Americans with Disabilities Act (ADA)1990 (PL 101-336)
CEC Letter On 2004 IDEA
Child Find Under Section 504 and links
Developmental Delay (Eligibility)
IDEA 2004 (Yet to be implemented)
IDEA and MUSIC THERAPY-Related Service
QUIZ ON THE DIFFERENCES BETWEEN 504 and IDEA (answers follow the quiz)
PL 94-142
Section 504 of the Rehabilitation Act (PL 93-112)
The differences between 504 and IDEA
Education News 
NPR BBC The New York Times US News and World Report CNN
U.S. Department of Education Education Week TES
Los Angeles Times
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CEC Letter
President Bush Signs New IDEA into Law
CEC participates in the signing ceremony. The Council is pleased that many of its recommendations, which will lead to improved academic progress of students with disabilities and better special education teaching conditions, are
included in the bill.
ARLINGTON, VA, DECEMBER 3, 2004 -- The Council for Exceptional Children (CEC) joined celebrants at the signing ceremony of the reauthorization of the Individuals with Disabilities Education Act (IDEA). The new IDEA will do much to
advance the educational success of children with disabilities as well as improve special education conditions.
CEC worked closely with Congress members to ensure the needs and requirements of students with disabilities were understood and that their rights would be protected. At the same time, CEC advocated for changes in legislation that would
assist special educators by improving special education teaching conditions and providing additional professional development.
"CEC is gratified that the new IDEA recognizes the great potential of students with disabilities and includes measures to ensure these students receive the highest quality teaching and instruction," says CEC President Suzanne Martin. "CEC
would like to thank its members for providing input on the law and contacting their Congress members on CEC's recommendations. Your message was heard."
Some of CEC's recommendations that have been incorporated into the new IDEA include:
Ensuring students with disabilities are included in accountability systems.
Reducing the special education paperwork burden by deleting short-term objectives and benchmarks from IEPs (except for students who take alternate assessments), initiating a 15-state paperwork demonstration project, and piloting the
three-year IEP.
Establishing methods to reduce the number of students from culturally and linguistically diverse backgrounds who are inappropriately placed in special education.
Ensuring the discipline provisions for students with disabilities continue to protect the rights of these students to a free, appropriate public education.
Providing funding for professional development for special educators.
"CEC commends Congress on developing this bipartisan bill that advances the education of students with disabilities," says CEC President Suzanne Martin. "As President Bush signs the bill into law, we anticipate seeing the results of
its implementation in the future academic progress and success of students with disabilities."
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Individuals with Disabilities Education Act of 2004
On November 17, 2004, the House-Senate Conference Committee agreed on changes to reauthorize the Individuals with Disabilities Education Act (IDEA). On Friday, November 19, 2004, the House and Senate voted to reauthorize the
Individuals with Disabilities Education Act of 2004. The President signed it. It is now law (July 2005).
Short Summary of Individuals with Disabilities Education Act of 2004
Protects the civil right of students with disabilities to a free appropriate public education
Vigorously enforces provisions by giving the U.S. Secretary of Education and state education agencies greater power and new tools to measure compliance and impose sanctions when schools fail to meet standards.
Requires states to develop a plan, establish targets and meet them in the delivery of a free appropriate public education, general supervision, transition services, and disproportionate representation of minorities.
Makes agreements in dispute resolution and due process binding.
Establishes competency standards for the training of hearing officers.
Makes IDEA work for students, parents, teachers, school administrators, and school districts
Provides new opportunities for parents and schools to address concerns before the need for a due process hearing and encourages parents and schools to resolve differences by clarifying that mediation is available at any time.
Provides greater flexibility for parents and schools by allowing them to agree to make minor changes to a child’s IEP during the school year without reconvening the IEP team, and encouraging the consolidation of IEP and reevaluation
meetings.
Increases parental involvement in IEP meetings by allowing the use of teleconferencing, video conferencing, and other alternative means of participation.
Provides increased resources to assist parents with complaint resolution and due process through Parent Training Institutes.
Requires that initial evaluations occur within 60 days of referral unless the state has a policy that establishes a time line for evaluation.
