Navigating Individualized Education Programs and 504 Plans

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Explore the nuances of IDEA and Section 504, the eligibility criteria, and how schools provide services to students with disabilities. Learn the federal laws governing special education, rights of individuals with disabilities, and creating appropriate academic plans. Gain insights into determining when to right-size a 504 plan or develop an IEP.

  • Education
  • Special Education
  • 504 Plans
  • Individualized Education Programs
  • Disabilities

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  1. Much too Much: When to Right-Size a 504 Plan or Create an IEP Anne Bowers, Ed.D. Director of Special Education, Woodridge SD 86 Dana Fattore Crumley Partner, Franczek P.C.

  2. Agenda IDEA Scope, Intent, Eligibility 504 Scope, Intent, Eligibility Similarities and Differences Best Practices to Serve Students 2

  3. IDEA Individuals with Disabilities in Education Act 3

  4. Individuals with Disabilities in Education Act Federal law that governs how states and public agencies provide early intervention, special education and related services to eligible youth with disabilities. 4

  5. Individuals with Disabilities in Education Act States and local school district must ensure that a free appropriate public education (FAPE) is available to all children with disabilities residing in the State between the ages of 3 and 21 in the least restrictive environment (LRE). 5

  6. Eligibility Student needs specialized instruction and services in order to access instruction Student must have a disability, and as a result of that disability 6

  7. Section 504 Rehabilitation Act of 1973 7

  8. Section 504 of the Rehabilitation Act of 1973 Federal law designed to protect the rights of individuals with disabilities from discrimination Requires a school district to provide a FAPE to each qualified student with a disability who is in the school district s jurisdiction, regardless of the nature or severity of the disability 8

  9. Disability Definition 1.A mental or physical impairment 2.Which substantially limits 3.One or more major life activities 9

  10. Mental or Physical Impairment Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; Or any mental or psychological disorder, such as intellectual disabilities, organic brain syndrome, emotional or mental illness, and specific learning disabilities. 10

  11. Substantially Limits Only requires a degree of functional limitation Should be broadly construed in favor of expansive coverage 11

  12. Major Life Activities Caring for oneself Performing manual tasks Seeing Hearing Eating Sleeping Walking Standing Lifting Bending Speaking Breathing Learning Reading Concentrating Thinking Communicating Working Operation of a major bodily function 12

  13. Mitigating Measures A student may be eligible under Section 504 even if the student s disability or condition is controlled or mitigated, whether by medication, technology, etc. Examples of mitigating measures: Medication Medical Supplies, equipment appliances Low-vision devices (NOT ordinary eyeglasses or contacts) Prosthetics Hearing aids/cochlear implants Learned behavioral or adaptive neurological modifications Reasonable accommodations or other auxiliary aids or services. 13

  14. Temporary Impairments Generally, if the impairment will last less than 6 months, it is considered a transitory impairment that will not confer eligibility under Section 504 Each case should be evaluated individually Consider the degree to which the major life activity is limited and degree of certainty regarding the expected duration 14

  15. 504 Evaluations Step 1 Referral from parent/guardian or school personnel 15

  16. Requirements for 504 Evaluation Variety of Sources Document Information Knowledgeable Team Assessments are not racially or culturally discriminatory In some cases, consider IDEA eligibility first 16

  17. Consent for Evaluation 17

  18. 504 Team Team members must have knowledge of: Student Suspected disabling condition Evaluation process Meaning of evaluation data Accommodation/placement options 18

  19. Eligibility Determination You may consider Psychological Evaluation Medical Reports School Social Work Assessment OT/PT/SL Screening or Assessment Teacher/Administrator input Parent input Student Anecdotal records Standardized test data Grade/disciplinary/attendance reports Record of academic/behavioral interventions 19

  20. How are the IDEA and Section 504 alike? 20

  21. Similarities Parents/guardians must consent to have child evaluated No cost to parents/guardians Both require accommodations to programming Both require MDR prior to exclusionary discipline 21

  22. How are the IDEA and Section 504 different? 22

  23. Primary Differences No funding under 504 Disability is defined differently 504 encompasses students and employees, governs accessibility, and prohibits discrimination 23

  24. Both IEP and 504 require a disability and an adverse effect. The difference between IEP and 504 lies in the educational need. 24

  25. Differences No eligibility categories under Section 504 504 is not specialized instruction - just accommodations to regular program 25

  26. Accommodations v. Modifications Accommodations Modifications Change the amount or level of the material to be learned Change the environment, the way the student accesses the information, or the way the student demonstrates knowledge 26

  27. Examples of Accommodations Preferential seating Extended time Use of calculator Books on tape Tests given in alternative location Copy of teacher notes/overheads Preview of assignments Prompts for attention Elevator pass (Anxiety) Allowed to use an anytime pass to access Student Services, Guidance, Nurse Extra set of textbooks Use of a computer 5-minute pass to next class to allow student to ask teacher for clarification after class (Health) Immediate access to food and water Large print No scantron, write on test Movement breaks 27

  28. Accommodations v. SDI v. Universal support Accommodation a change to the environment, tools, conditions, or format that levels the playing field and gives access to students to meet the same expectations Generally, remove barriers to the environment or mitigate the effects of the student s disability, allowing them to have equal access to the instruction, activity, or assessment Specially Designed Instruction (SDI) instruction from a specialist that is special, different, and adapted from typical classroom instruction, addressing students unique needs Can include different methodology, content, and/or delivery of instruction Universal Support a component of classroom instruction that is provided to or available to all students, but helps reduce barriers and increase overall accessibility 28

  29. Best Practices 29

  30. What if a parent thinks their child should be found eligible under IDEA, but the student is only eligible under 504? 1. Make sure parents understand the difference between accommodation and specially designed instruction 2. Be transparent with the supports needed 3. Assure the family that the school will still offer support to the student 4. Encourage the team to maintain open communication - consider a progress review 30

  31. Can students be found eligible under both Section 504 and the IDEA? If so, do they require two separate plans? No, students do NOT require two separate plans. Yes, students can be eligible under both laws. However, IDEA eligibility is generally understood to convey Section 504 eligibility, but not vice versa. 31

  32. Top 5 Tips for Effective 504/IEP Meetings 1.Be prepared 2.Be truthful 3.Be a team 4.Consider and respond to parent input 5.Keep the focus on the student 32

  33. Questions? 33

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