Transcript IDEA 2004 Procedural Safeguards

Transition to Work and School:
Legal Rights under
IDEA and Section 504
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Annika Pollock, Attorney at Law
Dussault Law Group
[email protected]
(206) 324-4300
Overview of Presentation
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Introduction to ADA, 504 and IDEA
Comparison of 504 and IDEA
Transition under IDEA
Transition and College under 504
Comparison of IDEA/504 Services in High School
vs. College
Transition Resources
1. Introduction to
ADA, 504 and IDEA
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The Americans with Disabilities Act
(ADA)
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The ADA passed in 1990 – the first
comprehensive civil rights law for people
with disabilities
Includes all state and local programs – not
just programs that receive federal dollars
Section 504 of the Rehabilitation Act of
1973 (as amended)
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Protects individuals with disabilities in
programs and/or activities receiving federal
funding
Includes students with disabilities in public
schools and Institutions of Higher Education
(IHEs) that are non-religiously controlled
colleges and universities
Has a broader definition of “disability” than
IDEA
The Individuals with Disabilities
Education Act (IDEA)
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Civil Rights and Education Act
Enacted in 1975 as the Education for All Handicapped Children
Act
Most recently amended in 2004
Disability is defined by specific categories outlined in federal
regulations
“Disability is a natural part of the human experience and in no
way diminishes the right of individuals to participate in or
contribute to society. Improving educational results for
children with disabilities is an essential element of our national
policy of ensuring equality of opportunity, full participation,
independent living, and economic self-sufficiency for
individuals with disabilities.”
ADA Amendments and Section 504
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The ADA Amendments Act of 2008 impacts implementation of
Section 504
While definition of disability did not change, the interpretation
is now more inclusive
More young adults with learning disabilities will be covered
under 504
Definition: An individual:
– With a physical or mental impairment that substantially
limits one or more major life activities;
– Who has a record of such an impairment; or
– Who is regarded as having such impairment
Some Changes to Interpretation of
ADA’s Definition of Disability
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“substantially limits” – impairments that are
episodic in nature or in remission must be
considered at the time they are active
“major life activity” – expanded (e.g., used to
include “learning” - now includes “reading”,
“concentrating” and “thinking”)
2. Comparison of IDEA and 504
Core principles of 504
 Core principles of IDEA
 Comparison of IDEA and 504
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Core Principles of 504
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Full Participation
Removal of barriers to general education
Reasonable accommodations (modifications without
the fundamental alteration of the nature of the
program)
Free Appropriate Public Education (FAPE) means
“comparable” education – any opportunities
afforded students without disabilities must be
provided to students with disabilities
Core Principles of IDEA
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Individualized Education – Implemented
through the Individualized Education
Program (IEP)
FAPE- Includes the provision of specially
designed instruction and related services
Least Restrictive Environment (LRE) –
Inclusion in regular education classroom
Comparison of IDEA and Section 504
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Provision
IDEA
504
Purpose
Federal Statute ensuring FAPE
for children with disabilities.
Civil rights law protecting
rights of people with
disabilities in any school,
institution or public agency
receiving federal money.
Who is Protected?
School age students whose
disability adversely impacts
ability to benefit from general
ed (Part B covers age 3 through
21)
All individuals with
disabilities are protected from
discrimination based solely on
disability (there is no age
limitation)
Services
Additional and individualized
supports including adaptation
of instruction
Requires elimination of
barriers to full participation.
Includes use of
accommodations to provide
equal access
Planning Documents
Individualized Education Plan
(specially designed instruction)
504 Plan (e.g.: instructional
accommodations)
3. Transition under IDEA
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History of transition services in IDEA
IEP meeting attendance
IEP transition planning
Statement of transition services
History of Transition in IDEA
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1990 Amendments – First added transition
services to the IEP
1997 – Requirements significantly broadened
IDEA 2004 – Revised again, with emphasis
on post-school outcomes, including postsecondary goals.
