Section 504Section 504

Chancellor’s Regulation A-710Chancellor’s Regulation A-710

Manhattan Integrated Service CenterManhattan Integrated Service Center

Health Directors:Health Directors:

Fred Kaeser, EdD.Fred Kaeser, EdD.((Fkaeser@schools.nyc.govFkaeser@schools.nyc.gov))

Norberto PerezNorberto Perez((Nperez4@schools.nyc.govNperez4@schools.nyc.gov))

What is Section 504?What is Section 504?

Section 504 of the Rehabilitation Act of 1973 is Section 504 of the Rehabilitation Act of 1973 is a federal statute (anti-discrimination law), a federal statute (anti-discrimination law), which protects the rights of individuals with which protects the rights of individuals with disabilities to equal opportunity in programs disabilities to equal opportunity in programs and activities which receive federal funds.and activities which receive federal funds.

Section 504 is intended to level the playing Section 504 is intended to level the playing field for individuals with disabilities so, for field for individuals with disabilities so, for example, students can fully participate in example, students can fully participate in school.school.

Who is Eligible?Who is Eligible?

To be eligible for protections under Section 504, the To be eligible for protections under Section 504, the student must have…student must have…

a a physical or mental impairmentphysical or mental impairment and, and, a a major life activity is affected by the impairment major life activity is affected by the impairment

and,and, the impairment is the impairment is substantial substantial (means the (means the

disability produces considerable impairment-the disability produces considerable impairment-the impact must be long-term or permanent, and it impact must be long-term or permanent, and it prevents or severely restricts a person from prevents or severely restricts a person from performing major life activities)performing major life activities)

Note: Generally speaking, if a student is covered Note: Generally speaking, if a student is covered under IDEA there is no obligation to cover her/him under IDEA there is no obligation to cover her/him under Section 504.under Section 504.

WhatWhat are Major Life Activities?are Major Life Activities?

Major life activities include:Major life activities include: WalkingWalking SeeingSeeing HearingHearing SpeakingSpeaking BreathingBreathing LearningLearning WorkingWorking Caring for oneselfCaring for oneself Performing manual tasksPerforming manual tasks

What is a 504 Team?What is a 504 Team? All schools must designate a Section 504 CoordinatorAll schools must designate a Section 504 Coordinator The 504 Team should be comprised of at least two The 504 Team should be comprised of at least two

staff and the student’s parent (at least one person staff and the student’s parent (at least one person who is familiar with student’s abilities; one who can who is familiar with student’s abilities; one who can interpret reports/evaluations; one who is interpret reports/evaluations; one who is knowledgeable of possible accommodations needed knowledgeable of possible accommodations needed to meet student’s needs)to meet student’s needs)

The Team should be “fluid”. That is, staff The Team should be “fluid”. That is, staff knowledgeable of student should be invited to knowledgeable of student should be invited to participate as neededparticipate as needed

The 504 Team determines the need for The 504 Team determines the need for accommodations or special services based upon accommodations or special services based upon information drawn from a variety of sources (teacher, information drawn from a variety of sources (teacher, school staff, outside evaluations and reports, tests school staff, outside evaluations and reports, tests and assessments, medical professional, etc.)and assessments, medical professional, etc.)

TimelineTimeline

The 504 assessment meeting should be The 504 assessment meeting should be scheduled within 30 days of an initial written scheduled within 30 days of an initial written request for accommodations or a change to the request for accommodations or a change to the student’s 504 planstudent’s 504 plan

The student’s parent should be notified in writing The student’s parent should be notified in writing of the meeting at least 5 days prior to meetingof the meeting at least 5 days prior to meeting

If a parent does not respond to the school’s first If a parent does not respond to the school’s first notice to meet, a 2notice to meet, a 2ndnd notice must be made (if the notice must be made (if the parent does not respond or declines to attend, parent does not respond or declines to attend, the meeting may be held without the parent)the meeting may be held without the parent)

Section 504Section 504

AccommodationsAccommodations

Accommodations and Special Services– any Accommodations and Special Services– any kind of change in the school or classroom kind of change in the school or classroom structure, schedule or instruction that allows structure, schedule or instruction that allows student to participate in all school activities student to participate in all school activities

Educationally related services such as PT, OT, Educationally related services such as PT, OT, special education teacher support services, special education teacher support services, Mandated Counseling, speech, and Mandated Counseling, speech, and paraprofessional for behavior problems are paraprofessional for behavior problems are covered under IDEA and NOT Section 504.covered under IDEA and NOT Section 504.

