Transcript The 411 on IEPs and Section 504s

The 411 on IEPs and Section 504s
Claudia Otto, Ph.D.
Oklahoma Department of Career & Technology Education
March 10, 2015
Disability Laws
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Federal Laws Addressing Individuals with
Disabilities in Educational Settings
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Individuals with Disabilities Education Improvement Act (IDEIA) –
requires free, appropriate public education provided to B-21 years of
age
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Section 504 of the Rehabilitation Act (504) – makes discrimination
against persons with disabilities illegal and requires that organizations
receiving federal funds provide accommodations
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Americans with Disabilities Act (ADA) – makes discrimination a civil
rights violation and requires all organizations (public and private)
provide accommodations
Access to
&
Participation in
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IDEA & IDEIA
• Entitlement Law – Students will
receive more services than their
peers with this law
• Provides students the
individualized services they
need for learning
• IEPs
This is a pre-set plan!
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Section 504
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Protects individuals from
discrimination based on their
disability
Provision of general or special
education and related aids and
services designed to meet the
students’ “individual educational
needs”
504 Plans
This is a guide!
ADA
• Protects individuals with
disabilities from discrimination,
making it a civil rights violation
• Extends Section 504 to private
sectors
• Provide equal opportunity to
participate with full accessibility
in courses, programs, and
activities
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This is self-advocacy!
FAPE & LRE
• Free and Appropriate Public Education (FAPE)
• What States must make available to all eligible children
with disabilities
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• Least Restrictive Environment (LRE)
• Children with disabilities are to be educated with children
who do not have disabilities, to the maximum extent
appropriate
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The Big Picture
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Foundation
FAPE
Supports
Special education and
related services
Reinforced materials
Supplementary aids and
services
Assistive technology
Quality work
Highly qualified personnel
Individualized Education Program
under the
Individuals with Disabilities
Education Act of 1990
IEP
Public Law Number: PL 101-476
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Definition of an IEP
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Originally enacted by Congress as EAHCA in 1975 (P.L. 94-142)
Individuals must be challenged to excel within the general
curriculum
Must be prepared for success in their post-school lives (college
and/or careers)
To improve access to rigorous academic content standards
Disabling conditions that significantly hinder abilities to benefit
from general education
Currently reauthorized as IDEIA in 2004 (P.L. 108-446)
IEP
• Every public school child with disabilities receiving IDEAfunded special education must have one
• This will transfer to concurrent enrollment and
• Basics about the IEP
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individualized
written plan for a child’s education
based upon a timeline
lists the special education to be received
both a document and a process
Who Develops the IEP
• School Personnel
• Child’s Parents
• Student
• Outside Agents
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o The team works together to craft an educational experience
that will address the student’s individual needs to participate
equitably alongside nondisabled peers
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o This IEP team meets at least once a year to readdress
Timeline of an IEP
• Request an evaluation to determine eligibility
• Prepare for evaluation
• The evaluation
• Prepare for initial IEP meeting
• Initial IEP meeting
• Review and modify IEP
• Monitor and / or dispute the IEP
• Annual IEP meeting / update
• Periodic re-evaluation (every 3 years)
• Dispute the IEP
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Evaluations for an IEP
• General intelligence
• Reading comprehension
• Written expression
• Logical comprehension (math)
• Psychological states
• Social development
• Physical abilities
• Interfering behaviors
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Documentation for an IEP
• Teacher reports
• Parent reports
• Evaluations by experts
• Letters from your child’s doctor or counselor
• Medical records (physical or mental)
• Evidence of school performance
• Collect and share prior assessments and evaluation
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Promotional Supports within an IEP
• Creation of a culture of high expectations
• Instructional supports for learning
o Universal Design for Learning – foster engagement by presenting
information in multiple ways and allowing for diverse avenues of
action and expression
• Instructional accommodations
o changes in materials or procedures
o do not change standards
o allow students to learn within a curriculum framework
• Assistive technology devices and services
o ensure access to general education curriculum
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Contents of an IEP
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Present levels of academic and functional performance
Annual goals – current and post-secondary
Benchmarks and / or short-term goals
Progress – measuring and reporting
Statewide assessment participation
Special education & related services & supplementary aids
Individual accommodations & program modifications
Transition services & courses of study
Support for school personnel
Extent to which student will not participate with nondisabled peers
Transfer of students rights on reaching age of majority
26 pages
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Violations of IDEA Rights
IDEA / IDEIA
• District Complaint
• Parent Advocacy
• Mediation
• Due Process
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Section 504
of the Rehabilitation Act of 1973
Public Law Number: PL 93-112
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Definition of a 504
• Definition is broader than IDEA’s definition
• Prohibiting discrimination against individuals with disabilities
• Protection directives under 504
o have a physical or mental impairment that substantially limits
one or more major life activities
o have a record of such an impairment
o be regarded as having such an impairment
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Contents of a 504
• Physical or mental impairment description
• Areas of need
• Accommodations
• Location of services
• Comments regarding student needs
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1 - 2 pages
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Violations of 504 Rights
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504
• All institutions must have an internal procedure
• File an ADA / 504 Complaint with Office of Civil Rights of the
US Department of Education
o 180 days after date of discriminatory action
• File a civil lawsuit
o injunctive relief
o attorney’s fees
o damages only if it is established that discrimination was
intentional
Accommodations & Modifications
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Reasonable Accommodations
• Determined by individual’s needs
• Determined by institution’s assets
• Educational / instructional accommodations are viewed based
on time / effort to modify
• Most basic accommodations are considered by court to be
well within the reasonable expectations of teacher’s
responsibilities
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Responsibility for Implementing
Accommodations
• Failure to provide identified accommodations is a violation of
student’s civil rights
• Teachers can be held personally responsible
• Doe vs. Withers
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In Conclusion
• Students are like a
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puzzle.
Find the pieces that
work for them to
see the whole
Picture…which is
their True Ability!
Claudia Otto, Ph.D.
Disability Services Specialist
OK Department of Career Tech
405-743-5596
[email protected]
Thank You!