Success in the Classroom: What We Need to Know

1. Success in the Classroom: What We Need to Know Susan Gill, Family Support Coordinator Susan@askresource.org 800-450-8667 www.askresource.org

3. The Parent Training and Information Center The PTI is a federally funded grant project from the U.S. Department of Education that focuses on the education needs of children with disabilities in Iowa. In addition to technical assistance to families, PTI also provides training on the Individuals with Disabilities Act (IDEA). The goal is to help parents better understand the Individual Education Program (IEP) and Individual Family Support Program (IFSP) process and become better advocates for their children. *IDEA requires at least one PTI in each state

4. The Parent Training and Information Center ASK Resource Center, Inc. is not a legal services agency and cannot provide legal advice or legal representation. Any information contained in this workshop is not intended as legal advice and should not be used as a substitution for legal advice. The contents of this presentation were developed under a grant from the US Department of Education, #H328M0900007. However, those contents do not necessarily represent the policy of the US Department of Education, and you should not assume endorsement by the Federal Government.

5. The PTI provides • One-on-one and Small group support • Workshops and Trainings • Update Emails and Newsletters • Referral to disability specific resources • Website and social networking resources Information and training on: • IDEA, including IEP’s and Transition Services • Information on disability rights • Alternative methods of conflict resolution

6. ASK Resource Center Parent Training and Information Center (PTI) Family-to-Family Health Information Center (F2F) Postsecondary Transition Training (SPDG) Dispute Resolution Training (RESPECT) Families of Iowa Network for Disabilities (FIND)

7. How Do Special Education and Regular Education Fit Together? General Public School Education Accommodations Special Education

8. Section 504 “No otherwise qualified person with a disability in the United States shall, solely by the reason or her or his disability, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance” -Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794.

9. Section 504 Section 504 of the Rehabilitation Act of 1973 • Applies to all ages and to areas other than public education, including federal employment, programs of federal government agencies, and programs or activities that receive federal funding • Implementation of Section 504 is not supported by federal funding • A civil rights law that prohibits discrimination on the basis of disability, as defined by the Americans with Disabilities Act

10. Section 504 Provides for reasonable accommodations and in some cases modifications to meet disability-related needs and access to programs of the federal government or programs that are federal funded

11. Section 504 Eligibility Requires an eligibility determination that the student: Has a disabilitythat substantially limits one or more major life activities And 2. Needs accommodations to prevent discriminatory treatment

12. Section 504 Definitions “Disability” includes, for example: • individuals with ADHD, dyslexia, cancer, diabetes, severe allergies, chronic asthma, Tourette’s Syndrome, digestive disorders, cardiovascular disorders, depression, conduct disorder, oppositional defiant disorder, HIV/AIDS, behavior disorders, and temporary disabilities such as a broken arm or leg or a serious injury or illness.

13. Section 504 Definitions Major life activityincludes, but is not limited to: • self-care, walking, seeing, hearing , speaking, breathing, working, learning, performing manual tasks Substantially limitsOCR federal regulations state that: • the determination is to be made by each local school district and • depends on the nature and severity of the person’s disabling condition

14. Section 504 in School Evaluation is needed to determine eligibility and appropriate accommodations The eligibility process can be triggered by a request from a parent A formal written request is strongly recommended Student needs and appropriate accommodations are determined by a team including the parents and the student whenever appropriate

15. Section 504 Accommodations should be provided to allow access to extra-curricular and non-academic activities

16. Section 504 Plan **Be as specific as possible Document in writing: What is the needed accommodation? How will it be provided? When will this happen? Who is responsible for providing?

17. Section 504 Procedures Each school, AEA, or other public educational agency is responsible for adopting its own due process procedures that meet the non-discrimination standard, including: Identification of a “504 Coordinator” Establishment of a complaint process The availability of a hearing before a neutral third party

18. How Do Special Education and Regular Education Fit Together? General Public School Education Accommodations Special Education

19. Individuals with Disabilities Education Act (IDEA) • Defined system of uniform procedural safeguards including notice, mediation, and hearing rights Federal law that creates Special Education services Entitles eligible children birth-21 with disabilities to specialized instruction and related services

20. IDEA Eligibility • Evaluation • A student must be evaluated prior to the provision of special education services to determine: • whether the student is eligible, according to the IDEA definition, and if so, • to determine the educational needs of the student • A new or updated evaluation is to be conducted if there is reason to suspect a need or if the parents request one • must be conducted within 60 calendar days of the parent giving consent

21. Individualized Education Program (IEP) An IEP is a written statement for each child with a disability that is developed, reviewed, and revised at least annually by a team including educators, parents, the student whenever appropriate, and others who have knowledge or expertise needed for the development of the child’s special education program.

22. MEASURABLE GOALS Measurable Annual Goal Progress Monitoring Procedures IEP goals should always be MEASURABLE How will you and the other members of the IEP team be able to tell how much progress your child is making?

23. Related Services Specially Designed Instruction Related Services- OT, PT, Speech Assistive Technology, Health, Transition Extra-curricular support, Transportation Training and Support for personnel and parents Accommodations The “F” page documents the details of each Service, Activity Support And accommodation

24. Procedural Safeguards In Writing: • Meeting Notices • Parental Rights Notice (general information) • Prior Written Notice • Proposal TO DO • Refusal TO DO • Changing placement

25. IDEA & Section 504 Side by Side SECTION 504 • Federal anti-discrimination (civil rights) law • Applies to all ages with special provisions for elementary and secondary education • Ensures that children with disabilities have equal access to public education • Duty not to discriminate IDEA Federal entitlement law Applies to children from birth to age 21 Entitles eligible children with disabilities to specialized instruction and related services Duty to provide special services

26. IDEA & Section 504 Side by Side SECTION 504 • Reasonable accommodations & modifications • FAPE Requirement • Informal Evaluation Requirement • Eligibility based on: • Disability that substantially limits one or more major life activities and • Need for accommodation to prevent discriminatory treatment IDEA Specialized instruction & related services FAPE Requirement Formal Evaluation Requirement Eligibility based on: Disability as defined by IDEA and Need for specialized instruction to benefit from education

27. IDEA & Section 504 Side by Side SECTION 504 • Procedural safeguards less defined. Agency must adopt its own complaint and hearing procedures • 504 Plan or Accommodation Plan • Plan developed by multi-disciplinary team with members as needed IDEA Defined system of uniform procedural safeguards including notice, mediation, and hearing rights IEP, Individualized Education Plan Plan developed by IEP team with specific membership requirements

28. IDEA & Section 504 Side by Side • SECTION 504 • Accommodations usually provided in a general education classroom setting • Schools do not receive any federal or state funding to implement Section 504 IDEA • Services delivered according to IEP in a wide variety of settings: • General education classroom • Special education classroom • Special school • Home bound • Hospital • Residential settings • Schools receive federal funding to support the provision of services

29. Got Questions? Just ASK! The Individuals with Disabilities Education Act of 2004 (IDEA): Special Education and Related Services Entitlement for eligible students Section 504 of the Rehabilitation Act of 1973 (Section 504): Reasonable accommodations and modifications No discrimination on the basis of disability

30. Got Questions? Just ASK! 5665 Greendale Road, Suite D Johnston, IA 50131 515-243-1713 1-800-450-8667 www.askresource.org info@askresource.org