southeast ada center webinar series for georgia state parent teacher association the rights of...

Southeast ADA Center Webinar Series for Georgia State Parent Teacher Association

The Rights of Children with Disabilities in Public

Schools: An Overview

Kathy GipsNew England ADA Center

Candace BarfieldButterfly Effects

March 27, 2013

The Southeast ADA Center, in collaboration with Georgia State Parent Teacher AssociationFunded by NIDRR Grant # H133A110021© 2013 All Rights Reserved

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Section 504 of the Rehabilitation ActIndividuals with Disabilities

Education Act Americans with Disabilities ActChildren in Elementary School

Kathy Gips

New England ADA Center

http://adasoutheast.org/


3Ten ADA Centers Funded by the National Institute on Disability

and Rehabilitation Research 1-800-949-42321-800-949-4232



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Introduction to and Brief Overview of

Individuals with Disabilities Education Act Section 504 of the Rehabilitation Act Americans with Disabilities Act



5Individuals with Disabilities Education Act

IDEA provides funds to state educational agencies (SEAs) and local educational agencies (LEAs)

Specifies special education requirements 34 CFR Part 300

Assistance to States for the Education of Children with Disabilities



6IDEA and Section 504 Basic Concepts

Child find Free appropriate public education (FAPE) Evaluation and placement Plan Educational setting Reevaluation Procedural safeguards Transition services



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IDEA and Section 504 Child Find

• Schools must undertake to identify and locate

children with disabilities in their jurisdiction

who are not receiving a public education



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IDEA Definition of Disability

A child evaluated in accordance with IDEA procedures as having (one or more of the conditions listed on next slide) and who, by reason thereof, needs special education and related services.



9Free Appropriate Public EducationFAPE

IDEA and Section 504 require that public school districts provide FAPE to children with disabilities



10Individual with Disabilities Education Act

1. Autism

2. Deaf-Blindness

3. Deafness

4. Emotional Disturbance

5. Hearing Impairment

6. Mental Retardation

7. Multiple Disabilities

8. Orthopedic Impairment

9. Other Health Impairment10. Specific Learning Disability

11. Speech or Language Impairment

12. Traumatic Brain Injury

13. Visual Impairment including Blindness



11When Must Schools Evaluate a Student?

School believes or has reason to believe that a student, because of a disability, may need special education Administration Teacher, based on observation of or work with the

student, expresses the view that an evaluation is needed

Parent of a child requests an evaluation



12IDEA Free Appropriate Public Education FAPE

Special education and related services: Provided without charge Meet standards of SEA (state educational agency) Provided in conformity with an individualized

education program (IEP)



13IDEA Evaluation and PlacementIEP Team

Parents Regular education teacher (if the child is or may

be in reg. ed.)

Special ed teacher or provider

The child (if appropriate) Individuals knowledgeable about the child,

meaning of evaluation data and placement options



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IDEA Program

IDEA requires an Individualized Education Program (IEP)

A statement of the child's present levels of academic achievement and functional performance

Measurable annual academic and functional goals Period reports on progress Description of the special education and related services

and supplementary aids Accommodations necessary to measure the academic

achievement and functional performance of the child on state and district wide assessments



15IDEA Related services and supplementary aids

speech-language pathology and audiology services interpreting services psychological services physical and occupational therapy recreation, including therapeutic recreation counseling services orientation and mobility services school health services and school nurse services social work services in schools assistive technology Transportation

These are examples, could be others….



16IDEA Related services and supplementary aids (cont.)

Team must decide: when the service will begin how often it will be provided for what amount of time where it will be provided



17

IDEA Educational Setting

IDEA requires The least restrictive environment Continuum of placements



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Educational Setting IDEA

Continuum Regular classroom and resource teacher

consults with regular teacher Regular classroom and resource teacher works

with student in classroom Regular classroom with student pullout Self contained classrooms Placement in a another public school or a

private school that specializes in student’s disability



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Reevaluation IDEA

Schools May not make a significant change in a student

with disabilities placement without a reevaluation Must reevaluate at least once every three years,

unless the parent and the public agency agree that a reevaluation is unnecessary



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Procedural Safeguards IDEA

School must provide notice to parents Parent right to review relevant records If parents disagree with eligibility decision or the

IEP they can appeal to an independent hearing officer

If disagree with IHO may ask for a review School districts must provide parents information

about their due process rights



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Enforcement IDEA

Due process hearing Review process Appeal state agency's decision to state or

federal court



22

Section 504 of the Rehabilitation Act

Civil rights law - protects the rights of people with disabilities

Applies to organizations that receive federal financial assistance and to federal agencies

