What is Section 504?

1. Section 504Chancellor’s Regulation A-710Manhattan Integrated Service CenterHealth Directors:Fred Kaeser, EdD.(Fkaeser@schools.nyc.gov)Norberto Perez(Nperez4@schools.nyc.gov)

2. What is Section 504? • Section 504 of the Rehabilitation Act of 1973 is a federal statute (anti-discrimination law), which protects the rights of individuals with disabilities to equal opportunity in programs and activities which receive federal funds. • Section 504 is intended to level the playing field for individuals with disabilities so, for example, students can fully participate in school.

3. Who is Eligible? To be eligible for protections under Section 504, the student must have… • a physical or mental impairment and, • a major life activity is affected by the impairment and, • the impairment is substantial (means the disability produces considerable impairment-the impact must be long-term or permanent, and it prevents or severely restricts a person from performing major life activities) Note: Generally speaking, if a student is covered under IDEA there is no obligation to cover her/him under Section 504.

4. Major life activities include: Walking Seeing Hearing Speaking Breathing Learning Working Caring for oneself Performing manual tasks Whatare Major Life Activities?

5. What is a 504 Team? • All schools must designate a Section 504 Coordinator • The 504 Team should be comprised of at least two staff and the student’s parent (at least one person who is familiar with student’s abilities; one who can interpret reports/evaluations; one who is knowledgeable of possible accommodations needed to meet student’s needs) • The Team should be “fluid”. That is, staff knowledgeable of student should be invited to participate as needed • The 504 Team determines the need for accommodations or special services based upon information drawn from a variety of sources (teacher, school staff, outside evaluations and reports, tests and assessments, medical professional, etc.)

6. Timeline • The 504 assessment meeting should be scheduled within 30 days of an initial written request for accommodations or a change to the student’s 504 plan • The student’s parent should be notified in writing of the meeting at least 5 days prior to meeting • If a parent does not respond to the school’s first notice to meet, a 2nd notice must be made (if the parent does not respond or declines to attend, the meeting may be held without the parent)

7. Section 504Accommodations • Accommodations and Special Services– any kind of change in the school or classroom structure, schedule or instruction that allows student to participate in all school activities Educationally related services such as PT, OT, special education teacher support services, Mandated Counseling, speech, and paraprofessional for behavior problems are covered under IDEA and NOT Section 504.

8. Testing Accommodations • There should be a direct link between instructional accommodations used in the classroom (e.g. large type/print materials, providing answers orally, extended time, etc.) and testing accommodations • Testing accommodations are not intended to alter the construct of the test being measured (e.g. cannot use a calculator for math assessment that tests computational skills or read aloud reading passages for a reading comprehension test • Testing accommodations are changes made in the administration of the test in order to remove obstacles to the test-taking process that are presented by the disability without changing the constructs being tested. Those most frequently required are: …flexibility in scheduling/timing …flexibility in the setting used for the administration of testing …changes in the method of presentation …changes in the method of response

9. Accommodation Plan • Once a determination for an accommodation plan is needed, the 504 Coordinator shall notify the parent in writing of the decision of the 504 team. The notice shall include the parent’s right to challenge any decision made by the 504 team • If the 504 team determines that accommodations are required, it shall draft a 504 Plan for the student • No accommodation plan may be implemented without written parental consent • The parent will be provided two copies of the Accommodation Plan for her/his approval and signature (the parent may withdraw consent to the accommodation plan at any time)

10. Emergency 504 Testing Accommodations • The principal identifies emergency circumstances (e.g. injury sustained or disability diagnosed within 30 days of state of city tests) • Principal makes decision based on an assessment of the specific circumstances and grants the student applicable testing accommodation. Principal should consult with the Division of Assessment and Accountability when determining permissible accommodations • Principal maintains record of all emergency accommodations and sends detailed report of each to the Office of State Assessment in Albany • Principal immediately refers the matter to the school’s 504 Coordinator. The 504 team must convene immediately after the examination and follow standard procedures

11. Annual Review • All 504 Accommodation Plans must be reviewed by the 504 Coordinator on an annual basis before the end of the school year • The 504 Coordinator will forward request forms for the upcoming school year to all parents whose children had a 504 Accommodation Plan during the school year • If there was a physician’s diagnosis as part of the original 504 accommodations request or as an on-going medical diagnosis, an annual note from the physician must be obtained • If there are no changes to the Accommodation Plan that are needed, the parent should sign the form and return it to the 504 Coordinator • If either the parent or school staff responsible for implementing the 504 plan indicate a problem or need for modifying the plan, the 504 Team must convene to modify the plan

12. The ISC Health Director • A 504 Team should consult with the ISC Health Director on any matter pertaining to a 504 plan; including requests for any outside resources • A copy of the 504 request and plan should be submitted to the ISC Health Director

13. ISC Health Directors • Bronx ISC: Dawn Carter and Alma Idehen • Brooklyn ISC: Dr. Delia Loney and Neil Somerfeld • Queens ISC: Janice Blake and Carine Jean-Pierre • Staten Island ISC: Helena Bowens and Jody Stoll

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