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February 9, 2010

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Section 504

Section 504 of the Rehabilitation Act of 1973 bans discrimination on the basis of physical or mental disability in federally-funded programs, such as New York City public schools. It is intended to level the playing field for people with disabilities by eliminating disability-related barriers so, for example, students can fully participate in school. It also mandates a free, appropriate education to all eligible children.

The law protects not only children whose disabilities directly interfere with their ability to learn, but also children whose physical or mental disabilities substantially limit one or more "major life activities," such as seeing, breathing, walking, or learning. Children eligible for special education services are also covered by Section 504.

The details of Section 504 are included in Chancellor's Regulation A-710. Although school districts have an obligation to locate children who need 504 accommodations, they often fail to do so. Parents may have to take the first step. Every school should have a person designated as the 504 coordinator. Requests for accommodations must be submitted in writing to the coordinator at your child's school. Forms can be obtained from the 504 coordinator or from the DOE website.

Once a request has been made, the school-based 504 coordinator must schedule an assessment meeting with the child's parents and a school-based team within 30 school days. If the team determines that an accommodation is required, it will draft a 504 Plan for the student. No plan can be implemented without parental consent.

If parents have complaints regarding the referral, evaluation, development and implementation of their student's 504 plan, they may request that the health context expert in the Integrated Service Center in the borough in which the child's school is located, review the decision made by the school-based team. In addition, if parents believe that discrimination has occurred on the basis of their child's disability, they can file a complaint in the DOE's Office of Equal Opportunity pursuant to Chancellor's Regulation A-830.

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Last updated on 07/17/2008