Most (all?) public school districts receive federal financial assistance



23US Department of EducationSection 504 Regulations

34 CFR Part 104 – Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance

Subpart D - Preschool, Elementary, and Secondary Education



24US Department of EducationSection 504 Guidance

Free Appropriate Public Education for Students with Disabilities: Requirements Under Section 504 of the Rehabilitation Act

Student Placement in Elementary and Secondary Schools and Section 504 and Title II of the Americans with Disabilities Act

The Civil Rights of Students with Hidden Disabilities Under Section 504 of the Rehabilitation Act



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Americans with Disabilities Act

Civil rights law - protects the rights of people with disabilities

Applies whether or not school receives federal funds Schools must comply with Title II of ADA 28 CFR Part 35 Nondiscrimination on the Basis of

Disability in State and Local Government Services



26Section 504 Free Appropriate Public Education FAPE

Regular or special education and related aids and services designed to meet the needs of a student with a disability as adequately as students without disabilities



27ADA & Section 504 Definition of Disability

A person who has a physical or mental impairment that substantially limits a major life activity

A person who has a record of a physical or mental impairment that substantially limits a major life activity

Also protected: Person who is “regarded as” having a physical or mental impairment



28ADA & Section 504 Definition of Disability (cont.)

All students who qualify for special education under the Individuals with Disabilities Education Act are also protected under the ADA and Section 504



29ADA & Section 504 Examples

Student with diabetes Student who has cancer Student with psychiatric illness Student with cerebral palsy who has difficulty walking–

maybe uses crutches, cane or wheelchair – maybe not Generally a student with disability who does not need

special education will have a 504 plan (if needs one)



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Section 504 Educational Plan

Section 504 requires:That the student's program be described with

sufficient specificity to demonstrate that the student's needs have been assessed on an individual basis

This is frequently called a “504 Plan”



31Section 504 Evaluation and Placement Team

A group, including individuals knowledgeable about the child, meaning of evaluation data and placement options.

The regulations don’t require parents, though many schools include them (highly recommend).



32

Educational Setting Section 504

Section 504 requires most integrated setting appropriate

Student with a disability may be placed in a separate class or facility only if s/he cannot be educated satisfactorily in the regular educational setting with the use of supplementary aids and services.



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Reevaluation Section 504

Schools May not make a significant change in a student

with disabilities placement without a reevaluation Must conduct periodic reevaluations of all

students with disabilities



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Procedural Safeguards Section 504

School must provide notice to parents Parent right to review relevant records If parents disagree with eligibility decision or

the IEP they can appeal to an independent hearing officer

If disagree with IHO may ask for a review School districts must provide parents

information about their due process rights



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Enforcement Section 504

Due process hearing Review process Complaint with US Dept of Ed Office for Civil

Rights (only reviews school’s procedures not student placement or services)

State or federal lawsuit



36ADA and Section 504Broad Laws Civil Rights Laws

Also have requirements not specific to an individual student

Examples: Facility accessibility for students, parents, staff Modifying policies (permitting a service animal) Providing sign language interpreter for parent

who is deaf and has a parent-teacher meeting



37

Basic Rights in Education

Candace Barfield



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IDEA-Individuals with Disabilities Act

IDEA was originally enacted by Congress in 1975 to ensure that children with disabilities have the opportunity to receive a free appropriate public education, just like other children. The law has been revised many times over the years.



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IDEA - History

The most recent amendments were passed by Congress in December 2004, with final regulations published in August 2006 (Part B for school-aged children) and in September 2011 (Part C, for babies and toddlers). So, in one sense, the law is very new, even as it has a long, detailed, and powerful history.

Reference: http://nichcy.org/laws/idea


http://nichcy.org/laws/idea




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IDEA - IEP

IDEA requires that public schools create an Individualized Education Program (IEP) for each student who is found to be eligible under both the federal and state eligibility/disability standards.


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IDEA - Least Restrictive Environment:

To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

Reference: TITLE I / B / 612 / a / 5


42Can Students with Special Needs/Disabilities Participate in Extra-Curricular Activities?

YES ! Students with disabilities consistently have opportunities to participate in extracurricular athletics equal to those of other students, the GAO recommended that the United States Department of Education (Department) clarify and communicate schools’ responsibilities under Section 504 of the Rehabilitation Act of 1973 (Section 504) regarding the provision of extracurricular athletics.


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Individualized Education Program

IEP-Individualized Education Program Specifies the services to be provided and how

often, describes the student's present levels of performance and how the student's disabilities affect academic performance.

Specifies, measureable goals, accommodations and modifications to be provided for the student.


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6 Considerations to help set goals

1. The Direction we want to go (increase or decrease)

2. The problem we are addressing

3. The Present Level

4. The Amount of Change, by the end of this IEP year

5. The Methodology needed

6. Measured by (standardized test)


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IEP - Process

Identify the student’s individual educational goals and objectives to be emphasized during general education activities

Articulate the expectations for the student’s performance in general education activities

Determine what to teachAs a team, determine the content of the general education activity, theme or unit study

Determine how to teachAs a team, determine if, without modification, the student can actively participate and achieve the same essential outcomes as non-disabled classmates. If the student cannot achieve the same outcomes...


