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					504 or IEP?
The Right Plan for Your Child Janet H. Brewer M. Ed Factor Health Alliance
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Factor Health Management
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The following is a summary of 504/IEP processes and plans. This is just a summary and is in no way intended as legal advice. This presentation is an overview and does not cover all issues that may arise under these laws. The information provided herein is not intended, nor should it be used as legal advice. The advice of legal counsel should be sought to answer any specific questions.

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IDEA
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IDEA: Individuals with Disabilities Education Act AKA PL 94-142 or Education of the Handicapped Act Federal law enacted originally in 1974 Amended in August 2004 with the final regulations published in August 2006 300+ page document located at www.nichcy.org
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IDEA
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IDEA requires states to provide a “free, appropriate public education” to children with disabilities so they can be educated to the fullest extent possible with other children. If qualified, children are provided with special education AND related services under an Individualized Education Plan.
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504
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Section 504 of the Rehabilitation Act of 1973 Commonly referred to as Section 504 Focus is on non-discrimination Maintains that “no otherwise qualified individual with a disability will be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity receiving Federal financial assistance.”

-29 U.S.C 794 (a) (1973)

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ADA
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Americans with Disabilities Act (ADA) Passed in 1990 Almost like an extension of the 1973 Rehabilitation Act or Section 504 Provides for the elimination of barriers related to accessibility for the disabled to buildings, transportation and communication.
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In short
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IDEA-provides special education AND related services to qualified individuals with a disability through an Individualized Education Plan 504/ADA provides related services to qualified individuals with a disability through a 504 plan. Focus is on providing access or removing barriers to participation

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What is a disability?
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The term child with a disability means a child who has been evaluated and is determined as having: mental retardation hearing impairment including deafness speech or language impairment visual impairment including blindness serious emotional disturbance orthopedic impairment autism traumatic brain injury other health impairment specific learning disability
Federal Regulation Part 300-IDEA 8

Other Health Impairment
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Having limited strength, vitality or alertness, including a heightened alertness to environmental stimuli that results in a limited alertness with respect to the educational environment, that…
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Is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever and sickle cell anemia and Adversely affects a child’s educational performance

IDEA

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Medically Related Disability
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Any person who: Has a physical or mental impairment which substantially limits one or more major life activities (those basic activities that the average person in the general population can perform with little or no difficulty) Has a record of such impairment Is regarded as having such an impairment
ADA 10

So Now What??
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Help!

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Door Number 1
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Scenario:
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Your child is a great student! You-nor your child’s teachers have any academic, attention or behavioral concerns Your child has a bleeding disorder
Recognized disability by both IDEA and ADA/504 federal laws  Will benefit from Related Services and/or Accommodations
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Solution
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Contact your child’s principal Explain that your child has a bleeding disorder Ask to convene a parent meeting with your child’s teacher, school nurse and administrative representative Develop an Americans with Disabilities Act or 504 Plan
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Door #2
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Scenario: Your child is struggling with academic subjects
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Oral Expression Listening Comprehension Written Expression Basic Reading Skill Reading Comprehension Mathematics Calculation Mathematics Reasoning

Part 300 Federal Regulations

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The Evaluation Process
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Begins with a screening process:
For students with academic concerns Curriculum-based or performance-based assessments Observation (behavioral difficulties) Intervention based on above assessments Assessment of students response to intervention Determination if difficulties are the result of lack of instruction or limited English proficiency Determination as to whether the students need exceeds their ability to function in a regular education setting Activities for parental involvement
PA Regulation Chapter 14 15

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The Evaluation Process
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Screening Process is designed to last for 60 days-depending upon state. If prescribed and assessed interventions appear insufficient, the evaluation process becomes more formal Screening activities do not prevent the parent from requesting a written evaluation
PA Regulation Chapter 14 16

The Evaluation Process
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Upon receipt of a written request from parents, the school system will conduct an evaluation in all areas of suspected difficulty-including an assessment by the school psychologist This initial evaluation will be completed and copies of all reports will be provided to parents no later than 60 school days after consent is received
PA Regulation Chapter 14 17

The Evaluation Process
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Will include:
Variety of assessment tools Parental information and developmental background Teacher assessment Specific to the child’s native language Take into account limited vision, hearing or motor impairment
Federal Regulations Part 300 18

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Determining Eligibility
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After 60 school days when all assessments and reports are complete, a meeting is scheduled. Specialists will share results with parents, and as a team determine whether the child’s difficulties are the result of a specific disability and is not the result of a visual, hearing or motor impairment, mental retardation, emotional disturbance, environmental, cultural or economic disadvantage or lack of instruction

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IEP or 504?
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Question:
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Does the student have one or more of the following types of disabilities?
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Physical, sensory, mental or emotional Emotional disturbance Orthopedic impairment Hearing-Vision impairment Autism Traumatic brain injury Other Health Specific Learning Disability Multiple Disabilities

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AND
 Require

Specially Designed Instruction to make Progress?
Adapted instruction designed to meet the unique need of the child with a disability. The content, methodology or delivery of instruction is changed to ensure the child access to the general curriculum
Federal Regulation Part 300 21

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IEP/504
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If BOTH of these criteria are met, then the child qualifies for an IEP If the child is identified as having a disability but does not require specially designed instruction then they qualify for a 504 which will provide related services and accommodations.
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IEP
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Individualized Education Plan
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Team Members
Parent  One general education teacher  One special education teacher  Someone who can interpret evaluations  School district representative
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Qualified to provide or supervise special education plans Typically principal or assistant

