Section 504 is a federal law that prohibits discrimination against individuals with disabilities. It requires schools that receive federal funding to provide students with disabilities equal educational opportunities and accommodations. A student is eligible for Section 504 if they have a physical or mental impairment that substantially limits a major life activity. Eligibility is determined by an evaluation from multiple sources and does not require specific tests or failing grades. Accommodations must be provided to ensure equal access for students with disabilities. Annual reviews are not required under Section 504 like they are under IDEA.

1. SMITHTOWN CENTRAL SCHOOL DISTRICT
SECTION
504
March 2017

2. What is Section 504?
 The Rehabilitation Act of 1973, commonly referred to as "Section 504," is a
federal statute that prohibits discrimination against persons on the basis
of their disability by institutions t at receive federal assistance.
 Section 504's purpose is, among other things, to assure that disabled
students have educational opportunities and benefits equal to those
provided to non-disabled students.
 If a student is covered by Section 504, the Smithtown Central District
Schools must provide protection and accommodations as are necessary
to ensure that the eligible student has equal access to services, programs
or activities offered by our schools.

3. Section 504 is NOT Special Education
IDEA SSection 504
• Student must have a disability
that falls into a defined
qualifying area and adversely
affect educational
performance
• Must need specially designed
instruction
• Requires a comprehensive
evaluations, including
screenings, and intervention
data
• Criteria of exclusion/narrow
eligibility- works well with RTI
• Defined CSE team members
• Parent consent required
• Strict and specific timelines
• Student must have physical or
mental impairment that
substantially limits a life
function
• Prevents discrimination,
insures equal access with
accommodations and services
• Requires relevant information
from a variety of sources
• Broadened eligibility- may not
work well with RTI
• Decision by group of
“knowledgeable persons”
• Parent consent recommended
• “Reasonable” timelines

4. Section 504 Facts (students and
adults/employees)
 An individual is not “regarded as” an individual with a
disability if the impairment is transitory and minor. A
transitory impairment is an impairment with an actual or
expected duration of 6 months or less
 Building level intervention plans are appropriate for
students who do not have a disability or is not suspected
of having a disability but may be facing challenges in
school

5. Disability, Impairment, Major Life Activities,
Substantial Limitations
 Individual with a Disability: As defined by federal law:” An individual with
a disability means any person who: (i) has a mental or physical impairment
that substantially limits one or more major life activity; (ii) has a record of
such an impairment; or (iii) is regarded as having such an impairment “ [34
C.F.R. § 104.3(j)(1)].
 Impairment: as used in Section 504 may include any disability, long-term
illness, or various disorder that “substantially’ reduces or lessens a
student’s ability to access learning in the educational setting because of a
learning, behavioral, or health –related condition [“it should be
emphasized that a physical or mental impairment does not constitute a
disability for the purpose of Section 504 unless its severity is such that it
results in a substantial limitation of one or more major life activities”
(Appendix A to Part 104,#3)].

6. Terminology
 Related Services: refers to developmental, corrective and other supportive
services, including psychological, counseling, medical diagnostic services, OT,
PT, speech/language, APE, assistive technology, vision, hearing,
orientation/mobility, educational service (i.e. resource room, reading) and
transportation
 Accommodations that may be used, but are not limited to include:
 Highlighted texts ands textbooks Rearranging Class schedules
 Extended time on tests or assignments Visual Aides
 Assistance with note taking Preferred setting assignments
and/or access to notes
 Extra set of books for home use Taping lectures
 Computer aided instruction Oral tests responses
 Enlarged print Individual contracts
 Positive reinforcements Tests Read
 Behavior Intervention Plans

7. Impairment (cont.)
 Many students have conditions or disorders that are not readily apparent
to others. They may include:
 Specific learning disabilities
 Diabetes, epilepsy and allergies
 Hidden disabilities- low vision, poor hearing, heart disease, chronic
illnesses
 These conditions may not be obvious, but if they substantially limit that
child’s ability to receive an appropriate education defined in Sect. 504
they may be considered to have an “impairment” under Sect. 504
standards
 These students regardless of the intelligence will not be able to fully
demonstrate their ability or attain educational benefits equal to that of
non-disabled students