Encourages Parent Training Institutes to focus on improving parent-school collaboration and early, effective dispute resolution.
Enhances the preparation, professional development, and support for special educators and other school personnel working with students with disabilities to ensure that these educators possess the necessary skills and knowledge to
provide instruction to students, including by creating a new grant program for institutions of higher education focused exclusively on training beginning special educators.
Provides quality services and instruction at all stages, from early childhood through graduation from high school
Maintains early intervention and preschool special education programs for infants, toddlers, and preschoolers with disabilities, including allowing states to create a system that gives parents the choice to have their child continue
early intervention services until the age of five.
Requires that infants and toddlers who are abused, neglected, drug-exposed, or have experienced family violence, be referred for early intervention.
Allows for the development of new approaches to determine whether students have specific learning disabilities by clarifying that schools are not limited to using the IQ-achievement discrepancy model.
Authorizes local educational agencies to use up to 15% of IDEA funds to develop a comprehensive educational support system for students without disabilities in grades k-12 who require additional academic and behavioral supports to
succeed in a general education environment.
Establishes a state-level risk pool fund to assist local educational agencies in providing FAPE to high-need children.
Requires schools to provide short-term objectives for students with significant disabilities, and for all students, quarterly reports to parents on their child's progress toward meeting annual IEP goals and how that progress is being
measured.
Emphasizes academic achievement and functional performance within a child’s individualized education program (IEP).
Simplifies the rules for transition services (activities that help a student begin planning for life after high school) by requiring that substantive transition services and planning begin at age 16.
Provides an option for 15 states to develop a 3-year IEP for children with disabilities to focus parents and schools on long-term goals for helping the student transition to postsecondary activities.
Provides for the establishment of a National Instructional Materials Access Center, to provide schools with a one-stop provider of textbooks or other materials for students who are blind or with other disabilities.
Strengthens the involvement of the State vocational rehabilitation system with disabled students who are still in secondary school.
Provides new flexibility for special education teachers to meet the highly qualified teacher requirements in the No Child Left Behind Act.
Improves outreach and services to homeless, foster care and other youth by clarifying state child find responsibilities, simplifying parent or guardian involvement and improving coordination between schools.
Improves Discipline and Ensures Safety
Improves current discipline provisions by simplifying the framework for schools to administer the law, while ensuring the rights and the safety of all children.
Requires schools to determine if a child’s behavior was the result of their disability or poor implementation of their IEP when considering a disciplinary action.
Requires that schools conduct functional behavioral assessments and give behavioral services to students who are disciplined beyond 10 days, in order to prevent future behavior problems.
Requires that schools continue providing services that enable students who are disciplined to participate in the general curriculum and meet their IEP goals.
Establishes a new program to develop and enhance behavioral supports in schools while improving the quality of interim alternative education settings.
Integrates the Individuals with Disabilities Education Act with the Elementary and Secondary Education Act
Provides for a national study of valid and reliable alternate assessment systems and how alternate assessments align with state content standards.
Ensures that local educational agencies measure the performance of students with disabilities on State or district-wide assessments, including alternate assessments aligned to the State’s academic content standards or extended
standards.
Clarifies the IEP team’s role in determining whether a child with a disability should take regular assessments with or without accommodations, or alternate assessments, consistent with State standards governing such determinations.
Aligns the personnel preparation and personnel certification with No Child Left Behind.
NOTE:
IN GENERAL-Notwithstanding section 607(b), when determining whether a child has a specific learning disability as defined in section 602, a local educational agency shall not be required totake into consideration whether a child has a
severe
discrepancy between achievement and intellectual ability in oral expression, listening comprehension, written expression, basic reading skill, reading comprehension, mathematical calculation, or mathematical reasoning.
(B) ADDITIONAL AUTHORITY-In determining whether a child has a specific learning disability, a local educational agency may use a
process that determines if the child responds to scientific, research based intervention as part of the evaluation procedures described in paragraphs (2) and (3).
