Presentation to SW ADA

The ADA, IDEA, and Section 504 in Education: Understanding the laws, advocacy strategies and current issues for our children with disabilities Presenter: Cheryl Theis, Education Advo

The ADA, IDEA, and Section 504

in Education:

Understanding the laws, advocacy

strategies and current issues for our

children with disabilities

Presenter:

Cheryl Theis,

Education Advocate, DREDF

• Unique alliance of people with disabilities and parents of children with disabilities

• National law and policy center dedicated

to protecting and advancing disability

civil and human rights

• Envisions a just world where all people, with and without disabilities, live full and independent lives free of discrimination

• Disability rights are civil rights

Children have rights

• Information is power

Children & Family Advocacy Program:

• Parent Training and Information (PTI) Center for Alameda, Contra Costa & Yolo

• Foster Youth Resources for Education (FYRE) for Alameda County

• Legal advocacy and representation in

Class Action cases involving systemic

abuses

• Educate legislators and policy makers

on issues (such as IDEA, ADA)

affecting the rights of people with

disabilities

Some reasons why we do what we do:

• Prior to IDEA in 1975, only 1 in 5 children with disabilities were served by US schools.

• In 2005, 56% of CA children enrolled in

special education graduated with a diploma

• In 2008, 36% of CA 10th graders enrolled in special education passed the CA High School Exit Exam (now a diploma requirement).

• 85% of services specified in Individualized

Education Plans (IEPs) are actually provided.

• Children with disabilities who have consistent, knowledgeable advocates are most likely

to receive appropriate services & supports!

Laws:

That protect students with disabilities

Laws:

That protect students with disabilities

No Child Left Behind / 2002

• A federal Education Law

• For ALL students, with a focus on

traditionally “under-served” students

• School accountability to increase school performance and outcomes

• Requirements for “highly-qualified”

teachers and paraprofessionals

• Process to change school or get

remediation if school fails to meet

Adequate Yearly Progress (AYP)

NCLB

Family Educational Rights & Privacy Act

• A federal Education Privacy Law

• For ALL students

• Right to inspect and review

“any and all” records the district keeps Timeline in CA: within 5 days

• Right to request correction of records that are inaccurate or misleading

• Right to consent to disclosures of

personally identifiable information

contained in education records

FERPA

Section 504

of the Rehabilitation Act / 1973

• A federal Anti-Discrimination Law

• Protects ALL people with a disability

that impairs one or more major life

activity (learning is one)

• Prohibits discrimination in ANY program that receives federal dollars

• Provides accommodations to remove

discriminatory barriers

• In education, a “504 Plan” removes

barriers to learning and opportunities

504

Individuals with Disabilities

Education Act / 1975

• A federal Education Law

• For students with at least one of 13

qualifying categories of disability

• Who ALSO need specialized support and instruction to benefit from education

• Provides a “special education” plan: “IEP”

- specialized instruction

- related supportive services

• “IEP” must be individualized to meet a student’s unique needs

IDEA

A civil rights law to prohibit discrimination

solely on the basis of disability in

employment, public services, and

accomodations

Protects: Any individual with a disability who: (1) has a physical or mental impairment that substantially limits one or more life

activities; or

(2) has a record of such impairment; or

(3) is regarded as having such an impairment  Note: the person must be qualified for the program, service, or job

• ADA provided additional protection in

combination with actions brought under Section

504  Reasonable accommodations are required for eligible students with a disability to perform essential functions of the job  

• ADA protections apply to nonsectarian private schools, but not to organization or private

schools, or entities controlled by religious

organization;

• Applies to any part of the special education

program that may be community-based and

involve job training/placement Also applies to Childcare centers and recreation programs.

The Americans with Disabilities Act of 1990 (ADA), the Individuals with Disabilities

Education Act (IDEA), and Section 504 of the Rehabilitation Act of 1973 represent

three attempts to improve the living

conditions of those with disabilities, to

ensure equal access, and to promote inclusion

Go to:

http://www.dredf.org/advocacy/comparison.html

For a comparison of these laws.

How do the ADA, 504 and IDEA relate to

each other?

How do the ADA, 504 and IDEA relate to

each other?

