Transcript Section 504 vs. IEP Betsy Peterson Parent Coordinator West Virginia Department of Education Office of Special Programs.

Section 504 vs. IEP
Betsy Peterson
Parent Coordinator
West Virginia Department of Education
Office of Special Programs
Section 504 – What is a disability?
 The law defines an individual with a disability as one with a
physical or mental impairment that substantially
limits one or more major life activities. For students
who are eligible under Section 504, schools must make
appropriate accommodations to eliminate barriers
to the students’ participation in school and school activities.
Implementation of Section 504 provides disabled students
with the same access to educational opportunities provided
to their non-disabled peers and supports them in achieving
positive health and educational outcomes.
Section 504
 Section 504 is a civil rights law that prohibits discrimination
against individuals with disabilities. Section 504 ensures that
the child with a disability has equal access to an education.
The child may receive accommodations and modifications.
 Unlike the Individuals with Disabilities Education Act
(IDEA), Section 504 does not require the school to provide
an individualized educational program (IEP) that is designed
to meet the child's unique needs and provides the child with
educational benefit. Under Section 504, fewer procedural
safeguards are available to children with disabilities and their
parents than under IDEA.
Section 504
 Section 504 defines "physical or mental impairment" as:
 Any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting one or more of
the following body systems: neurological; musculoskeletal;
special sense organs; respiratory, including speech organs;
cardiovascular; reproductive; digestive; genitor-urinary;
hemic and lymphatic; skin; and endocrine, Or, any mental or
psychological disorder, such as mental retardation, organic
brain syndrome, emotional or mental illness, and specific
learning disabilities.
Section 504
 "Major life activity" means functions such as: caring for
oneself, performing manual tasks, walking, seeing, hearing,
speaking, breathing, learning, and/or working.
 The school-based 504 team can look to the Americans with
Disabilities Act (ADA) for guidance. The ADA protects the
rights of disabled individuals in the workplace and states that
an individual is "substantially limited" by a disability if,
 He/she is unable to perform a major life activity that the
average person in the general population can perform, or
He/she is significantly restricted as to the condition, manner,
or duration under which the average person in the general
population can perform the same major life activity.
Section 504
 The school 504 team is charged with applying the definition
criteria above and determining whether or not a student has
a physical or mental impairment that substantially limits a
major life activity. The team must answer three questions:
 Does the student have a physical or mental impairment?
 Does the impairment impact one or more major life
activities?
 Does the impairment substantially limit one or more
major life activities?
Section 504
 When students are identified, assessed, and determined to be
eligible for accommodations under Section 504, the school
504 team must create an individual accommodation plan
(IAP or 504 Plan). Section 504 does not outline specific plan
components, but suggests that the plan should be written.
The key elements of an individual accommodation plan are
strategies based on the student’s individual needs that will
enable the student to access a free and appropriate education
in the least restrictive environment. Accommodations under
Section 504 may include related aids and services, such as
school health services, and may include specialized
instruction.
Section 504
 School districts have inconsistently implemented the requirements
of Section 504:
 No funding attached to the law and interpretation of the law and its
requirements were initially unclear.
 Passage of the Americans with Disabilities Act in 1990 heightened the
awareness of school districts and parents of children with disabilities,
who both became increasingly aware that Section 504 could offer
certain protections and opportunities for disabled students.
 School districts are now more informed of their obligations under
Section 504, and so are parents, who have begun to request that
schools provide appropriate accommodations for their children.
 Some students with disabilities still are subjected to discrimination in
public schools, particularly in communities where parents have fewer
resources and less information is available to them.
Section 504
 Section 504 implies best practice for schools:
 Policy and procedures for determining
eligibility and developing 504 Plans for eligible
students,
 Well-informed, collaborative 504 teams,
 Procedures for meeting special needs of
students with impairments who do not qualify
for a 504 Plan
Section 504 Questions
 Does a Child Need an IEP AND a 504 Plan? There is nothing
in the law that says a child with a disability should have an IEP
for some needs and a 504 plan for others. It’s confusing, it’s
more work, and it’s unnecessary.
 My School Doesn't Do 504s. Will a Child Study Plan Work?