IDEA 2004: Changes in Key Statutes
Section 1400 - Finding and Purposes
www.wrightslaw.com/law/idea/section1400.pdf
Section 1401 - Definitions
www.wrightslaw.com/law/idea/section1401.pdf
Section 1412 - State Responsibilities (the "Catchall" statute)
www.wrightslaw.com/law/idea/section1412.pdf
Section 1414 - Evaluations, Reevaluations and IEPs
www.wrightslaw.com/law/idea/section1414.pdf
Section 1415 - Procedural Safeguards (Rules of Procedure).
www.wrightslaw.com/law/idea/section1415.pdf
How Will IEPs Change Under IDEA 2004?
New Requirements for Personnel Development & Research Based Instruction. How will IEPs change under IDEA 2004? In IDEA 2004, Congress added new language that parents, educators, advocates, and attorneys can use to ensure that children
with disabilities are taught by highly qualified teachers and receive research based instruction.
IDEA 2004 includes new requirements that schools provide "high-quality, intensive pre-service preparation and professional development for all personnel who work with children with disabilities" so all school staff have "skills and
knowledge to improve the academic achievement and functional performance of children with disabilities " . . . "including the use of scientifically based instructional practices."
Findings and Purposes (Section 1400) is the first section of IDEA. Findings (Section 1400(c)(5)) was changed significantly. (Note: the text below is from IDEA 2004. New words are in bold and italics)
Section 1400: Findings & Purposes
Over 30 years of research . . .
(A) unchanged
(B) strengthening the role and responsibility of . . .
(C) coordinating this title with other local, educational service agency, State, and Federal school improvement efforts, including improvement efforts under the Elementary and Secondary Education Act of 1965, in order to ensure that
such children benefit from such efforts and that special education can become a service for such children rather than a place where such children are sent;
(D) unchanged
(E) supporting high-quality, intensive pre-service preparation and professional development for all personnel who work with children with disabilities in order to ensure that such personnel have the skills and knowledge necessary to
improve the academic achievement and functional performance of children with disabilities, including the use of scientifically based instructional practices, to the maximum extent possible;
(E)(i) and (ii) - deleted in entirety
(F) providing incentives for whole-school approaches, scientifically based early reading programs, positive behavioral interventions and supports, and early intervening services to reduce the need to label children as disabled in order
to address the learning and behavioral needs of such children;
(G) unchanged
(H) supporting the development and use of technology, including assistive technology devices and assistive technology services, to maximize accessibility for children with disabilities.
Section 1414: Evaluations, Reevaluations, IEPs
Congress added new language to the definition of IEPs in Section 1414(d). IEPs must include "a statement of the special education and related services and supplementary aids and services, based on peer-reviewed research . . ."
The following language about IEPs is from Section 1414. The text in bold & italics is NEW.
(d) INDIVIDUALIZED EDUCATION PROGRAMS -
1) DEFINITIONS - In this title:
(A) INDIVIDUALIZED EDUCATION PROGRAM -
(i) IN GENERAL -The term `individualized education program' or `IEP' means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with this section and that includes--
(I) a statement of the child's present levels of academic achievement and functional performance, including--
(aa) how the child's disability affects the child's involvement and progress in the general education curriculum;
(bb) for preschool children, as appropriate, how the disability affects the child's participation in appropriate activities; and
(cc) for children with disabilities who take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short-term objectives;
(II) a statement of measurable annual goals, including academic and functional goals, designed to--
(aa) meet the child's needs that result from the child's disability to enable the child to be involved in and make progress in the general education curriculum; and
(bb) meet each of the child's other educational needs that result from the child's disability;
(III) a description of how the child's progress toward meeting the annual goals described in subclause (II) will be measured and when periodic reports on the progress the child is making toward meeting the annual goals (such as through
the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided;
(IV) a statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of
the program modifications or supports for school personnel that will be provided for the child . . .
full text with changes: www.wrightslaw.com/law/idea/section1414.pdf
IDEA 2004: Rule 11 & Attorneys Fees
Parents and advocates have expressed concern about the “new” attorney fee statute in IDEA 2004 permitting school districts to recover fees from parents.