PA Regulation Chapter 14

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Individualized Education Plan
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An IEP will contain:
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Statement of child’s present levels of performance
How the disability affects the child’s involvement in the regular curriculum  Measurable annual goals and objectives  Statement of special education and related services that will be provided  Explanation as to the extent that they child will be serviced outside the regular education classroom
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Individualized Education Plan
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An IEP will contain:
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Statement of modifications to state or district wide assessments or if the child will use an alternate assessment Statement as to how the child’s progress will be measured and how often parent’s will be informed Transition services (14 or older)
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Advanced-placement courses Vocational training Interagency linkages

Part 300 Federal Regulations

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Student Accommodation Plan Section 504, Rehabilitation Act of 1973
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504 Will Include:
Reason for intervention Assessments used to determine handicap How handicap affects major life activities Reasonable Accommodations/Modifications/Adaptations Meeting Participants

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Reasonable Accommodations
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Schedule of Physical Education activities Extra set of books at home Extended travel time around building Extended time for homework/make-up work All medically related absences are excused with no loss of credit Field trips to include a nurse
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Reasonable Accommodations
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Medications, needles and supplies maintained in the nurse’s office Permanent pass to the school nurse Staff in-service Tutoring due to absences Physical education credits for participating in outside physical therapy Audio or video tapes of class lectures
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Reasonable Accommodations
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Regular email contact from teachers regarding missed assignments Note takers Homework posted on the school district internet Permanent pass for school elevator Individualized Health Care Plan

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Related Services
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May Include:
Speech/language Audiology (hearing loss) Psychological Physical/Occupational therapies Counseling Rehabilitative counseling School health services Transportation
Federal Regulation Part 300 31

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One More Plan
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Individualized Health Care Plans
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For students with mild to severe health care needs who require frequent nursing services at school Helps to assure safe health care for the student, and provides documentation regarding the extent of services provided Developed by:
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Parents Registered Nurse Student Medical Provider (optional)
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Individualized Healthcare Plan
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History Assessment Nursing Diagnosis Goals Nursing Intervention Outcome

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Contact Information for File
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Necessary phone numbers both the School Nurse and teachers should have available:
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Mother and Father: Home, Work, Cell, Email Back-up Family/Friend Hemophilia Treatment Center
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Physician/Nurse Coordinator @ HTC Family Physician Social Worker @ HTC Preferred emergency department/hospital Ambulance Company Insurance Company
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Medical Background for File
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Vital information
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Type/severity of bleeding disorder Bleeding patterns/frequency Significant bleeding episodes Related illness(es) Drug allergies Treatment product and dose Other medications
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Medical Background for File
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For example: Severe Hemophilia A
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Treats prophylactically 3x/week with 1000 units recombinant factor VIII Infrequent breakthrough bleeds Past significant episodes: left ankle target joint NKDA: (ASA/NSAIDS contraindicated) Amicar 50mg/kg q 6 hours for mouth bleeds

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Individualized Health Care Plan
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Assessment
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Knowledge/perception about hemophilia  School  Student/family  Students ability to do self care  Motivation for self care  Barriers  Health Status  Environmental Assessment
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Individualized Healthcare Plan
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Nursing Diagnosis  Potential for injury related to factor deficiency  Potential for alteration in comfort  Potential for alteration in mobility  Knowledge deficit related to disease/management  Potential for noncompliance  Potential for alteration in student role
National Hemophilia Foundation 38

Individualized Healthcare Plan
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Goals
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Prevent injuries/safety measures  Not always able to prevent bleeds  Develop emergency plan  Comply with medical treatment
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Prevention Treatment Good Decision Making Good attendance Maximum participation
National Hemophilia Foundation 39

Individualized Healthcare Plan
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Nursing Intervention
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Environmental assessment to prevent injury Safety measures Emergency plans for bleeding episodes at school Adequate knowledge of medications and side effects Appropriate authorizations Obtain needed equipment/supplies
National Hemophilia Association 40

Individualized Healthcare Plan
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Nursing Interventions con’t  Keep accurate records  Discuss bleeding prevention with staff  In-services as needed  Provide/coordinate health education opportunities  Choose and implement motivators to compliance  Remove barriers  Monitor attendance patterns/academic performance

National Hemophilia Foundation

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Individualized Healthcare Plan
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Outcomes
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The student will:  Describe disease and treatment  Identify healthy lifestyle decisions  Take appropriate safety measures/protective equipment  Maintain good attendance  Be a normal kid!
National Hemophilia Association 42

Your Rights
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Your child has the right to a free appropriate public education Your child has the right to the same access as their non-disabled peers You have the right to an independent evaluation at the district’s expense if you are not satisfied with the school’s evaluations
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Your Rights
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You are entitled to review your child’s records You are entitled to being a part of all decision making when it comes to educating your child You are entitled to a hearing or mediation if you feel your child’s rights are not being honored
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Grievances
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Start with your local school system
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Teacher Principal Special Education Director ADA Coordinator Superintendent Department of Education Office for Civil Rights
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Grievances
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If you have exhausted all avenues with the school system:
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File a formal written complaint with the Office for Civil Rights Office for Civil Rights enforces federal civil rights laws that prohibit discrimination in programs or activities that receive federal financial assistance from the Department of Education
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Civil Rights
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Apply to:
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All state education agencies Elementary/Secondary Schools Colleges/Universities Vocational schools Libraries Museums

Office for Civil Rights www.edu.gov

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Factor Health Management


The following is a summary of 504/IEP processes and plans. This is just a summary and is in no way intended as legal advice. This presentation is an overview and does not cover all issues that may arise under these laws. The information provided herein is not intended, nor should it be used as legal advice. The advice of legal counsel should be sought to answer any specific questions.

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