Section 504 of the Rehabilitation Act is a federal civil rights
law that prohibits discrimination against individuals with
disabilities. Compliance is not optional.
 When Schools Punish Sick Children Who Miss School. Public
schools are required by law to accommodate the health needs
of students. The plan to accommodate health needs may be
called a health plan or a 504 plan
Section 504 Questions
 How Can I File a Section 504 Complaint?You should let
OCR know which school, college or other institution you are
complaining about, the person(s) who has been discriminated
against, when the discrimination occurred, and you should
sign and date the letter and let us know how we can reach
you by phone and letter so that we can contact you. If filing
on-line, you will still need to provide an original signature by
mail, which may be done by printing and mailing a "Consent
Form" linked from the bottom of the on-line complaint
form.
 http://www.ed.gov/about/offices/list/ocr/complaintintro.
html
Questions?
Individualized Education Program (IEP)
What is an IEP?
 a product of collaboration between a parent or adult
student and educators who, through full and equal
participation,
 identifies the unique needs of a student with a
disability or giftedness and plan the special education and
related services to meet those needs.
 It sets forth in writing a commitment of resources
necessary to enable the student to receive needed
special education and related services. In addition, the
What is an IEP?
 IEP is a management tool that is used to ensure that each
eligible student is provided special education and related
services appropriate to the student’s special learning needs.
 It serves as an evaluation device for use in determining
the extent of the student’s progress toward meeting the
projected outcomes.
 The IEP is a compliance/monitoring document that may
be used by authorized monitoring personnel from each
governmental level to determine whether an eligible student
is actually receiving the free appropriate public education
agreed to by the parents and the school.
How do I get one for my child?
You must request an
evaluation for Special
Education and Related
Services.
How Long will the evaluation take?
Parents must give permission
to evaluate the student
Evaluations may take up to 80
days from the date the parent
signed permission
What happens NEXT?
 After the evaluations and Eligibility Committee meeting will
be held
 Discuss
 Evaluations
 Formal and informal assessments
 Parent input
 Teacher input
 Determine if the student meets the eligibility criteria in one of
the designated exceptionalities;
 Experiences an adverse effect on educational performance; and
 Needs specially designed instruction
What about the IEP!!!
 The IEP is written AFTER the
Eligibility Committee (EC)
 Can be RIGHT after the EC meeting or
 Within 30 days of the EC and
 Before the initiation of services
IEP
 Individualized Education Program (IEP)
 30 days after a student is determined eligible for services
 Present Levels of Educational Performance (PLEPs)
 Measurable goals
 Special education services
 Related Services
 An explanation of the extent to which your student will NOT
participate with non-exceptional peers
 A statement explaining HOW the student will participate in the
statewide testing program.
 The date when services are to begin and how they will
continue.
 A statement of how and when parents will be informed of
progress toward annual goals.
 Signatures of all those ATTENDING the meeting.
Is that IT???
 NO!!!
 IEP MUST be updated annually
 OR if anyone on the IEP team thinks something is
not working
 Put a request in writing to the student’s teacher
 A meeting will be scheduled or Prior Written
Notice will be provided as to why the meeting
will not be scheduled
Questions?
RESOURCES
 WV Parent Training and Information – 1-800-281-1436
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http://www.wvpti.org/
Office of Special Programs – 1-800-642-8541
http://wvde.state.wv.us/osp/ or
http://wvde.state.wv.us/specialeducationcompliance/
Wright’s Law - http://www.wrightslaw.com/
Office for Civil Rights http://www.ed.gov/about/offices/list/ocr/qa-disability.html
National Association of School Nurses http://www.nasn.org/Default.aspx?tabid=280
More Resources
 West Virginia Department of Education
Office of Special Programs
1900 Kanawha Boulevard, East
Building 6 Room 304
Charleston, WV 25305
http://wvde,state.wv.us/ose
More Resources
 West Virginia Parent Training and Information Center
1-800-281-1436
http://www.wvpti.org
 Mountain State Parents CAN
1-800-244-5385
http://mspcan.org
 West Virginia Advocates
1-800-950-5250
http://www.wvadvocates.org
Thank
You!!!