504 Plans: Eligibility, Development, and Implementation in New York

Agenda / Content Covered

1. Overview: What is a Disability Under Section 504?
   1:00 — 1:15, Susan Fine
2. 504 Plan Eligibility: What Should - And Should Not - Be Considered?
   1:15 — 1:30, Susan Fine
   1. "Substantially Limits a Major Life Activity"
   2. Impairment Determinations
   3. Appropriate Medical Diagnoses
   4. Evaluations and Placement Decisions
3. 504 Accommodations vs. Specially Designed Instruction Under IDEA: Critical Distinctions
   1:30 — 1:45, Susan Fine
4. Creating 504 Plans and Making Accommodations: Best Practices
   1:45 — 2:00, Susan Fine
5. Parents' Rights and Involvement: Notice, Decision-Making, Access to Records, etc.
   2:00 — 2:15, Susan Fine
6. Distribution of 504 Plans
   2:15 — 2:30, Susan Fine
7. Avoiding Plan Modifications
   2:45 — 3:00, Jacob Feldman
8. Reviews and Re-Evaluations: Process and Procedures
   3:00 — 3:15, Jacob Feldman
9. Spotting Red Flags When Developing and Implementing 504 Plans
   3:15 — 3:30, Jacob Feldman
10. FBAs (Functional Behavior Assessments) and BIPs (Behavioral Intervention Plans) 
    3:30 — 3:45, Jacob Feldman
11. Due Process Hearings and Disputes
    3:45 — 4:00, Jacob Feldman
12. Case Law Update
    4:00 — 4:15, Jacob Feldman

Accreditation Details:

Jacob S Feldman is a founding partner with Frazer & Feldman, LLP. Mr. Feldman 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, and special education matters. He has handled the successful defense of dozens of impartial hearings and appeals to the SRO and federal courts on behalf of school districts. Mr. Feldman is a frequent speaker in various special education law programs. He 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, and the Southern and Eastern District Courts of New York. Since 1987, he has served public school districts as general counsel. Mr. Feldman earned his B.A. degree, cum laude, from Brooklyn College and his J.D. degree from Brooklyn Law School.

Susan E Fine is an attorney at Keane & Beane P.C., and represents public school districts as general counsel, labor counsel, and special education counsel in Westchester, Nassau, Suffolk, and Orange counties, New York. Ms. Fine handles school litigation matters in state and federal courts, appeals to the Commissioner of Education, due process proceedings under the Individuals with Disabilities Education Act and New York education law, student disciplinary proceedings, and discrimination and/or retaliation claims before the U.S. Department of Education Office for Civil Rights. Ms. Fine also advises school clients regarding aspects of school governance, including Freedom of Information and Open Meetings Law and procurement issues. She began her legal career serving in the United States Army Judge Advocate General's Corps. She received her B.S. degree in economics from the Massachusetts Institute of Technology and her J.D. degree from the University of Nebraska College of Law. She is admitted to the state and federal courts of New York and is a member of the New York State Association of School Attorneys.