Section 504 covers disabled persons in

programs receiving federal funds:

- public schools explicitly, but also

- publicly-funded programs such as day care

protection against discrimination under Section

504, a student must have a physical or mental impairment that substantially limits one or more major life activities [29 U.S.C 706 (8)(B)]

CA statutes broaden “physical disability”

definition.

What is Section 504?

A student is entitled to a Free and Appropriate Public Education (FAPE)

• This can consist of special services and program modifications

504 Plan

• Designed to reasonably accommodate the

student’s condition so that his/her needs are met

as adequately as the needs of students without disabilities.

Provided in the Least Restrictive Environment (LRE) Removes Barriers, Provides equal access

EXP: Ramp into the school to access learning like

other students, Computer access so student can

“show” what she knows.

SECTION 504—

Leveling the playing field SECTION 504—

Leveling the playing field

Students may receive services, accommodations

and modifications for “equal access” to educational opportunities afforded all students.

Accommodations are program adjustments made to remove disability-related barriers to full

participation in school: “leveling the playing field”

Academic modifications may be necessary even if major activity of “learning” is not affected

Ex: P.E curriculum changes, school schedule

Nonacademic AND extracurricular activities are included Ex: field trips, athletics and assemblies.

ALL determined by student’s individual needs.

Accommodations for children with diabetes

might include:

• Ability to leave class when needed

• Free access to food and water

• Preferential seating

• Administration of health protocols in class

• Additional time to complete assignments

without penalty

• Ability to make up work missed to fulfill

health-related needs or doctor’s

appointments without penalty.

See sample “504 Plan” for a child with diabetes

on DREDF website under Special Education.

Services, Accommodations and

Modifications

Services, Accommodations and

Modifications

Relationship of Protective Laws

IDEA eligible

ALL students

504 eligible

IDEA-eligible students are protected

by ALL these laws just discussed

A Student with an IEP may also need accommodations

to prevent discrimination

Cycle of Special Education

Reason for Concern / Dx Request

Assessment

Assessment Plan: within 15 days

“(c) Findings Congress finds the following:

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…”

“(d) Purposes The purposes of this title are - (1)(A)

to ensure that all children with disabilities have available to them a free and appropriate public

education…designed to meet their unique needs

AND prepare them for further education,

employment, and independent living…”

—IDEA / 20 U.S.C § 1400

IDEA: Purpose

with 1 of 13 eligibility categories:

AND who by reason of their disability needs special

education and related services in order to benefit from their education Determined by the assessments!

*or sooner if the student earns a full high school diploma

8. Other Health Impairment

9 Serious Emotional Disturbance

10 Specific Learning Disabilities

11 Speech or Language Impairment

12 Traumatic Brain Injury

13 Visual Impairment / Blindness

IDEA: 6 Core Principles

1 Appropriate Evaluation/Assessment

2 Free & Appropriate Public Education (FAPE)

3 Individualized Education Plan (IEP)

4 Least Restrictive Environment (LRE)

5 Parent (and student if appropriate) participation

in the decision-making process

6 Procedural Safeguards

Referral for Special Education

• SAFEGUARD: WRITTEN request triggers a strict

timeline and an “affirmative obligation” to assess

“CHILD FIND” provision of IDEA law

• In 15 calendar days, the district must present you

with an “Assessment Plan” for your consent

Parent can take 15 more days to ask their questions

• Upon your consent, the district has

60 calendar days to evaluate your child

and hold an IEP meeting

• TIP: A request for special education

assessment legally supercedes a

Student Study Team (SST) meeting

Referral for Special Education

• Parent generally makes initial referral for Special

Education/504 assessment But it can be a anyone

concerned about the student’s educational needs

• WRITE a “Request for Assessment” letter to

Special Education director or District 504 coordinator (or both); cc others if needed

• SAFEGUARD: If you ask verbally, the district is

obligated to help you put your request in writing

• Students must be comprehensively assessed

“in all areas of suspected disability”

to determine need for special education

• TIP: If eligibility assessment, include

“504 assessment” request in case child does

not qualify under IDEA Saves precious time.

Assessment Rights

• Parent consent is required

• Independent (outside) assessments must be considered

• Right to review results in advance of the IEP meeting

TIP: Request in your “request for assessment” letter!

