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Section 504Section 504

Clarkstown Central School District

Office of Pupil Services

Dr. Carol Gannon, Associate Superintendent 845-639-6442

Barbara Auriemma, Office of Special Programs 845-639-6440

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Table of ContentsTable of Contents

General Purpose 3 Placement Procedures 11

Who is Covered? 4 Reevaluation 12

IDEA and Section 5045

Due Process 13

Comparison Chart 6 Section 504 Coordinator 14

Eligible Students 7 Office of Civil Rights 15

Identification and Evaluation 8 District Procedures 16

504 Building Liaisons 9

Parental Notice and Consent 10

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General PurposeGeneral 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.

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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.

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IDEA verses Section 504IDEA 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.

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Accommodation Plan

Accommodations

Education comparable to non-disabled

Least restrictive environment

Test modifications

Eligibility decision made by a group of

people

Individual Education Program (IEP)

Specially designed instruction

Education designed to confer benefit

DifferencesDifferencesSimilarities

Section 504Special

Education

Impairment substantially limits one

or more major life activities

Disability adversely affects educational

performance

Building LiaisonIEP teacher

All information is documented and from

a variety of sources

Due process

All qualified students with disabilities

Students fall between one or more of 13

specific categories of disability

Comparison Chart Comparison Chart

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Eligible StudentsEligible 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)

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Identification And EvaluationIdentification 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

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504 Building Liaison504 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.

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Parental Notice and ConsentParental 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.

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Placement ProceduresPlacement 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

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ReevaluationReevaluation

Requires periodic reevaluations.

Reevaluation is required before a significant change in accommodations.

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Due ProcessDue Process

Requires districts to provide impartial hearings for parents or guardians who disagree with the identification, evaluation, or

placement of a student.

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A Section 504 CoordinatorA 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 639-6440.

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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.

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Clarkstown ProceduresClarkstown Procedures

Recommendations

Evaluation

Parent Notifications of Qualification

CST Accommodation Plan

Parental Approval

School

Implementation

Private