Students with Disabilities

1. Students with Disabilities Legal Rights in Public School

2. The Laws • Americans with Disabilities Act – Title II • Rehabilitation Act – Section 504 • Individuals with Disabilities in Education Act -- IDEA

3. Title II of the ADA Subchapter II, Part A, of the Americans with Disabilities Act at 42 U.S.C. § 12132: No qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by such entity.

4. Section 504 of the Rehab Act Section 504 at 29 U.S.C. § 794 Prohibits school districts from denying or excluding an individual with a disability from participation in any program or activity that receives or benefits from federal financial assistance.

5. The ADA and 504 Except for accessibility of buildings, and modifications and accommodations, Section 504 and ADA provide few protections and limited benefits to children with disabilities in public schools.

6. Purpose of 504 and ADA Both are civil rights laws. Section 504 was passed first and it protected individuals with disabilities from discrimination for reasons related to their disabilities. The ADA expanded the agencies and businesses that have to comply with the non-discrimination and accessibility provisions.

7. But… Neither Section 504 nor the ADA guarantee that a child with a disability will receive an individualized educational program that is designed to meet the child’s individual needs and bestow educational benefit so that the student will become prepared “for further education, employment and independent living.” This, however, is the promise of another law.

8. IDEA In the Individuals with Disabilities in Education Act, called IDEA, Congress stated that one purpose of the law is to “ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment and independent living.” (Section 1400(d)(1)(A))

9. IDEA Requires school districts to provide a Free Appropriate Public Education (FAPE) to students with disabilities who are eligible to receive special education services.

10. Procedural Protections Section 504 protects children with disabilities from discrimination, but unless the child receives special education services under IDEA, the child does not have the procedural protections and safeguards that are available under IDEA.

11. Accommodations and Modifications Under 504, a child with a disability may get accommodations and modifications that a child without a disability won’t get, but these accommodations and modifications are also available under IDEA.

12. Difference between accommodations and modifications Accommodations change the way students are taught & tested, but do not change the course content or expectations. Examples: desk near the teacher, more time for tests, shorter assignments. Modifications change what students are expected to learn, but still allow them to interact with other students in their learning experiences. Examples: use of a calculator or a word bank, different books or materials on the same topic, simpler language on tests.

13. Eligibility Under 504: Student must have a physical or mental impairment that substantially limits one or more major life activities

14. Eligibility Under IDEA: Must fit into a category – auditory impairment, autism, deaf-blind, emotional disturbance, mental retardation, multiple impairments, orthopedic impairment, other health impaired, specific learning disability, speech or language impairment, traumatic brain injury, visual impairment, blindness – and must need special education and related services in order to get an educational benefit from school.

15. ADA IDEA AEP SDAA AT BIP ECI ESY IDEA FERPA FAPE IEP ITP LRE FBA PPCD FIE Words and Acronyms

16. Keep Records • Teacher notes, including all emails • Progress reports • Report cards • Achievement tests • Discipline reports • Evaluations • Reports from doctors • IEPs, BIPs, ITPs, IAPs

17. Full and Individual Evaluation • Parent must consent in writing to the evaluation. If the parent withholds consent, the District must file for a due process hearing so show why the evaluation is needed. • The District must provide a written report of the results of the testing. • FIE must cover all areas of suspected disability

18. What if the FIE is incomplete? • Ask for additional testing

19. What if the evaluation is wrong? • If you think the school’s eval does not accurately measure your child’s need for special education, you may request an IEE – independent educational evaluation. • If you ask the school to pay for the IEE, the school must do so unless it requests a due process hearing to show that its evaluation was appropriate.

