Overview

1. Overview 504/ ADA /IDEA Accommodations vs Modifications NCLB

2. Who’s In ChargeUS DEPARTMENT OF EDUCATION

3. Entities Covered by Section 504 and the ADA • School districts • Colleges, Universities • Other recipients of federal funds are subject to 504 • Private schools, whether religious or not, that receive federal funds • Private schools are subject to the ADA unless operated by a religious entity

4. ADA/Section 504 Obligations • Not to unlawfully discriminate on the basis of disability • Provide “reasonable accommodation” to provide access • For elementary and secondary educational programs; provide a free appropriate public education (FAPE)

5. Who is Protected and considered Qualified • Children who are of an age which entitles them to attend school • Parents • Members of the general public • Employees and applicants for employment who possess the skills, education and experience required by the position and who can perform the job’s essential functions 504/ ADA

6. Reasonable Accommodations • Reasonable modifications to rules, policies, and practices • Removal of architectural, communication or transportation barriers • Provision of auxiliary aids and services

7. IDEA / 504 / ADA • IDEA is a federal statute that funds state special education programs and attaches specific conditions. Parents/guardians may appeal potential violations of IDEA to the appropriate state agency and the courts. Section 504 and ADA are antidiscrimination laws enforced by OCR and do not provide any type of funding

8. IDEA / 504 • IDEA and Section 504 have different criteria for determining who is protected under the law - specifically, the meaning of “disability” which is different in each of these laws. • To be protected under IDEA, a child must have a particular disability listed in IDEA and require special education and related services.

9. IDEA / 504 cont. • To be protected under Section 504, a child must be disabled as defined under 504- • “disabled person” …has a physical or mental impairment which substantially limits one or more major life activities, • OR has a record of such impairment, • OR is regarded as having such impairment. • Under 504, a qualified student with a disability is protected whether or not the student needs special education

10. Major Life Activities504 • Major life activities include but are not limited to: • Caring for oneself • Performing manual tasks • Seeing • Hearing • Walking • Speaking • Breathing • Learning • Working

11. IDEA / 504 cont. • IDEA – Specially designed instruction and related services to meet the unique needs of the eligible student • And to access general curriculum to meet state standards • 504/ADA – Special education or regular education and related services to enable equal opportunity

12. IDEA / 504 cont. • Most students are protected under both laws; however, some students may be protected under one and not the other. For example, student with diabetes who does not require special education but may need assistance with administration of insulin would probably not be protected under IDEA, but might be under 504.

13. IDEA Eligibility • Student must fall within 1 of 13 disability categories • Condition results in adverse educational performance • To such an extent as to require special education • State law often plays a role in eligibility to extent federal law differs

14. The “Alphabet Soup” • FAPE Free and Appropriate Public Education • IDEA Individuals with Disabilities Education Act • IEP Individualized Education Plan • LRS Least Restrictive Environment • DSM-IV Diagnostic and Statistical Manual of the Psychiatric Association • BIP Behavioral Intervention Plan • FBA Functional Behavioral Assessment • Transition Plan Coordinated set of activities needed for student to move from school to post-school activities • “504” Section 504 of the Rehabilitation Act

15. Terminology • ADAPTATIONS The “umbrella” term for changes in the IEP or Section 504 plan for a student with disability. These changes include: accommodations, modifications, aids, benefits, & services. The term “adaptation” does not involve the concept of the effect of the changes on standards.

16. The “things or stuff” of modifications, accommodations, benefits, aids, and services (what you do for a student) Not to be confused with.. ACCOMMODATIONS vs MODIFICATIONS (the effect of the “things or stuff” on the general curriculum, regular education

17. ACCOMMODATIONS Changes in course/test presentation, location, timing, student response or the other attribute which are necessary to provide access for a student with a disability to participate and which do notfundamentally alter or lower the standard or expectations (or invalidate the test or course) vs. MODIFICATIONS Changes in course/test presentation, location, timing, student response or the other attribute which are necessary to provide access for a student with a disability to participate but which fundamentally alter and/or lower the standard or expectations of the test or course