IDEA 2004 states:
(i) IN GENERAL - In any action or proceeding brought under this section, the court, in its discretion, may award reasonable attorneys' fees as part of the costs--
(I) to a prevailing party who is the parent of a child with a disability;
(II) to a prevailing party who is a State educational agency or local educational agency against the attorney of a parent who files a complaint or subsequent cause of action that is frivolous, unreasonable, or without foundation, or
against the attorney of a parent who continued to litigate after the litigation clearly became frivolous, unreasonable, or without foundation [bold added for emphasis by me]; or
(III) to a prevailing State educational agency or local educational agency against the attorney of a parent, or against the parent, if the parent's complaint or subsequent cause of action was presented for any improper purpose, such as
to harass, to cause unnecessary delay, or to needlessly increase the cost of litigation. 20 U.S.C. Section 1415(i)(3)(B)(i)
Any attorney or “pro se” party in a U. S. District Court lawsuit is bound by the Federal Rules of Civil Procedure (FRCP). Rule 11 states that the filing of a pleading or document is an automatic representation and certification that:
(1) it is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;
(2) the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;
(3) the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and
(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief.
The language in IDEA 2004 that permits fees against an attorney states:
“who files a complaint or subsequent cause of action that is frivolous, unreasonable, or without foundation, or . . . continued to litigate after the litigation clearly became frivolous, unreasonable, or without foundation ...”
is very similar to the standard of Rule Eleven which prohibits litigation for:
“any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation . . .”
In essence, adding Rule 11 language to IDEA 2004 is not a change in law but simply restates the law of Rule 11, both in FRCP and case law interpretations of Rule 11. Christiansburg Garment Co. v. EEOC, 434 US 412 (1978) is the leading
case about this issue.
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PUBLIC LAW 94-142
Twenty-one years ago President Ford along with Congress passed legislation that was intended to improve opportunities in education for handicapped children and adults through the provision of a free appropriate public education. This
law was called Public Law 94-142. This law provided that handicapped children and adults ages 3-21 be educated in the "least restrictive environment" to the maximum extent appropriate, meaning that they are educated with children who
are not handicapped and that special classes, separate schools or other removal of children from their regular educational environment occurs only when the severity of the handicap is such that education in regular classes cannot be
achieved.
Before a child can be placed in a special education program, an extensive evaluation procedure is required by PL 94-142. These criteria must be determined before a child can be placed:
-whether a child has a physical or mental disability that
substantially limits learning.
-the possible causes of a child's disability
-strengths and weaknesses of a child in physical, emotional,
social, vocational and intellectual areas
-the educational diagnosis category that best describes a
child's disability
-the special services, instructional techniques and other
interventions that the child needs
-the appropriate instructional placement for the child
-reasonable predictions of the child's academic, social and
vocational potential
The school is required to receive written permission from the parent before conducting an evaluation of the child.
Once the child's evaluation is complete and it is determined that the child is indeed eligible for placement in special education, an Individual Education Plan (i.e.p.) must be written to meet the needs of that child. An
interdisciplinary team is formed to write the child's I.E.P. Under PL 94-142, the team should, at a minimum, consist of a representative of the local school district, the child's teachers and the child's parents. PL 94-142 does
stipulate certain criteria that are to be included in the I.E.P. Included should be a statement of the child's present level of educational performance; the annual goals, including short term instructional objectives; the specific
special education and related services to be provided for the child and the extent to which the child will be able to participate in regular education program; the projected dates for initiation of services and anticipated duration of
services; the appropriate objective criteria and assessment procedures and schedule for determining on at least an annual basis whether the short term instructional objectives are being met.
Parents should be provided training through a not-for-profit agency to enable them to participate more effectively with professionals in meeting educational needs of their child. This training should enable parents to:
-better understand nature and needs of the handicapping
conditions of the child.
-provide follow-up support for the child's educational program
-participate in educational decision making process including
the development of the I.E.P.
-obtain information about programs, resources, and services
available to child and parent
-understand provisions for the education of their child
under PL 94-142
IDEA guarantees four (4) rights and two (2) protections for each child and his/her parents. For each student with a disability, the public education agency must provide:
1. A Free Appropriate Public Education
The education must be provided at no cost to the student or his/her parents. It must be designed to meet the unique needs of each individual student.
