Section 504 and IDEA
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SECTION
504 1. WHO MUST COMPLY? *
Recipients of federal dollars
2. WHO IS PROTECTED? *
Individual who has, has had, or is perceived as having, a physical or
mental impairment which substantially limits one or more major life
activities, such as caring for oneself, performing manual tasks,
walking, seeing, hearing, speaking, breathing, learning, working; limits
ability to attend, participate in, receive benefit from, schooling *
Examples: Cerebral palsy,
epilepsy, muscular dystrophy, multiple sclerosis, cancer, diabetes,
heart disease, HIV/AIDS, dyslexia, dysgraphia, rheumatoid arthritis,
ADD/ADHS, cystic fibrosis, severe allergies, asthma 3. WHAT IS REQUIRED? Free
appropriate education in the least restrictive environment (FAPE in LRE) a. Child find/identify eligible students b. Non-discriminatory assessment and eligibility determination
(initial and annual; triennial for IDEA): Parent consent not required *
Team knowledgeable about the child and the disability *
Right to independent evaluation, at own expense, and to provide relevant
information that must be considered by the team c. Development of Plan for Services
&
Non-discrimination,
reasonable accommodations, meaningful program access, and as adequate an
education as other children *
Accommodations examples:
Physical barrier removal
Seating placement
Extended time for testing
Testing modifications
Adjust class schedule
Rest periods
use of aids (tape recorders,
calculators, audio-
visual equipment,
computers, modified
textbooks, etc.) *
Push-in or pull-out services:
Note-taking (Class & HW)
Oral catheterization
Administration of medication
(no waivers)
(inhalers, oral, epipen)
Monitoring of blood levels
Monitoring of physical status
Positive behavioral supports
Consultation
Service coordination
Tutors
Counseling, OT/PT, etc. d. Services in the least restrictive appropriate environment:
the class/ school the child would be in if not disabled; nearest school;
not be removed from regular class unless the child's needs cannot be met
in that class even with the use of supplementary aids and services;
opportunities to interact with non-disabled peers *
Comparable facilities if segregated *
Meaningful program accessibility e. Rights to confidentiality of records, and parent access to
records (FERPA) * Right to access records upon request * Right to confidentiality of records without prior written consent * Right to confidentiality unless “need to know” by staff * Right to request deletion/ revision/attach comments
4. WHAT ARE DUE PROCESS/ *
LEA Section 504 Grievance Coordinator->
OAL Hearing OR US DOE OCR Complaint,
OR Immediate federal court (Section 1983) * Exhaustion of administrative remedies not required |
IDEA 1. WHO MUST COMPLY? *
State Education Agencies * Local Education Agencies (districts) * Contract agencies fulfilling district responsibilities 2. WHO IS PROTECTED? *
Child, 0-21, with a disability that affects their ability to learn and
requires special education and/or related services in order to benefit
from their education *
Covered disabilities: Mental retardation, hearing impaired,
speech/language impaired, visually impaired, serious emotional
disturbance, autism, traumatic brain injury, learning disabled, multiply
disabled, deaf, blind, deaf-blind, OHI 3. WHAT IS REQUIRED? Free
appropriate education in the least restrictive environment (FAPE in LRE) a. Child find/identify eligible students b. Non-discriminatory assessment and eligibility determination
(initial, annual, triennial): Need parent consent *
Multi-disciplinary team, including the parent, identifying all areas of
suspected disability & impact on all education areas *
Right to independent evaluation at district expense, and to provide
relevant information that must be considered by the team c. Development of Plan for Services *
Individualized Education Program:
Annual goals
Short-term objectives/benchmarks *
Special education & related services:
Administration of medication
Aides
Assistive technology
Audiology
Counseling
In-class supports
Medical services (for diagnosis)
Modified instruction
Modified texts, etc.
Parent counseling/training
Peer supports
Physical therapy
Psychological services
Occupational therapy
Recreation
School Health services
Social work services
Speech pathology services
Transition services
Other services as needed to
enable the student to
benefit from their
education
*
Continuum of placements/services (from regular class through restrictive
settings)
* Right to access records upon request * Right to confidentiality of records without prior written consent * Right to confidentiality unless “need to know” by staff * Right to request deletion/ revision/attach comments 4. WHAT ARE DUE PROCESS/ *
LEA-->SEA-->US DOE OSEP
OAL Hearing-->Federal or state court * Exhaustion of administrative remedies required unless it would be futile |