1. The 411 on IEPs and Section 504s Claudia Otto, Ph.D. Oklahoma Department of Career & Technology Education March 10, 2015

2. Disability Laws Education and Jobs 2

3. Federal Laws Addressing Individuals with Disabilities in Educational Settings Individuals with Disabilities Education Improvement Act (IDEIA) – requires free, appropriate public education provided to B-21 years of age Section 504 of the Rehabilitation Act (504) – makes discrimination against persons with disabilities illegal and requires that organizations receiving federal funds provide accommodations Americans with Disabilities Act (ADA) – makes discrimination a civil rights violation and requires all organizations (public and private) provide accommodations 3

4. 4 Access to & Participation in

5. IDEA & IDEIA Entitlement Law – Students will receive more services than their peers with this law Provides students the individualized services they need for learning IEPs This is a pre-set plan! 5

6. Section 504 Protects individuals from discrimination based on their disability Provision of general or special education and related aids and services designed to meet the students’ “individual educational needs” 504 Plans This is a guide! 6

7. ADA Protects individuals with disabilities from discrimination, making it a civil rights violation Extends Section 504 to private sectors Provide equal opportunity to participate with full accessibility in courses, programs, and activities This is self-advocacy! 7

8. FAPE & LRE Free and Appropriate Public Education (FAPE) What States must make available to all eligible children with disabilities --------------------------------------------------------------- Least Restrictive Environment (LRE) Children with disabilities are to be educated with children who do not have disabilities, to the maximum extent appropriate 8

9. The Big Picture 9 Foundation FAPE Supports Special education and related services Reinforced materials Supplementary aids and services Assistive technology Quality work Highly qualified personnel

10. Individualized Education Program under the Individuals with Disabilities Education Act of 1990 IEP 10 Public Law Number: PL 101-476

11. Definition of an IEP Originally enacted by Congress as EAHCA in 1975 (P.L. 94-142) Individuals must be challenged to excel within the general curriculum Must be prepared for success in their post-school lives (college and/or careers) To improve access to rigorous academic content standards Disabling conditions that significantly hinder abilities to benefit from general education Currently reauthorized as IDEIA in 2004 (P.L. 108-446) 11

12. IEP Every public school child with disabilities receiving IDEA- funded special education must have one This will transfer to concurrent enrollment and Basics about the IEP o individualized o written plan for a child’s education o based upon a timeline o lists the special education to be received o both a document and a process 12

13. Who Develops the IEP School Personnel Child’s Parents Student Outside Agents --------------------------------------------------------------------------------------- o The team works together to craft an educational experience that will address the student’s individual needs to participate equitably alongside nondisabled peers o This IEP team meets at least once a year to readdress 13

14. Timeline of an IEP Request an evaluation to determine eligibility Prepare for evaluation The evaluation Prepare for initial IEP meeting Initial IEP meeting Review and modify IEP Monitor and / or dispute the IEP Annual IEP meeting / update Periodic re-evaluation (every 3 years) Dispute the IEP 14

15. Evaluations for an IEP General intelligence Reading comprehension Written expression Logical comprehension (math) Psychological states Social development Physical abilities Interfering behaviors 15

16. Documentation for an IEP Teacher reports Parent reports Evaluations by experts Letters from your child’s doctor or counselor Medical records (physical or mental) Evidence of school performance Collect and share prior assessments and evaluation 16

17. Promotional Supports within an IEP Creation of a culture of high expectations Instructional supports for learning o Universal Design for Learning – foster engagement by presenting information in multiple ways and allowing for diverse avenues of action and expression Instructional accommodations o changes in materials or procedures o do not change standards o allow students to learn within a curriculum framework Assistive technology devices and services o ensure access to general education curriculum 17

18. Contents of an IEP Present levels of academic and functional performance Annual goals – current and post-secondary Benchmarks and / or short-term goals Progress – measuring and reporting Statewide assessment participation Special education & related services & supplementary aids Individual accommodations & program modifications Transition services & courses of study Support for school personnel Extent to which student will not participate with nondisabled peers Transfer of students rights on reaching age of majority 18

19. 19 26 pages

20. Violations of IDEA Rights IDEA / IDEIA District Complaint Parent Advocacy Mediation Due Process 20

21. Section 504 of the Rehabilitation Act of 1973 504 21 Public Law Number: PL 93-112

22. Definition of a 504 Definition is broader than IDEA’s definition Prohibiting discrimination against individuals with disabilities Protection directives under 504 o have a physical or mental impairment that substantially limits one or more major life activities o have a record of such an impairment o be regarded as having such an impairment 22

23. Contents of a 504 Physical or mental impairment description Areas of need Accommodations Location of services Comments regarding student needs 23

24. 24 1 - 2 pages

25. Violations of 504 Rights 504 All institutions must have an internal procedure File an ADA / 504 Complaint with Office of Civil Rights of the US Department of Education o 180 days after date of discriminatory action File a civil lawsuit o injunctive relief o attorney’s fees o damages only if it is established that discrimination was intentional 25

26. Accommodations & Modifications Student Success 26

27. Reasonable Accommodations Determined by individual’s needs Determined by institution’s assets Educational / instructional accommodations are viewed based on time / effort to modify Most basic accommodations are considered by court to be well within the reasonable expectations of teacher’s responsibilities 27

28. Responsibility for Implementing Accommodations Failure to provide identified accommodations is a violation of student’s civil rights Teachers can be held personally responsible Doe vs. Withers 28

29. In Conclusion 29 Students are like a puzzle. Find the pieces that work for them to see the whole Picture…which is their True Ability !

30. Claudia Otto, Ph.D. Disability Services Specialist OK Department of Career Tech 405-743-5596 claudia.otto@careertech.ok.gov claudia.otto@careertech.ok.gov Thank You!