The 411 on IEPs and Section 504s Claudia Otto, Ph.D. Oklahoma Department of Career & Technology...
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The 411 on IEPs and Section 504s
Claudia Otto, Ph.D.
Oklahoma Department of Career & Technology Education
March 10, 2015
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Disability Laws
Education and Jobs
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Federal Laws Addressing Individuals with Disabilities in Educational Settings
• Individuals with Disabilities Education Improvement Act (IDEIA) – requires free, appropriate public education provided to B-21 years of age
• Section 504 of the Rehabilitation Act (504) – makes discrimination against persons with disabilities illegal and requires that organizations receiving federal funds provide accommodations
• Americans with Disabilities Act (ADA) – makes discrimination a civil rights violation and requires all organizations (public and private) provide accommodations
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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!5
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Section 504
• 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!6
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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
This is self-advocacy!7
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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
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Individualized Education Programunder the
Individuals with Disabilities Education Act of 1990
IEP10
Public Law Number: PL 101-476
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Definition of an IEP
• 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)11
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IEP
• Every public school child with disabilities receiving IDEA-funded special education must have one
• This will transfer to concurrent enrollment and
• Basics about the IEPo individualizedo written plan for a child’s educationo based upon a timelineo lists the special education to be receivedo both a document and a process
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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
o This IEP team meets at least once a year to readdress
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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 accommodationso changes in materials or procedureso do not change standardso allow students to learn within a curriculum framework
• Assistive technology devices and serviceso ensure access to general education curriculum
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Contents of an IEP
• 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
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Violations of IDEA Rights
IDEA / IDEIA
• District Complaint
• Parent Advocacy
• Mediation
• Due Process
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Section 504of the Rehabilitation Act of
1973
50421
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
504
• All institutions must have an internal procedure
• File an ADA / 504 Complaint with Office of Civil Rights of the US Department of Educationo 180 days after date of discriminatory action
• File a civil lawsuito injunctive reliefo attorney’s feeso damages only if it is established that
discrimination was intentional25
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Accommodations & Modifications
Student Success
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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
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• Students are like a puzzle.
• Find the pieces that work for them to see the whole Picture…which is their True Ability!
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Claudia Otto, Ph.D.Disability Services Specialist
OK Department of Career Tech405-743-5596
Thank You!