18. Fundamental PrinciplesIDEA • FAPE • IEP • LRE • Appropriate Evaluations • Parent and student participate in decision making ( student participation when appropriate) • Procedure Safeguards

19. 101-IDEA Process • The steps: • Pre-referral> informal problem solving process to provide instructional and behavior management assistance to the teacher and student (to reduce the chances of identifying a child for special education) • Parent> consent is required for evaluation and placement • Referral> student referred for Special Education services because their academic performance is significantly behind their classmates or there is a behavioral concern • Evaluation> conducted to determine whether a student has a disability • Eligibility> if student is eligible then an IEP is developed

20. IEP • Evaluation • Present levels of educational performance • Measurable goals/objectives • Services to be provided • Periodic progress reporting on goals/objectives • Participation in state or district wide assessment • Discipline provisions • Transition plan

21. NCLB Overview • ALL Students • Four NCLB Themes: standards, school choice, testing , and accountability • “Students with Disabilities” – Disaggregation • Adequate Yearly Progress (group or school progress) • IDEA – Access- Discipline- Assessment • USDE- Align IDEA with NCLB in a “culture shift” “Compliance” to “Accountability”

22. NCLB clash IDEA NCLB IDEA/504 • Testing - Not per se > High Stakes Test • Father Knows Best > TEAM knows Best (e.g. parent choice) (parent input) >All children capable of > Individualized “proficiency” Expectations >Standardized Instruction > Individualized Instruction >Outcome (Proficiency) > Provides opportunity (assumed/promised) (FAPE) promised • Systemic approach (AYP) >Individual benefit • Assumes academic > Look at the bigger mastery defines success picture (e.g. transition) Cost- Legitimate Factor > Cost- Not a Factor

23. Sample Templates:Student Competency Record • Student’s Name School Year Teacher Signature • This form is to assist the student and the teacher in recording the student’s progress. The ratings are assigned by the teacher for classroom competency achievement and can also be utilized when competency is evaluated on the job. • Student with an Individual Education Plan (IEP) will be rated, using the following scale, only on the competencies identified in their IEP. • Rating Scale: • 0. No exposure • Not yet proficient: perform with supervision • (requires verbal and physical cues) • Proficient: perform with limited supervision • (requires verbal cues) • Surpasses proficiency: perform without supervision

24. Student Competency Record

25. Unit Content Area Date : Teacher:____________________________

26. Competency Program Profile

27. Education (Reform) Design General Curriculum + Assessment + Accountability = Improved Outcomes

28. The Laws • Definitions: • ADA- American Disabilities Act: 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 any such entity. 42 USC § 12132 • Section 504 “no otherwise qualified individual with a disability…shall solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” • IDEA “ disability" means a child: with mental retardation, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and who, by reason thereof, needs special education and related services. • Recent legislation allows the the term "developmental delay" for children ages 3-9. For children ages 3 through 9, the term "child with a disability" may, at the discretion of the state and the local education agency, include children who are experiencing developmental delays in one or more of the following areas: physical development, cognitive development, communication development, social or emotional development, or adaptive development. . . .

29. The Laws • FAPE Appropriate education is defined as the provision of regular or special education and related aids and services designed to meet the student’s individual needs as adequately as the needs of the non-disabled persons are met.

30. Resources • U.S. Department of Education: Office for Civil Rights 330 C Street, S.W., Rm 5000 Washington, D.C. 20202 • Office of Civil rights, Region I U.S. Department of Education J.W. McCormack Post Office/Courthouse Rm 222 Boston, MA 02109 Tel # 617-223-9662 • U.S. Department of Education Office of Special Education and Rehabilitative Services 330 C Street, S.W., Rm 3006 Washington, D.C. 20202 • New Hampshire Department of Education Robert Wells, Bureau of Special Education 100 Pleasant St. Concord, NH 03301 Tel # 603-271-1536 rwells@ed.state.nh.us • New Hampshire Department of Education Constance Manchester-Bonenfant, Bureau of Career Development 21 S. Fruit St., Suite 20, Concord, NH 03301 Tel # 603-419-0235 cmanchester@ed.state.nh.us