2. An Education in the Least Restrictive Environment
Students with disabilities are to be educated as much as possible with students who have no disabilities. This includes making use of regular school buildings whenever possible, as well as joint participation in non-academic and
extracurricular activities such as meals, art, music, physical education and recess. The amount of time a student with a disability spends with students who have no disabilities is to be determined on an individual basis.
3. Related Services
Related and other supportive services are to be provided as needed in order to assist a student with a disability to benefit from special education. These related services include, but are not limited to:
Speech · Audiology
Psychological Services· Early Identification
Physical Therapy · Counseling Services
Occupational Therapy · Medical Services (for
Recreation diagnosis or evaluation)
Parent Training · Parent Counseling
Transportation · Therapeutic Recreation
Social Work Services · Rehabilitation Counseling
4. Fair Assessment
Each student with a disability must receive a complete, nondiscriminatory educational evaluation prior to receiving special education services, and at least every three years thereafter.
IDEA also provides two protections:
1. An Individualized Education Program (IEP)
An IEP must be developed jointly by the school and the student's parents. It must be designed to meet each student's unique needs and must be in effect before special education services are provided to the student. The IEP must be
reviewed at least once a year.
2. Due Process Procedures
Parents must give their consent during the entire educational process. If a parent does not consent to special education services for his/her child, the student cannot be denied regular education services. Parents and schools have the
right to request a due process hearing if they cannot agree or if their rights or the student's rights have been denied.
Each state must develop an annual plan that describes how the state and the school districts within that state will comply with the requirements of IDEA.
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Amendments to IDEA '97
The Individual with Disabilities Education Act of 1997 (IDEA '97) seeks to improve the educational results for children with disabilities. It goes beyond simply assuring access to focusing on high expectations for children with
disabilities.
The Department of Education published its final regulations for IDEA '97 on March 12, 1999. The final regulations were published later than originally expected as Department staff worked to address nearly 6,000 comments received on the
proposed regulations, which were issued in October 1997. Persons interested in obtaining a copy of the final regulations can visit the Families and Advocates Partnership for Education (FAPE)
www.fape.org
As a parent of a child with a disability, it is important to learn of changes in the law and regulations and to understand how they will affect your child. The IEP requirements in IDEA '97 are in effect for all Individualized Education
Programs reviewed, revised or developed after July 1, 1998.
While it is difficult to summarize all of the changes in IDEA '97 and the final regulations, a sampling of issues are included in this article that may be of particular interest to parents:
Eligibility Criteria
Attention Deficit Disorder and Attention Deficit Hyperactivity Disorder have been added to the list of conditions that could make a child eligible under the "other health impairment" category of disability.
States are allowed to define "developmental delay" for children ages 3
through 9 and if local educational agencies choose to use this category, they
must use the definition and age range defined by the state.
Children may be eligible for special education even if progressing from grade to grade. Children cannot be determined eligible for services solely based on limited English proficiency or lack of instruction in reading or math.
Evaluations must identify all of the child's needs for special education and related services, even if those needs are not commonly linked to the disability under which a child has been found eligible for services (services must be
based on need, not disability category). Parent input is a source of information to use in determining a child's eligibility.
Individualized Education Programs (IEPS)
IEPs must include how a child will be involved in the general curriculum, including goals related to meeting the child's needs so that the child can progress in the general curriculum.
IEPs must be accessible to each teacher and service provider who is responsible for its implementation and must be informed of their responsibilities for implementing parts of the IEP and the specific accommodations, modifications, and
supports that are listed in the IEP.
At least one regular education teacher of the child must be on the IEP team if the child is, or may be, participating in the regular education environment (e.g. classroom). Parents and the school can invite others of their choosing who
have knowledge or special expertise regarding the child.
The IEP team must consider a number of "special factors" when developing a child's IEP. The IEP team shall consider: strategies, including positive interventions for behavior that interferes with learning; limited English proficiency
as language needs relate to the IEP; assistive technology needs; communication needs; for children who are deaf or hearing impaired, communication in their language and communication mode. In addition, for a child who is blind or
visually impaired, as another "special factor", the IEP Team must provide for instruction in Braille and use of Braille unless, after an appropriate evaluation, the IEP team determines that the instruction in Braille or the use of
Braille is not appropriate for the child.
