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Seminar Detail

Section 504 in New York

Tuesday, February 25, 2020 at 8:00 AM - 4:00 PM

This event is not currently available for purchase.

For more information: Call (800) 844-8260
Course Description:

In one short day, you will gain new insight to regulations, laws and issues that significantly affect your K-12 district compliance. Join school law expert Jack Feldman as he draws from over 30 years of experience representing public school districts, to provide the essential information and practical guidance on what it means to your school.

Questions that will be answered include:
  • How have the ADA Amendments and new federal regulations changed the eligibility criteria under Section 504? What is the school district’s obligation to identify and evaluate students? Are you under or over identifying?
  • Why a health plan can’t substitute for a 504 plan
  • What are the new rules regarding service animals?
  • What are the “Child Find” obligations under Section 504? How do they compare with those under IDEA?
  • How are discipline and behavioral issues handled with a student eligible under Section 504, as compared/contrasted with a student eligible under IDEA?

  1. Describe the implications of NCLB & IDEA as it relates to Section 504.
  2. Determine who is a student with a disability.
  3. Explain Child Find obligations under Section 504.
  4. Develop an accommodation plan.
  5. Discuss various “due process” procedures under Section 504 and how they compare with IDEA.
  6. Determine when and how to appropriately accommodate behavioral issues.
  7. Discuss the recent case law under Section 504 and its implications.

Overview of Section 504
  • Anti-Discrimination Statute
  • Scope of Section 504
  • Comparison to the Individuals with Disabilities Education Act (IDEA)
What Students Issues Are Covered by Section 504?
  • Who Is a Student with a Disability under Section 504?
  • ADA Amendments Act (ADAAA) and Eligibility
  • Short-Term and Temporary Conditions
  • Drug and Alcohol Use
  • What type of Medical Information Is Needed?
  • Review District Policies and Avoid Common Mistakes
Locate, Identify & Evaluate Students
  • ”Child Find” Obligations
  • Assessments and Evaluations of Students under Section 504
  • ADAAA and Mitigating Measures
  • Comparison with Obligations under IDEA
  • 504 and Private School
Providing Accommodations
  • Developing an Accommodation Plan
  • Review and Revision of the Accommodation Plan
  • Health Plan
  • Comparison to IDEA
Due Process
  • School District 504 Policies
  • Section 504 Hearings
  • Comparison to IDEA
Discipline and Behavior Issues
  • Accommodations and Modifications to Address Behavior
  • Manifestation Determination
  • ”Stay Put” Issues
  • Students Suspected of Having Disabilities Comparison to IDEA
Recent Case Law under Section 504
  • No Presumption of Eligibility under IDEA
  • Damages & Fees for 504 Violations
  • Cases Asserting Intentional Discrimination by Schools & Personnel
  • Athletics
Target Audience

  • General Education Teachers
  • Special Education Teachers
  • School Administrators
  • School Psychologists
  • Licensed Psychologists
  • Counselors
  • Social Workers
  • School Nurses
  • Related Service Providers
  • Other Helping Professionals that Work with Children


Jacob S. Feldman, Esq., is a partner in the law firm of Frazer & Feldman, LLP. He received his J.D. from Brooklyn Law School and his B.A. (cum laude) from Brooklyn College. Mr. Feldman is admitted to practice law in the State Courts of New York, the United States Supreme Court, the Second Circuit and the Federal Circuit Courts of Appeals, the Court of Federal Claims, and the Southern and Eastern District Courts of New York. He has handled the defense of public school districts in major federal and state litigation involving civil rights, age, race, disability and sexual discrimination matters, sexual harassment complaints, special education matters, complaints alleging First, Fifth and Fourteenth Amendment violations as related to the collection of school district taxes, and appeals to the Appellate Division, First and Second Departments, the New York State Court of Appeals, and to the Second Circuit Court of Appeals. He has handled the successful defense of dozens of impartial hearings and appeals to the NYS Office of State Review and Federal Courts on behalf of school districts.

Mr. Feldman is a frequent speaker and participant in various special education law programs, speaking on topics including, “Developing a Bulletproof IEP”, student discipline, preparation for and defense of impartial hearings and Section 504, conducted by the Nassau County Bar Association, the Nassau-Suffolk Academies of Law, NYSSBA, the Long Island Association of Special Education Administrators, the Council of New York Special Education Administrators, PESI, St. John’s University, and school districts throughout Nassau and Suffolk Counties. He is the author of the “Read All About It” column, a monthly compilation of special education cases appearing in the Attorney’s Corner of the Frontline’s Directors’ Website. He received LIASEA’s 2010 Award of Distinction for his special education work on behalf of school districts. He has been recognized annually by Pulse magazine as one of Long Island’s “Top Legal Eagles” in the field of Education Law for the period of 2010-2019 and as a “Legal Leader – New York Area’s Top Rated Lawyers” of 2013-2019 in the fields of education and labor law featured in New York Magazine.

