5020.3- Students with Disabilities Pursuant to Section 504

The Board of Education shall ensure that no student is discriminated against in programs or activities receiving federal financial assistance. Individuals protected by Section 504 of the Rehabilitation Act of 1973 are those individuals who:

  1. have a physical or mental impairment which substantially limits one or more major life activities (e.g. caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working);
  2. have a record of such impairment; or
  3. are regarded as having such an

Students who qualify for protection under Section 504 are: of an age during which non-disabled children are provided preschool, elementary or secondary education services; of an age during which it is mandatory under state law to provide such educational services to disabled children; or to whom a state is required to provide a free appropriate public education (e.g. under IDEA).

The Board shall identify, evaluate, refer, place, provide adaptations for and review all eligible students with disabilities. Students with disabilities pursuant to Section 504 shall be provided a free appropriate public education which may include, but is not limited to,

  1. providing a structured learning environment;
  2. repeating and simplifying instructions about in-class and homework assignments;
  3. supplementing verbal instructions with visual instructions;
  4. using behavioral management techniques;
  5. adjusting class schedules;
  6. modifying test delivery;
  7. using tape recorders,
  8. computer-aided instruction, and/or
  9. other audiovisual equipment; selecting modified textbooks or workbooks and tailoring homework assignments or modification of nonacademic times such as lunchroom, recess and physical education.

The Superintendent or his/her designee shall develop a grievance procedure to resolve Section 504 complaints and designate an individual to coordinate compliance with Section 504. The Superintendent or his/her designee shall ensure that students with disabilities and their parents are notified annually of the District’s responsibilities under Section 504.

 

Legal

Cross-ref:        4321, Programs for Students with Disabilities 5310, Student Discipline

5311.3, Student Complaints and Grievances 5313.3, Student Suspension

9010, Equal Employment Opportunity

Ref:     Rehabilitation Act of 1973, 29 U.S.C. §§794 et seq. (Section 504) 34 CFR Part 104

Individuals with Disabilities Education Act, 20 U.S.C. §§1400 et seq. (IDEA)

Education Law, §§4401 et seq. (Article 89) 8 NYCRR Part 200

Adoption date: May 27, 1997

Revised: October 24, 2011

Reviewed: May 22, 2017

Revised: October 24, 2011, February 24, 2026