8. Terminology
 Reasonable Accommodations: A term used in the employment context to
refer to modifications or adjustments employers make to a job application
process, work environment, the manner of circumstances under which the
position held or desired is customarily performed. This term is sometimes
used incorrectly to refer to related aids and services in schools to refer to
academic adjustments, reasonable modifications and auxiliary aids and
services.
 Reasonable modifications: Under a regulatory provision implementing
Title ll of ADA, public entities are required to make reasonable
modifications in policies, practices, or procedures when the modifications
are necessary to avoid discrimination on the basis of disability, unless the
public entity can demonstrate that making the modifications would
fundamentally alter the nature of the service, program or activity

9. Major Life Activities
 Major Life Activities: include, but are not limited to:
self-care speaking breathing
manual tasks sitting concentrating
walking thinking interacting with others
seeing learning working
As of 2009 with the reauthorization of the ADA Amendment Act this list has been
expanded to include:
reading, standing, lifting, bending etc
It also may include individuals with:
ADD/HD, dyslexia, cancer, diabetes, severe allergies, chronic asthma,
Tourette’s Syndrome, digestive disorders, cardiovascular disorders,
depression, conduct disorders, oppositional defiant disorders, HIV/AIDS,
behavior disorders and temporary disabilities (i.e. broken writing arm,
broken leg, etc.)
Conditions that are episodic or in remission are also now covered if they create a
substantial limitation in one ore more major life activities while they are active

10. Substantial Limitations
 Substantially limits means: According to a letter from Office of Civil Rights
(OCR) “this is a determination to be made by each local school district and
depends on the nature and severity of the person’s disabling condition”
 This is not defined in the federal regulations
 New Guidance from the Americans with Disabilities Amendment Act
states: Section 504 standards must conform with the ADAAA and is
“intended to afford a broad scope of protection to eligible persons.”
 In considering substantial limitations, students must be measured against
their same age, non-disabled peers in the general population and without
benefit of medication or other mitigating measures such as learned
behavioral or adaptive neurological modifications, assistive technology or
accommodations.

11. 504 Facts- How much is enough information
to document hat a student has a disability?
 The amount of information required is determined by the multi-
disciplinary committee gathered to evaluate the student. The
committee should include persons knowledgeable about the
student, the meaning of the evaluation data, and the placement
options. Section 504 requires school districts to draw from a variety
of sources in the evaluation process so that the possibility of error is
minimized.
 Sources and factors may include aptitude and achievement tests,
teacher recommendations, physical condition, social and cultural
background and adaptive behavior
 In evaluating a student suspected of having a disability, it is
unacceptable to rely on presumptions and stereotypes regarding
persons with disabilities or classes of such persons
 School districts may use the same process to evaluate the needs of
students under 504 as they use to evaluate under IDEA

12. Annual Review Requirements
 Periodic re-evaluation is required. This may be conducted
in accordance with IDEA regulations which require re-
evaluation at three- year intervals
 More frequently if conditions warrant, or if child’s teacher
or parent requests a re-evaluation, but not more than
once a year
 Re-evaluation should be conducted prior to change of
placement and or transitions from one school to another
school
 Annual reviews are not required

13. Eligibility Requires Evaluation
Specific criteria ARE NOT required!
 Evaluation does not necessarily mean TEST; formal testing is not required
 Requires data from a variety of sources – not just a note from a doctor or 1
discipline report etc.
 Failing grades are not required- can be an A+ or Honor/AP student

14. Please Remember
 The accommodations provided should allow for the
child to have the same equal access as their non-
disabled peers.
 “Level the playing field ”
 Do not treat accommodations like a buffet
Thank you