Testing AccommodationsTesting Accommodations There should be a direct link between instructional There should be a direct link between instructional

accommodations used in the classroom (e.g. large type/print accommodations used in the classroom (e.g. large type/print materials, providing answers orally, extended time, etc.) and materials, providing answers orally, extended time, etc.) and testing accommodationstesting accommodations

Testing accommodations are not intended to alter the construct Testing accommodations are not intended to alter the construct of the test being measured (e.g. cannot use a calculator for of the test being measured (e.g. cannot use a calculator for math assessment that tests computational skills or read aloud math assessment that tests computational skills or read aloud reading passages for a reading comprehension testreading passages for a reading comprehension test

Testing accommodations are changes made in the Testing accommodations are changes made in the administration of the test in order to remove obstacles to the administration of the test in order to remove obstacles to the test-taking process that are presented by the disability without test-taking process that are presented by the disability without changing the constructs being tested. Those most frequently changing the constructs being tested. Those most frequently required are:required are:……flexibility in scheduling/timingflexibility in scheduling/timing……flexibility in the setting used for the administration of testingflexibility in the setting used for the administration of testing……changes in the method of presentationchanges in the method of presentation……changes in the method of responsechanges in the method of response

Accommodation PlanAccommodation Plan Once a determination for an accommodation plan is Once a determination for an accommodation plan is

needed, the 504 Coordinator shall notify the parent needed, the 504 Coordinator shall notify the parent in writing of the decision of the 504 team. The in writing of the decision of the 504 team. The notice shall include the parent’s right to challenge notice shall include the parent’s right to challenge any decision made by the 504 teamany decision made by the 504 team

If the 504 team determines that accommodations If the 504 team determines that accommodations are required, it shall draft a 504 Plan for the studentare required, it shall draft a 504 Plan for the student

No accommodation plan may be implemented No accommodation plan may be implemented without written parental consentwithout written parental consent

The parent will be provided two copies of the The parent will be provided two copies of the Accommodation Plan for her/his approval and Accommodation Plan for her/his approval and signature (the parent may withdraw consent to the signature (the parent may withdraw consent to the accommodation plan at any time)accommodation plan at any time)

Emergency 504 Testing Emergency 504 Testing AccommodationsAccommodations

The principal identifies emergency circumstances (e.g. The principal identifies emergency circumstances (e.g. injury sustained or disability diagnosed within 30 days of injury sustained or disability diagnosed within 30 days of state of city tests)state of city tests)

Principal makes decision based on an assessment of the Principal makes decision based on an assessment of the specific circumstances and grants the student applicable specific circumstances and grants the student applicable testing accommodation. Principal should consult with the testing accommodation. Principal should consult with the Division of Assessment and Accountability when Division of Assessment and Accountability when determining permissible accommodationsdetermining permissible accommodations

Principal maintains record of all emergency Principal maintains record of all emergency accommodations and sends detailed report of each to the accommodations and sends detailed report of each to the Office of State Assessment in AlbanyOffice of State Assessment in Albany

Principal immediately refers the matter to the school’s Principal immediately refers the matter to the school’s 504 Coordinator. The 504 team must convene 504 Coordinator. The 504 team must convene immediately after the examination and follow standard immediately after the examination and follow standard procedures procedures

Annual ReviewAnnual Review All 504 Accommodation Plans must be reviewed by the 504 All 504 Accommodation Plans must be reviewed by the 504

Coordinator on an annual basis before the end of the school Coordinator on an annual basis before the end of the school yearyear

The 504 Coordinator will forward request forms for the The 504 Coordinator will forward request forms for the upcoming school year to all parents whose children had a 504 upcoming school year to all parents whose children had a 504 Accommodation Plan during the school yearAccommodation Plan during the school year

If there was a physician’s diagnosis as part of the original 504 If there was a physician’s diagnosis as part of the original 504 accommodations request or as an on-going medical diagnosis, accommodations request or as an on-going medical diagnosis, an annual note from the physician must be obtainedan annual note from the physician must be obtained

If there are no changes to the Accommodation Plan that are If there are no changes to the Accommodation Plan that are needed, the parent should sign the form and return it to the needed, the parent should sign the form and return it to the 504 Coordinator504 Coordinator

If either the parent or school staff responsible for If either the parent or school staff responsible for implementing the 504 plan indicate a problem or need for implementing the 504 plan indicate a problem or need for modifying the plan, the 504 Team must convene to modify the modifying the plan, the 504 Team must convene to modify the planplan

The ISC Health DirectorThe ISC Health Director

A 504 Team should consult with the ISC Health A 504 Team should consult with the ISC Health Director on any matter pertaining to a 504 plan; Director on any matter pertaining to a 504 plan; including requests for any outside resourcesincluding requests for any outside resources

A copy of the 504 request and plan should be A copy of the 504 request and plan should be submitted to the ISC Health Directorsubmitted to the ISC Health Director

ISC Health DirectorsISC Health Directors

Bronx ISC: Dawn Carter and Alma IdehenBronx ISC: Dawn Carter and Alma Idehen Brooklyn ISC: Dr. Delia Loney and Neil SomerfeldBrooklyn ISC: Dr. Delia Loney and Neil Somerfeld Queens ISC: Janice Blake and Carine Jean-PierreQueens ISC: Janice Blake and Carine Jean-Pierre Staten Island ISC: Helena Bowens and Jody StollStaten Island ISC: Helena Bowens and Jody Stoll

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