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Accommodations

Assessment accommodations are generally grouped into the following categories:

Presentation (e.g., repeat directions, read aloud, large print, braille, etc.)

Equipment and material (e.g., calculator, amplification equipment, manipulatives, etc.)

Response (e.g., mark answers in book, scribe records response, point, etc.)

Setting (e.g., study carrel, student's home, separate room, etc.)

Timing/Scheduling (e.g., extended time, frequent breaks, etc.)


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Curriculum Accommodations

Modifications to a Curriculum are an Allowable Accommodation

A. What must be addressed first are ACCOMMODATIONS.

B. As a Team, determine if, without modifications, the student can actively participate and achieve the same essential outcomes as classmates without disabilities.

C. If the Team decides the student cannot achieve the same outcomes, you must then ask the question: What support(s) can be put in place to assist this student in participating/succeeding?


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Curriculum Accommodations (cont.)

Curriculum can be Modified as an Accommodation for a Student with a Disability

Select and Design Appropriate Adaptations Lesson format Student-specific teaching strategies Review the physical and social classroom

environment Design modified materials Natural supports and supervision arrangements


49Department of Defense Education Activity (DoDEA)

DODEA Schools in Georgia: The DoDEA instructional program provides a

comprehensive prekindergarten through 12th grade curriculum that is dedicated to attaining highest student achievement for all students.

Currently 100% of DoDEA schools are accredited and in good standing with their regional accrediting agency .

There are currently 7 DOEA schools in the state of Georgia that support children of Military members assigned to Fort Benning, GA.


50Special Education in DODEA Schools

In DoDEA, special education and related services are available to eligible students, ages 3 through 21 years of age.

To be eligible for special education: The child must have an identified disability; The disability must adversely (negatively) affect the

child's educational performance; and The child must require a specially designed

instructional program.


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Eligibility Categories

DoDEA recognizes clearly defined categories of disabilities with specific criteria for determining eligibility. The primary categories and specific disabilities recognized by DoDEA are:

Physical Impairment autism spectrum disorder blind deaf deaf/blind hearing impairment other health impairment orthopedic impairment traumatic brain injury visual impairment

Communication Impairment articulation fluency language/phonology voice

Emotional Impairment Learning Impairment

intellectual disability specific learning disability

Developmental Delay


52Recent Improvements to Special Education for Military Children

Governor Nathan Deal signed the Military Interstate Children’s Compact(MIC3) legislation into law at Fort Benning on April 25, 2012

Georgia became the 42nd state to become a member. There are currently 44 member states!


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*About MIC3 The goal of the compact is to replace the widely varying

policies affecting transitioning military students. The compact leverages consistency: It uses a comprehensive approach that provides a consistent policy in every school district and in every state that chooses to join.

The compact addresses key educational transition issues encountered by military families including enrollment, placement, attendance, eligibility and graduation.

Children of active duty members of the uniformed services, National Guard and Reserve on active duty orders, and members or veterans who are medically discharged or retired for one year are eligible for assistance under the compact


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*Open Discussion &

Questions


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Contact

Kathy GipsDirector of Training, New England ADA Centeremail: [email protected]: 617-259-1644 voice/tty

Candace Barfield

Line Therapist, Behavior Instructor,

Butterfly Effectsemail: [email protected]


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THANK YOU!


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Questions or Help Contact Us:

Phone: Southeast ADA (404) 541-9001 [voice/tty]

Email: [email protected]

Web: ADAsoutheast.org

Office Hours: Monday - Friday, 9:00 a.m. to 5:00 p.m. [Eastern]

Teach for America Webinar Series for Special Educators Website: http://adasoutheast.org/tfa


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DisclaimerThe Southeast ADA Center is authorized by the National Institute on Disability and Rehabilitation Research (NIDRR) to provide information, materials, and technical assistance to individuals and entities that are covered by the Americans with Disabilities Act (ADA) and its Amendments under Grant No. #H133A110021. However, NIDRR is not responsible for enforcement of the ADA. For more information or assistance, contact your regional ADA Center via the ADA National Network at adata.org or call 1-800-949-4232 [voice/tty].

The information, materials, and/or technical assistance are intended solely as informal guidance, and are neither a determination of your legal rights or responsibilities under the Act, nor binding on any agency with enforcement responsibility under the ADA. The Burton Blatt Institute (BBI) at Syracuse University does not warrant the accuracy of any information contained herein. Any links to non-BBI information are provided as a courtesy. They are not intended to nor do they constitute an endorsement by the BBI of the linked materials.

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