20. Parent’s Rights During Evaluation • Written notice • Info about what will be tested • Grant or withhold consent • Description of testing procedures • Be given a copy of the report prior to the IEP meeting • Request due process or mediation

21. Adult Students • Parents are still invited to IEP meetings, but do not have the “right” to attend. The child can invite the parent. • Parents are not the educational decision maker. • Power of Attorney or Guardianship

22. Members of the IEP Team • Parents or a parent representative • Student – optional under 18 • Special education teacher or service provider • Regular education teacher • Someone who can interpret evaluations • Others who have knowledge or expertise about the student • ISD rep who is qualified to supervise special ed, knows about available resources and can commit to spending them

23. Parent Checklist – Before the Meeting • Read notice re: who and what • Ask for copies of anything you don’t have (latest testing, teacher progress notes, Code of Conduct, DRAFT IEPs) • Gather reports from outside experts • Make a list of your child’s gifts and talents

24. Parent Checklist – Before the Meeting • Make a list of what you would like for your child to learn in the coming year • Read over it and mark the 5 most vital • Make a list of areas of functioning that would improve with assistive technology • Make extra copies of each list for meeting • Decide who you will bring with you • Meet with teacher before the IEP meeting

25. The IEP The Individualized Education Program is a written plan, designed just for one student. It is an agreement between the school and parents on how the student will be educated.

26. IEP Development • Review present level of performance – This information is used to write a statement on the IEP about how your child’s disability affects participation and progress in the general curriculum. • Ask questions if something is not clear. At this point, you should have a clear picture in your mind about how your child is doing.

27. Developing Annual Goals • Goals are statements about what your child will learn during a school year. • Each goal must be measurable. • It should state clearly and objectively how you and the school will know if the goal has been reached. • Goals are broken down into smaller steps called objectives or benchmarks.

28. IEP Must Include: • How progress will be measured; • What type of support child will need to reach each goal; • Who will provide each support element; • How parents will be notified of progress.

29. Related Services • Assistive technology • Speech therapy • Physical therapy • Occupational therapy • Psychological services • Counseling • Special transportation • Audiological services • Orientation and mobility training • Rehabilitation counseling • School health services

30. Related Services For each related service the student needs, the IEP Team must write down the duration and frequency of the service and who will oversee delivery of the service.

31. Other IEP Elements that May Apply to Your Child • Extracurricular activities • Statewide Assessments • Autism supplement • Transition Planning • Extended School Year Services • Travel Training • Termination of Services/Graduation • And…

32. Behavior If your child has behavior that interferes with learning or is disruptive to other students, this must be addressed at the IEP meeting.

33. Functional Behavioral Assessment An assessment done to determine why and when the student is displaying inappropriate behaviors and how best to respond. With the information, the IEP Team develops a…

34. Behavior Intervention Plan • Identifies supports and services needed so that the student does not behave inappropriately • Identifies antecedents to behaviors • Identifies strategies for behaviors • Identifies consequences step-by-step

35. Student Code of Conduct • You will be asked to sign a statement that your child can follow the Student Code of Conduct • Read the Code of Conduct before you sign such a statement • Write exceptions into the IEP and/or BIP

36. Discipline A topic for another time, but one important difference between 504 and IDEA, in terms of discipline is that, under 504, if the child misbehaves and the school decides the behavior is not a manifestation of the disability, the child can be expelled permanently. Under IDEA, the child is still entitled to FAPE, even if expelled.

37. Placement • After the IEP Team has agreed on the IEP, the next step is to determine placement – where the services will be provided. • Placement decisions must be made at every IEP meeting and must be based on individual needs. • First consideration is given to placements that are at the home campus in general ed classrooms.

38. Least Restrictive Environment • What this is supposed to mean • Synonyms – inclusion, integration, mainstreaming

39. Questions for the LRE • Can the child learn the same curriculum as other kids the same age with only consultative special ed services? • Can the child participate in the same learning activities as the other students with modifications? • Does the child need any supplemental aides and services in order to remain in the classroom? • Does the child need any services that cannot be provided in the regular classroom setting?

40. Agree or Disagree • If you agree with everything in the IEP, including placement, then the meeting ends in agreement and everybody leaves happy. • If you do not agree, then, in most states, the meeting is tabled for a “cooling off period.” • You reconvene and try to come to agreement.

41. Options • Do nothing • Complaint to State Education Agency • Request Mediation • File for a Due Process Hearing

42. So much information…So little time Questions? Call us at 1.800.949.4232. Email Jacquie Brennan directly at jbrennan@bcm.tmc.edu