Section 504 and IDEA

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/
ACCOUNTABILITY MECHANISMS?

* 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

            Method to determine if goals achieved

* 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


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 can't be met in that class even with the use of supplementary aids and services; opportunities to interact with non-disabled peers

* Continuum of placements/services (from regular class through restrictive settings)


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/
ACCOUNTABILITY MECHANISMS?

* LEA-->SEA-->US DOE OSEP

   OAL Hearing-->Federal or state court

 

* Exhaustion of administrative remedies required unless it would be futile

 

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