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504-or-IEP Powered By Docstoc
					    504 or IEP?
The Right Plan for Your Child
   Janet H. Brewer M. Ed

     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. This presentation is the sole
    property of Factor Health Management and may
    not be copied or reproduced without permission.

   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
   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.

   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)        5
   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

                      In short
   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

            What is a disability?
   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
   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…
       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                              9
     Medically Related Disability
   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
   Has a record of such impairment
   Is regarded as having such an impairment

                        ADA                     10
            So Now What??
   Help!

                 Door Number 1
   Scenario:
       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

   Contact your child’s principal
   Explain that your child has a bleeding
   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

                       Door #2
   Scenario:
   Your child is struggling with academic subjects
       Oral Expression
       Listening Comprehension
       Written Expression
       Basic Reading Skill
       Reading Comprehension
       Mathematics Calculation
       Mathematics Reasoning

                       Part 300 Federal Regulations   14
         The Evaluation Process
   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
        The Evaluation Process
   Screening Process is designed to last for
    60 days.
   If prescribed and assessed interventions
    appear insufficient, the evaluation process
    becomes more formal
   Screening activities do not prevent the
    parent from requesting a written

                   PA Regulation Chapter 14   16
       The Evaluation Process
   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
   Will include:

   Variety of assessment tools
   Parental information and developmental
   Teacher assessment
   Specific to the child’s native language
   Take into account limited vision, hearing or
    motor impairment

                     Federal Regulations Part 300   18
          Determining Eligibility
   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

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

 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
   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.

   Individualized Education Plan
       Team Members
         Parent
         One general education teacher

         One special education teacher

         Someone who can interpret evaluations

         School district representative
               Qualified to provide or supervise special education plans
               Typically principal or assistant

                              PA Regulation Chapter 14                  23
   Evaluations completed within 60 school days
    following written parental consent
   A copy of the evaluation report and a summary
    will be communicated to you a least 10 days
    before the IEP meeting
   IEP must be completed within 30 calendar days
    after the evaluation team issues its Evaluation
   IEP put into action no later than 10 school days
    after completion

                    PA Regulation Chapter 14-Parent's
                                  Guide                 24
    Individualized Education Plan
   An IEP will contain:
       Statement of child’s present levels of
          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

    Individualized Education Plan
   An IEP will contain:
       Statement of modifications to state or district wide
        assessments or if the child will use an alternate
       Statement as to how the child’s progress will be
        measured and how often parent’s will be informed
       Transition services (14 or older)
            Advanced-placement courses
            Vocational training
            Interagency linkages

                            Part 300 Federal Regulations       26
         Student Accommodation Plan
     Section 504, Rehabilitation Act of 1973

   504 Will Include:
   Reason for intervention
   Assessments used to determine handicap
   How handicap affects major life activities
   Reasonable
   Meeting Participants

    Reasonable Accommodations
   Schedule of Physical Education activities
   Extra set of books at home
   Extended travel time around building
   Extended time for homework/make-up
   All medically related absences are excused
    with no loss of credit
   Field trips to include a nurse
    Reasonable Accommodations
   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
    Reasonable Accommodations
   Regular email contact from teachers
    regarding missed assignments
   Note takers
   Homework posted on the school district
   Permanent pass for school elevator
   Individualized Health Care Plan

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

                     Federal Regulation Part 300   31
                Your Rights
   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

                 Your Rights
   You are entitled to review your child’s
   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

   Start with your local school system
       Teacher
       Principal
       Special Education Director
       ADA Coordinator
       Superintendent
       Department of Education
       Office for Civil Rights

                   Your Rights
   If you have exhausted all avenues with
    the school system:
       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

                  Civil Rights
   Apply to:
       All state education agencies
       Elementary/Secondary Schools
       Colleges/Universities
       Vocational schools
       Libraries
       Museums

                    Office for Civil Rights   36
   PA Special Education ConsultLine
       800-879-2301
       United States Department of Health and Human
            800-368-1019
            Office for Civil Rights
            Eastern Division 215-656-8541


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