• Assessment in child’s language/mode of communication

• Variety of tools & strategies must be used to determine:

• If a child has a disability under IDEA

• Contents of the IEP document

• Technically sound instruments

• Qualified professionals

• Parent has a right to disagree via “IEE”

IEE

Independent Educational Evaluation “at public expense”

• If parent disagrees with a district assessment,

parent has a right to ask for an IEE and for the district

to pay for it

• Parent sends WRITTEN notice, or request, for IEE

• Without unnecessary delay, district must agree to either:

- pay for the IEE, or

- file for a Due Process hearing to show assessment

was appropriate A judge decides

• Independent Educational Evaluations

MUST be considered, no matter who paid

• Qualified evaluator

No requirement to pick from district list

IDEA: Intent

• Expect success Presume competence

• Provide access to the general education curriculum

• Prepare students for their future Expand their future

• Strengthen the role and responsibility of parents

• Ensure that special education is a service rather than a place where children are sent

• Provide appropriate instruction, services

and supports in regular environments

• Use technology to maximize accessibility

• Promote democracy

Meeting Preparation

• Talk to your child (DREAMS / CONCERNS / I WISH…)

• Gather Your Thoughts (VISION STATEMENT)

• Prior Meetings with Teachers

• Gather/Organize Independent Reports/Evaluations

• Find out availability of the people you will need to attend

• Observe Placements Network with families about placement

• Make an Agenda

• Make a List of Questions/Concerns

• Prepare a “Parent Report” You are an EXPERT!

• Understand your rights

IEP: Preparation

• District must provide WRITTEN NOTICE of

IEP meeting (date, time allotted & participants)

• Let district know ASAP if you need another date/time

• Let district know what team members you need there

• Provide WRITTEN notice at least 24 hours in advance:

• if you plan to tape record the meeting

• if you plan to bring an attorney

• Request/remind the district to provide

all written materials & assessment reports

5 working days before meeting

IEP: Good Record Keeping

YOUR CHILD’S RECORDS ARE THE FOUNDATION OF THEIR FUTURE.

Good records should provide a complete picture of your child

• Approach like you are conducting BUSINESS

• Request records when needed

• Document your key concerns and understandings

in writing…REAL writing

ALWAYS: Be truthful, reasonable, direct

Email: advantage and disadvantage

• Retain proof of delivery of correspondence

you send to the school district

• Keep Phone logs and email collections

IEP: Team rules

• Translators as requested/needed

• Others may attend at invitation of parent or district

who has knowledge of student

Person inviting has the right to determine appropriateness

• A team member may be excused when the parent

AND the school district consent to the excusal

• Parent must consent in writing

• Member submits in writing input to the development of the IEP prior to the meeting

• A team member may be excused when

her area is not being discussed or modified

• Parent must consent in writing

• Teams can meet by alternate ways:

Speakerphone, video conference, etc

IEP: Think of it this way!

- Special Education is a SERVICE

- brought to the student through the IEP

- in order to CLOSE THE GAP

between the student’s

Visualize an Elevator!

IEP: Big Questions

• Where are we now? Present Levels of eduPerformance (PLOP)

• Where are we going? GOALS/OBJECTIVES

• How are we going to get there? SERVICES & INSTRUCTION

• How do we know when we have succeeded?

MEASUREMENT: What objective DATA will tell us if we have?

• How and when progress will be reported

• * Educational performance is a BROAD

term specifically selected by Congress

PLOP is NOT limited to academic

performance only

IEP: S.M.A.R.T Goals

SPECIFIC:

clear descriptions of the knowledge and skills that will be taught and how the child’s progress will be measured

MEASURABLE: you can count or observe it

ACTION WORDS: “child will be able to ”

REALISTIC / RELEVANT: to child’s unique needs that

result from the disability

TIME-LIMITED: what does the child need

to know and be able to do after

1 year of special education?

Monitored at regular intervals

Goal: More than “being there”

Kylie will participate in physical education

Provided with adapted equipment, strategies and

training, within the general education physical

education class, with support from the Adapted P.E (APE) instructor, Kylie will acquire skills in 3 or more physical education activities that promote flexibility and strength in upper arms and body,

promote balance, and independent

movement, as measured by APE data

collection and P.E grade/comments in

school report cards