Advocating for Appropriate
Educational Services
IDEA and Section 504
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Educational Services:
Legal Protections
Individuals with Disabilities Education
Act (IDEA)
Section 504
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INTENT: The Big Picture
Section
504: Equal
Opportunity Legislation
IDEA: Funding Legislation
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Main Differences
Intent of the law
Funding
Eligibility
Procedures
Procedural Safeguards
Enforcement/Monitoring Agency
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IDEA: Who’s Eligible
Any infants, toddlers with disabilities
0-2 and children 3-21
Who have a disability as specified in
IDEA, and
Whose disability has an adverse affect
on the child’s education.
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Section 504: Who’s Eligible
Anyone who:
Has a physical or mental impairment which
substantially limits one or more major life
activities,
Has a record of such impairment, to
Is regarded as having such an impairment,
AND who’s disability substantially limits one
or more major life activities.
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IDEA and Section 504
Who’s Eligible?
Regular Ed. Students
504 Students
IDEA and 504
Students
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IDEA—Fundamental
Concepts
Zero-reject
Free and Appropriate Public Education
(FAPE)
Individual Educational Plan (IEP)
Least Restrictive Environment (LRE)
Parent Participation (Procedural
Safeguards)
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Zero Reject and FAPE
All students have a right to
a free and appropriate
education
All means All
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Least Restrictive Environment
The student shall be placed in the
regular educational environment
unless the child’s education cannot be
achieved satisfactorily even with the
use of supplementary aids and
services
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Multifactored Evaluation
A variety of assessment tools
By a qualified person using validated tests
By more than one person (multidisciplinary
team)
Include all areas of suspected disability
If parents are not satisfied with the
evaluation, they have the right to request an
independent evaluation, at no cost
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Two Purposes of Evaluation
Determine Eligibility
Determine the content of the
child Individual Educational
Program
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Individual Education Plan (IEP)
Statement of the child’s present levels of
performance
Annual goals and benchmarks
Statement of services (special education,
related and supplementary services)
Explanation of extent child will participate
with nondisabled children
Modifications for state testing
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Special Factors
Behavior
Limited English Proficiency
Need for Braille instruction
Communication needs
Consideration of need for assistive
technology
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IEP Team
Parents
Teacher(s), special education providers
District Representative
Related Service personnel
Individual knowledgeable about evaluation
results
Anyone selected by the school or the
parents
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Procedural Safeguards
Parents must be provided with a copy of
safeguards, including:
– Independent evaluation
– Prior written notice
– Parental consent
– Access to educational records
– Opportunity to present complaints
– Mediation and due process
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When Parents Disagree
Request a case conference
Request an administrative review
Request mediation
File for Due Process
File a complaint with the state
department of education
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Communication Obstacles
Listener’s preoccupations
Speaker’s assumptions
Group size and familiarity with
those in the group
Lack of common experience
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How to Improve
Communication
Listen for the content of the message
Attend to the speaker’s body language
Paraphrase—So what you’re saying is…
Check your perceptions—You’re feeling
nervous...
Give I messages
Give feedback
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Parent Perspectives
Cycle of parents’ reactions—Shock,
panic, searching and struggle,
acceptance, recovery and maintenance
“Stranger in a strange land” IDEA
responsibilities
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Myths About Professionals
They are Super-Experts
They are Totally Objective
They are Free Agents
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Common Mistakes
Focusing on minor procedural issues; this is the
moral equivalent of war
Too trusting of administrators and teachers
All or nothing approach, instant change
Not understanding educator’s need for
education by parents
Not trying suggested programs/services
Trying to “micro-manage”
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Common Mistakes
Not responding in a timely manner to
proposed IEPs
Not documenting, conversations regarding
issues of concern with the school
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Communication with Systems
Learn the system’s rules
Seek out system resources to help
with learning rules
Always communicate on paper, date,
and keep a copy
Follow appeal procedures when
agreement cannot be reached
Expressions of anger are unproductive.
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Types of Modifications
Assignments
Directions
Testing
Classroom/Tools
Altered Schedules
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Assignments
Simplified
Reduced
Extended Time
Broken down
Use of alternative books
Daily planner
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Directions
Oral
Shortened
Written with oral
Steps numbered or sequenced
Visual cues
Examples of activity
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Testing
Resource room or library
Open book/open note
Extended time
Oral testing
Spelling errors not counted
Independent project instead
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Classroom/Tools
Assigned/preferential seating
Group assignments
Use of calculator
Provision of outline/notes
Use of hand speller
Support for laboratory classes
Use of a scribe
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Altered Schedules
Delayed start
Early release
Extended time for change of class
Intermittent home instruction
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Resources
Parent Training and Information
Centers
– [Link]
Wright’s Law
– [Link]
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School is supposed
to work for kids
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