A Comparison Section 504 and IDEA Polk,

Who is an individual with a disability? As defined by federal law: "An individual with a disability means any person who: has a mental or physical impairment which substantially limits one or more major life activity; has a record of such an impairment; or is regarded as having such an impairment" [34 C.F.R. ｧ104.3(j)(1)].

Referral Anyone can refer a child for evaluation under Section 504. However, while anyone can make a referral, such as parents or a doctor, OCR stated in a staff memorandum that "the school district must also have reason to believe that the child is in need of services under Section 504 due to a disability." (OCR Memorandum, April 29, 1993.) Either a parent or an LEA may initiate a request for an initial evaluation to determine if a student is a student with a disability under Part B or the IDEA.

Eligibility The child must have a physical or mental impairment. This impairment must substantially limit at least one or more major life activity. The child must be identified as a student with a disability and needs special education services. Determination of eligibility must be done using a variety of sources.

Eligibility Cont. Major life functions: Walking, seeing, hearing, speaking, breathing, learning, reading, writing, performing manual tasks. The LEA must draw upon information from a variety of sources, and ensure that information obtained is documented and carefully considered.

Specific Learning Disabilities A disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia, that affects a student’s educational performance.

Methods for determination of SLD in Utah A. A process based on the student’s response to scientific, research-based intervention. B. Identification of a severe discrepancy between intellectual ability and achievement. C. A combination of A and B.

Protection from Discrimination Section 504 protects children with disabilities from discrimination. Children who receive special education services under IDEA are automatically covered under Section 504.

Accommodations and Modifications Children under Section 504 may receive accommodations and modifications that are not available to children who are not disabled. Accommodations and Modifications are available to all children who receive special education services.

Discipline If a school decides that a child’s behavior is not a manifestation of the disability, they can be expelled from school. Under IDEA, a child has a right to Free and Appropriate Education (FAPE) even if expelled from school.

Procedural Safeguards Section 504 Parents notified of the intent to evaluation but do not have to give consent. Parents do not have to be present during meeting to determine eligibility and accommodations. IDEA Parents must give consent before evaluation. Parents as well as the TEAM must be present during meeting to determine eligibility, change of placement, etc.

Rights IDEA Section 504 Parental notification. Examine relevant records. Request an impartial hearing, have a lawyer present. File a complaint with the district 504 Coordinator. File a complaint with the Office of Civil Rights. File a lawsuit. IDEA

Important Things to Consider Keeping good records. Open communication with teachers. Education, Education, Education!!!

Resources Wrightslaw www.wrightslaw.com Utah Parent Center: www.utahparentcenter.org Learning Disabilities Association of Utah www.ldau.org Utah Branch of the International Dyslexia Association www.UBIDA.org National Center for Learning Disabilities www.ncld.org