The 411 on IEPs and Section 504s

Claudia Otto, Ph.D.

Oklahoma Department of Career & Technology Education

March 10, 2015

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

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

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

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

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

Individualized Education Programunder the

Individuals with Disabilities Education Act of 1990

IEP10

Public Law Number: PL 101-476

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• Originally enacted by Congress as EAHCA in 1975 (P.L. 94-142)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

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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26 pages

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

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

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

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!

Claudia Otto, Ph.D.Disability Services Specialist

OK Department of Career Tech405-743-5596

claudia.otto@careertech.ok.gov

Thank You!