1 Section 504 Clarkstown Central School District Office of Pupil Services Dr. Carol Gannon, Associate Superintendent Barbara Auriemma, Office of Special Programs

2 Table of Contents General Purpose3 Placement Procedures 11 Who is Covered?4 Reevaluation 12 IDEA and Section 5045 Due Process 13 Comparison Chart6 Section 504 Coordinator 14 Eligible Students7 Office of Civil Rights 15 Identification and Evaluation 8 District Procedures Building Liaisons 9 Parental Notice and Consent 10

3 General Purpose A broad civil rights law which protects the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. Department of Education.

4 Who is Covered? Who is Covered? Children who have or have had a physical or mental impairment which substantially limits a major life activity and is regarded by others as disabled. Major life activities include walking, seeing, hearing, speaking, breathing, learning, working, caring for oneself, and performing manual tasks.

5 IDEA verses Section 504 IDEA verses Section 504 A student with a disability has greater rights and entitlements under the IDEA (Individuals with Disabilities Education Act) than under Section 504.

6 Comparison Chart

7 Eligible Students Eligible Students Examples of students who may be protected by Section 504, but who may not be eligible under the IDEA: -students with communicable diseases -student with asthma or allergies -student with juvenile arthritis -students with attention deficit disorder (ADD)

8 Identification And Evaluation Identification And Evaluation Evaluation draws on information from a variety of sources in the area of concern. All tests and other evaluation materials must be: -validated for specific purpose -administered by trained personnel

9 504 Building Liaison 504 Building Liaison A CST which is knowledgeable about the student, evaluations, and placement options develop an accommodation plan. The 504 Building Liaison, Child Study Team (CST), and school administrator, comprise a school’s 504 team.

10 Parental Notice and Consent Parental Notice and Consent Parents must receive prior notice and give their approval before the district can conduct a Section 504 evaluation. Parents should receive, sign, and return the child’s 504 plan to the school’s 504 Building Liaison.

11 Placement Procedures Placement Procedures When interpreting evaluation data and making placement decisions, the law requires: Draw upon information from a variety of sources. Assure that all information is documented and considered. Ensure that the eligibility decision is made by a group of persons including those who are knowledgeable about the child, the meaning of the evaluation data, and placement options. Ensure that the student is educated with his/her non- disabled peers to the maximum extent appropriate (least restrictive environment). A meeting is not required for any change in placement

12 Reevaluation Reevaluation Requires periodic reevaluations. Reevaluation is required before a significant change in accommodations.

13 Due Process Due Process Requires districts to provide impartial hearings for parents or guardians who disagree with the identification, evaluation, or placement of a student.

14 A Section 504 Coordinator A Section 504 Coordinator “Section 504 Coordinator” is the name generally given to the district official who is charged with coordinating district efforts to comply with Section 504. The Coordinator for Clarkstown is Barbara Auriemma in the Office of Special Programs

15 Office of Civil Rights (OCR) Office of Civil Rights (OCR) The OCR is responsible for enforcing Section 504 and its implementing regulation, at 34 C.F.R.Part 104, prohibiting discriminating on the basis of disability in programs and activities by all entities receiving federal financial assistance, including private, elementary, and secondary schools.

16 Clarkstown Procedures Clarkstown Procedures