Speaker Disclosures:

Financial: Jacob Feldman is a Partner with Frazer & Feldman, LLP. He receives a speaking honorarium from PESI, Inc.

Nonfinancial: Jacob Feldman has no relevant nonfinancial relationship to disclose.
Credits listed below are for full attendance at the live event only. After attendance has been verified, pre-registered attendees will receive an email from PESI Customer Service with the subject line, “Evaluation and Certificate” within one week. This email will contain a link to complete the seminar evaluation and allow attendees to print, email or download a certificate of completion if in full attendance. For those in partial attendance (arrived late or left early), a letter of attendance is available through that link and an adjusted certificate of completion reflecting partial credit will be issued within 30 days (if your board allows). Please see “live seminar schedule” for full attendance start and end times. NOTE: Boards do not allow credit for breaks or lunch.

If your profession is not listed, please contact your licensing board to determine your continuing education requirements and check for reciprocal approval. For other credit inquiries not specified below, or questions on home study credit availability, please contact or 800-844-8260 before the event.

Materials that are included in this course may include interventions and modalities that are beyond the authorized practice of mental health professionals. As a licensed professional, you are responsible for reviewing the scope of practice, including activities that are defined in law as beyond the boundaries of practice in accordance with and in compliance with your professions standards.

The planning committee and staff who controlled the content of this activity have no relevant financial relationships to disclose. For speaker disclosures, please see speaker bios.

PESI, Inc. offers continuing education programs and products under the brand names PESI, PESI Healthcare, PESI Rehab and Psychotherapy Networker.

This intermediate activity consists of 6.25 clock hours of continuing education instruction. Credit requirements and approvals vary per state board regulations. Please save the course outline, the certificate of completion you receive from the activity and contact your state board or organization to determine specific filing requirements.

New York Counselors: CE credit is available. PESI, Inc. is recognized by the New York State Education Department's (NYSED) State Board for Mental Health Practitioners as an approved provider of continuing education for Licensed Mental Health Counselors. #MHC-0033. This activity will qualify for 7.5 contact hours. Full attendance is required; no partial credits will be offered for partial attendance.

This course is designed to qualify toward your professional development requirement. The program is 6.25 clock hours in length.

New York Educators: PESI, Inc. is an approved sponsor of CTLE with the New York State Education Department's (NYSED) Office of Teaching Initiatives. Provider #23567. This activity will qualify for 6.25 Approved Continuing Teacher and Leader Education (CTLE) Hour(s), in the area of Pedagogy. Hours are based on full attendance. Board required certificates will be sent after the program.

Nurses, Nurse Practitioners, and Clinical Nurse Specialists
American Nurses Credentialing Center Logo
PESI, Inc. is accredited as a provider of nursing continuing professional development by the American Nurses Credentialing Center’s Commission on Accreditation. Nurses in full attendance will earn 6.3 contact hours. Partial contact hours will be awarded for partial attendance.

New York Physical Therapists & Physical Therapist Assistants: PESI, Inc. is recognized by the New York State Education Department, State Board for Physical Therapy as an approved provider for physical therapy and physical therapy assistant continuing education. This course qualifies for 7.6 Contact Hours.

New York Psychologists: This live activity consists of 380 minutes of continuing education instruction and is related to the practice of psychology.

Psychologists/School Psychologists: PESI, Inc. is approved by the National Association of School Psychologists to offer professional development for school psychologists. PESI maintains responsibility for the program. Provider #1140. PESI is offering this activity for 6.25 hours of continuing education credit. Full attendance is required; no partial credits will be offered for partial attendance.

Social Workers
PESI, Inc., #1062, is approved to offer social work continuing education by the Association of Social Work Boards (ASWB) Approved Continuing Education (ACE) program. Organizations, not individual courses, are approved as ACE providers. State and provincial regulatory boards have the final authority to determine whether an individual course may be accepted for continuing education credit. PESI, Inc. maintains responsibility for this course. ACE provider approval period: January 27, 2020 - January 27, 2023. Social Workers completing this course receive 6.25 Clinical Practice continuing education credits. Course Level: Intermediate. Full attendance is required; no partial credits will be offered for partial attendance. A certificate of attendance will be awarded at the end of the program to social workers who complete the program evaluation.

New York Social Workers: PESI, Inc. is recognized by the New York State Education Department's (NYSED) State Board for Social Work as an approved provider of continuing education for licensed social workers #SW-0008. This activity will qualify for 7.5 contact hours. Full attendance is required; no partial credits will be offered for partial attendance.

Other Professions
This activity qualifies for 380 minutes of instructional content as required by many national, state and local licensing boards and professional organizations. Save your course outline and certificate of completion, and contact your own board or organization for specific requirements.

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