Your Child’s Rights: Navigating the System

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Your Child’s Rights: Navigating the System Starlerra Simmons Presented by: The Sickle Cell Foundation of Orange County

Know Your Rights IDEA ACT (3min) The 13 Disability Categories, Defined Category #9 Other Health Impairment (a) is due to chronic or acute health problems such as asthma, ADD or ADH Disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome; and (b) adversely affects a child’s educational performance. (Funded by the Government) Category B (Ages 3-21) DEPARTMENT OF EDUCATION 34 CFR Part 300 Category C (Birth-2) Section 504 Accommodations Who is eligible for 504 services? Students who have a disability that substantially limits a “life activity” such as breathing, learning, eating, walking, playing, seeing or otherwise participating in school activities are eligible for section 504 services. (Paid through School Budget) The Sickle Cell Foundation of Orange County. All Rights Reserved. Copyright Protected © 2016

Know Your Rights How are section 504 services different from special education services provided under the IDEA? (3min) Section 504 is an anti-discrimination statute. Section 504 services are supposed to “level the playing field” by eliminating any disability-related obstacles to a student’s full participation in the general education classroom. In contrast, special education under IDEA is an entitlement program under which school systems are given additional federal funding and in return must provide students with programs and services in addition to those available to persons without disabilities How Does School Measure limitation? As part of its evaluation, the 504 team will determine whether a student has a substantial limitation in a major life activity. The 504 team will gather information for a variety of sources when evaluating a student. Learning, Walking The Sickle Cell Foundation of Orange County. All Rights Reserved. Copyright Protected © 2016

Know Your Rights Have A Plan (3min) Lay the Groundwork- Parents are their child’s first and most important teacher, as well as their advocate. Express to your child the importance of being proactive and preparing for academic success! Let them know that having a plan doesn’t mean they have to use it, it just mean that there is always another source. Give Support- Discuss the purpose of the accommodations. Encourage your child by letting them know that accommodations are only a mean of support and by no way should it be used as an dependency. Set Boundaries- Remember that having an IEP or 504 Plan should not allow your child to not apply his or her best self. This should not be a means of not putting forth the best efforts. (Note: Majority of the Accommodations your child need are within the 504 Plan) Implementing the Right Accommodations Create the Best. IEP or 504 Plan-Create a plan specifically tailored for your child and for his or her needs. By no mean should a plan be there to accommodate the teachers and school. The law has been created for the purposes of allowing your child to a fair level playing field as it pertains to education The Sickle Cell Foundation of Orange County. All Rights Reserved. Copyright Protected © 2016

Know Your Rights Graduation Requirements (3min) Will my child receive an High Diploma if he or she have an IEP or 504 Plan? Do students need to have a specific disability to be eligible for the exemption? California Education Code Section 60852.3 provides that any student with disabilities (any type of disability, for any duration) who has an individualized education program or a Section 504 plan, and meets all requirements for the exemption, is exempt from meeting the CAHSEE requirement as a condition of graduation. What are the three pathways that students with an individualized education program (IEP) or Section 504 plan can use to meet the CAHSEE requirement? Pass the CAHSEE - The student scores 350 or higher on the mathematics and English-language arts (ELA) portions of the CAHSEE with the use of accommodations but without the use of modifications. Request a local waiver - The student scores 350 or higher on the mathematics and/or ELA portion of the CAHSEE with the use of modifications. Exemption - The student has a current and valid IEP or Section 504 plan that indicates the student is scheduled to receive a high school diploma, has satisfied or will satisfy all other state and local graduation requirements on or after July 1, 2009. Students using this pathway to meet the CAHSEE requirement shall take the CAHSEE in grade ten for the purpose of meeting the federal requirements under the Elementary and Secondary Education Act. High School Graduation Requirements To receive a high school diploma, students must fulfill state and district graduation requirements. State-mandated graduation course requirements (the state minimums) follow: Three years of English Two years of mathematics (including Algebra I) Three years of social science (including U.S. history and geography; world history, culture, and geography; one semester of American government; and one semester of economics) Two years of science (including biology and physical science) Two years of physical education One year of foreign language or visual and performing arts or commencing with the 2012–13 school year, career technical education. For purpose of satisfying the minimum course requirement, a course in American Sign Language shall be deemed a course in foreign language The Sickle Cell Foundation of Orange County. All Rights Reserved. Copyright Protected © 2016

Know Your Rights Examples of Accommodations (3min) Make missed class notes and assignments available to parent with 24 hours Allow student to retake test or have additional time on test without penalty when he/she shares scd episode Allow up to (5) days for every day missed due to SCD to make up work without grade penalty Allow student to take in class assignments home to complete when not feeling well Allow open-book test Allow student to use notes with test Extra set of books at home Allow student to take test in several parts within a certain period without penalty Allow student different setting for testing (Be careful of this one) Allow student to determine PE Activities Allow Audio Recording of Class Instructions Allow student to be late to class for SCDepisode or crisis Allow student to take test home when in hospital The Sickle Cell Foundation of Orange County. All Rights Reserved. Copyright Protected © 2016

Know Your Rights Sources: California Department of Education (High School Graduation Requirements) California Department of Education (Exemption for Eligible Students with Disabilities) NICHCY (categories of Disability under IDEA) U.S. Department f Education (Office of Civil Rights) The Sickle Cell Foundation of Orange County www.scdfoc.org Email: Info@scdfoc.org Telephone: 949.331.8121 The Sickle Cell Foundation of Orange County. All Rights Reserved. Copyright Protected © 2016

Know Your Rights Sponsors: Maple Green World Inc. (www.mlgreenworld.com) All Endz Marketing and Promotions Corporation The Sickle Cell Foundation of Orange County. All Rights Reserved. Copyright Protected © 2016