rights of your child. If the school district refuses this request for amendment, it shall notify you within a reasonable time and advise you of the right to a hearing. This hearing will be according to the Family Educational Rights and Privacy Act (FERPA) and should not be confused with an impartial due process hearing. (34 CFR 104.36)
14. Request mediation, an impartial hearing, or review (appeal) related to decisions or actions regarding your child's identification, evaluation,educational program, or placement. The costs for mediation and/or the hearing are borne by the local school corporation. You and the student may take part in the hearing and have an attorney represent you.
15. Request a hearing.  Requests must be made to the Superintendent of Schools. The following details the procedure:
1. If the parent/guardian disagrees with the identification, evaluation, educational placement, or the provision of a free appropriate public education for his/her child, the parent/guardian may make a written request for a hearing to the Superintendent of Schools, indicating the specific reason(s) for the request. A copy of the request may be filed with the nearest Regional Office for Civil Rights.
2. The local school district may initiate a hearing regarding the identification, evaluation, or educational placement of the student or the provision of a free appropriate public education to the student. The local school district shall notify the parent of the specific reason(s) for the request.
3. Such hearings shall be conducted within twenty (20) instructional days after the request, unless the hearing officer grants an extension, and at a time and place reasonably convenient to the parent. Upon receipt of the parent's or local school district's request for a hearing, the local Superintendent or designee shall designate the independent hearing officer. The local school district shall bear all costs pertaining to the hearing, including the transcription, hearing officer's fee, and expenses, but shall not be responsible for the fees and expenses incurred by the parent/guardian. The parent involved in a hearing shall be given the right to have the child who is the subject of the hearing present, and/or open the hearing to the public, and be represented by legal counsel or other representative.
4. During the pendency of the hearing, unless the local school district and the parent of the child agree otherwise, the child involved in the proceeding shall remain in his/her present educational placement. If there is a dispute regarding this present placement, the hearing officer shall order an interim placement. The present educational placement of the child shall include normal grade advancement if the proceedings extend beyond the end of a school year. If the issue involves an application for initial admission to school, the child, with the consent of the parent, shall be placed in the school until the completion of the proceedings. In the absence of an agreement, the hearing officer shall determine the child's placement during the proceedings.
5. The child and the parent shall have the right to legal counsel and/or other representation of their own choosing. The local school district may inform the parent of any free or low-cost legal services available in the area if the parent requests the information or if the local school district initiates a hearing. The decision of the hearing officer shall be based solely upon the evidence presented at the hearing. The school shall bear the burden of proof as to the appropriateness of any placement, transfer, or the denial of the same.
6. A tape recording or other verbatim record of the hearing shall be made and transcribed and, upon request, shall be made available to the parent or the parent's representative at local school district's expense. At a reasonable time prior to the hearing, during school hours, the parent or the parent's representative shall be given access to all records of the local school district and any of its agents or employees pertaining to the child, including all tests and reports upon which the proposed action may be based. The parent or parent's representative shall have the right to compel the attendance, to confront, or to cross-examine any witness who may have evidence upon which the proposed action may be based. The parent or the parent's representative and local school district shall have the right to present evidence and testimony, including expert medical, psychological, or educational testimony. Introduction of any evidence at the hearing that has not been disclosed to both parties at least five (5) days before the hearing is prohibited, subject to the discretion of the hearing officer.
7. Within fifteen (15) instructional days after the hearing. the hearing officer shall render a decision in writing. Such decisions shall include findings of fact, conclusions of law, and orders, if necessary, which will be binding on all parties. The dated decision shall be sent by mail to the parent and the Superintendent of the school and shall contain a notice of the right to review the decision. The decision shall be implemented no later than twenty (20) instructional days following the date of the decision, unless review is sought by either party. Should the parent/guardian be represented by legal counsel and ultimately prevail on the issues at the hearing. the parent/guardian may be entitled to payment of all or part of the attorney fees and the cost incurred by the parent/guardian.
16. Request a review (appeal) of the hearing should you not prevail. The following details the procedure:
1. A petition to review (appeal) the decision of a hearing officer may be made by any party to the hearing. The request must be in writing. filed with the local Superintendent and the opposing party, be specific as to the objections, and be filed within twenty (20) instructional days of the date the hearing officer's decision is received. The school corporation is responsible for hiring an independent Review (Appeals) Officer to conduct an impartial review of the record as a whole and may, at its election, conduct its review with or without oral argument. Such review shall be conducted within twenty (20) instructional days of the receipt of the Petition for Review, unless either party requests an extension of time or the Board on its own motion extends the timelines.
2. The Review (Appeals) Officer shall ensure a transcription is prepared of its review and made available upon request of any party.
3. Any party disagreeing with the decision of the Review (Appeals) Officer may appeal to the Regional Office for Civil Rights.s prepared for its review.          
17. File a local grievance to resolve complaints of discrimination.  The procedure is as follows:
1. An alleged grievance under Section 504 must be filed in writing fully setting out the circumstances giving rise to such grievance.
2. Such claims must be made in writing and filed with the Section 504 Coordinator, 2720 California Rd., Elkhart, IN 46514.
3. A hearing will be conducted according to the procedures outlined in the regulations implementing the Family Educational Rights and Privacy Act (FERPA).
4. The Section 504 Coordinator will appoint a hearing officer who will conduct a hearing within a reasonable time after the request was received.
5. The Section 504 Coordinator shall give the parent, student, or employee reasonable advance notice of the date, time, and place of the hearing.
6. The hearing may be conducted by any individual, including an official of the local school district, who does not have a direct interest in the outcome of the hearing.
7. The local school district shall give the parent, student, or employee full and fair opportunity to present evidence relevant to the issues raised. The parent, student, or employee may, at their own expense, be assisted or represented by individuals of his or her choice, including an attorney.
8. The local school district shall make its decision in writing within fifteen (15) days after the hearing.
9. The decision must be based solely on the evidence presented at the hearing and shall include a summary of the evidence and reasons for the decision.
18. File a complaint with the Office for Civil Rights (OCR) of the Department of Education. The Federal address is: 400 Maryland Avenue, SW., Washington, D.C. 20202-1100, 1-800-421-3481. F: (202) 245-6840; TDD: (877) 521-2172; email: OCR@ed.gov; web: http://www.ed.gov/ocr/

• Elementary Schools: Contact your child's school principal.
• Secondary Schools: Contact your child's school counselor.
• District-Level: 574-262-5861