IEP Team Participants
IEP TEAM
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*Student must be invited to transition planning meeting
IEP - Transition Services
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IDEA 2004 - increased emphasis on need for
transition planning
Transition Plan created and must contain:
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measurable postsecondary goals
statement of transition services
Must begin planning at age 16
Updated annually
Statement of Transition Services
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Focuses on improving academic and functional
achievement
Facilitates movement from school to post-school
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Accounts for student’s individual strengths,
preferences, and interests
Includes:
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postsecondary education, vocational education, integrated
employment (including supported employment), continuing and
adult education, adult services, independent living, or community
participation
instruction, related services, community experiences, development
of employment, post-school living objectives, and acquisition on
daily living skills
Functional vocational evaluation
4. Transition under Section 504
Transition
 College
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Section 504 - Transition
Again, applies to all federally funded
programs including school districts
 Less instructive on transition than
IDEA
 Students covered under 504 can access
transition services through DVR
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Section 504 - College
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More variation in implementation of law in each IHE
Educational support services accessed through the
disability services office of each college campus
IHEs are mandated by 504 and ADA to provide
access to their support programs to ALL students
All universities will have different types of services
Student Responsibility – students must disclose
disabilities to IHEs if they want accommodations
Students have to provide documentation of
disabilities to the disability services office
5. Comparison of IDEA/504 Services
in High School vs. College
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Education is a right and FAPE must be provided in
school
Education is not a right in college - students must
meet admission requirements under ADA/504
Both IDEA and 504 require schools to identify and
locate students with disabilities (includes free
testing, transportation and related services)
Students must self-identify, provide evaluation and
support needs, get to school and obtain needed
support services on their own in college
Comparison of IDEA/504 Services
in High School vs. College, cont’d
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Planning Methods in School: IEPs and 504
Plans
Planning at IHEs: Students choose
coursework and are provided academic
adaptations and other modifications - 504
Plans may be written
Student disability services offices exist to
facilitate student support needs in IHEs
6. Transition Resources
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Division of Vocational Rehabilitation (DVR)
Client Assistance Program (CAP)
Other resources
Washington State Division of
Vocational Rehabilitation (DVR)
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“DVR believes employment contributes to a person’s
ability to live independently and everyone has a
right to work. Our mission is to empower people
with disabilities to achieve a greater quality of life by
obtaining and maintaining employment. “
“As a division of the Department of Social and
Health Services, with offices located throughout
Washington, DVR has partnered with communities
for over 70 years to help meet the employment needs
of people with disabilities and employers.”*
*For further information:
www.dshs.wa.gov/dvr/
What does DVR provide?
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Transition Services
Vocational Assessment Services
Counseling with a rehabilitation counselor
Job-match, job placement and follow-up counseling
Instruction on how to prepare for a job interview, create a
resume
On-the-job training and vocational education or classroom
training
Rehabilitation technology-customized devices and equipment
and training
Costs of tuition, transportation, independent living and other
disability-related expenses
Utilizing DVR for transition planning
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Contact DVR office closest to your residence
Ask for assistance in creating a career goal – including
attending college
Counselor liaison for every HS in Washington
Liaison should come to the school and meet with the teachers,
student and parents (if under the age of 18)
DVR can help create an IPE (Individual Plan for Employment)
DVR can assist in writing a letter of agreement (outlining
accommodations) to disability services office of college
Client Assistance Program (CAP)*
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The Washington State Client Assistance Program (CAP) is a
private non-profit organization
CAP is an advocacy program with the following services:
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Provides information about the Division of Vocational Rehabilitation
(DVR), the Department of Services for the Blind (DSB), Projects with
Industry (PWI), and Independent Living Programs (ILP’s)
CAP staff will explain your rights and responsibilities as an
applicant or client of these rehabilitation agencies
– CAP staff will work to solve problems through mediation
and negotiation
*Information from www.washingtoncap.org
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Resources
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The National center for Learning Disabilities:
www.LD.org/ParentBriefs
Transition Timeline – “To Do” List:
www.vacollegequest.org/charting/transitio
ntimeline.shtml
Disclaimer/Notice
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This training and written materials are designed to provide
accurate and authoritative information in regard to the subject
matter covered. It is provided with the understanding that the
presenters are not engaged in rendering legal, financial or other
professional services. If legal advice or other expert assistance
is required, the services of a competent professional should be
sought.
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Be advised that all written materials and power point slides are
the intellectual property of the Dussault Law Group. These
materials may not be distributed without the express written
consent of the author.
Thank You!
Annika Pollock
Attorney at Law
Dussault Law Group
[email protected]
(206) 324-4300
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