Parents are to be informed of their child's progress, at least as often as parents are informed of progress for their children who do not have disabilities.
Extended School Year services cannot be unilaterally limited to particular categories of disability or be automatically limited in the type, amount, or duration of services.
Statewide and District-wide Assessments
Children with disabilities must participate, with appropriate accommodations and modifications, in general statewide and district-wide assessment programs. For those who cannot participate, alternative assessments must be developed and
used by July 1, 2000.
Assessments must be done in the language used by the child in the home or learning environment (e.g. school) unless clearly not feasible to do so.
Discipline
Services do not need to be provided during the first ten days of removal from
school in a given school year. Subsequent removals require services to the
extent needed for the child to appropriately progress in the general
curriculum and in appropriately advancing toward IEP goals.
For removals of more than 10 school days in the same school year or for a removal that is a change of placement, the IEP team must meet to develop a functional behavioral assessment plan if one has not been done, or review an existing
behavioral intervention plan. A manifestation review is required if the removal is a change of placement. A change of placement occurs if the removal is for more than 10 consecutive school days or it is a series of removals that
constitute a pattern and cumulate to more than ten school days in a school year.
Schools may remove a child for up to 45 days for weapons / drugs; a hearing officer may remove the child for up to 45 days for dangerousness.
Child Find is the on-going process of locating students suspected of having disabilities who need special education services. This includes locating students who are not in school, those who are in school, but not receiving special
education services, and those that are receiving some, but not all needed special education services.
Other
If a child graduates with a regular high school diploma, it is considered a "change of placement" and requires written prior notice.
If a "certificate of attendance" is awarded rather than a regular diploma, the child remains eligible for services until the child receives a regular diploma or no longer meets age requirements.
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Section 504 of the Rehabilitation Act (PL 93-112)
504 prohibits discrimination against children and adults with disabilities. It guarantees that persons with disabilities have equal access to programs and services that receive federal funds. This includes public and private schools
and colleges. It also applies to employers who receive federal funds.
Funding To Implement Requirements?
No. State and local jurisdictions have responsibility. IDEA funds may not be used to serve children found eligible only under Section 504.
Procedural Safeguards/Due Process
Section 504 requires notice to parents regarding identification, evaluation, placement, and before a "significant change" in placement. Written notice is recommended. Following IDEA procedural safeguards is one way to meet Section 504
mandates. Local education agencies are required to provide impartial hearings for parents who disagree with the identification, evaluation, or placement of a student. Parents must have an opportunity to participate in the hearing
process and to be represented by counsel. Beyond this, due process is left to the discretion of local districts. It is recommended that they develop policy guidance and procedures.
Evaluation/Placement Procedures
Section 504 provides for a placement evaluation that must involve multiple assessment tools tailored to assess specific areas of educational need. Placement decisions must be made by a team of persons familiar with the student who
understand the evaluation information and placement options. Students with disabilities may be placed in a separate class or facility only if they cannot be educated satisfactorily in the regular education setting with the use of
supplementary aids and services. Significant changes to placement must be preceded by an evaluation.
Section 504 provides for periodic reevaluation. Parental consent is not required for evaluation or placement.
____________________________________________________________________________________________________________________________
Americans with Disabilities Act
(ADA) of 1990 (PL 101-336) protects children and adults with disabilities
from discrimination in employment, public, and privately-operated settings. The law applies to all public and most private schools and colleges, testing institutions, and licensing authorities. It also applies to state and local
governments and to private employers with 15 or more employees.
____________________________________________________________________________________________________________________________
What is the difference between 504 and IDEA?
Take this Quiz first:
IDEA and Section 504 of the Rehabilitation Act of 1973 are two laws that affect the education of children with disabilities. Do you know how they differ?
1: A child identified for services under Section 504 would
demonstrate all of the following but:
a. An impairment that limits a major life activity.
b. A special education categorical classification.
c. A handicap.
d. Difficulty in school.
2: A reevaluation for a child who is receiving services under IDEA
could be provided when:
a. Parents request it.
b. Teachers request it.
c. Within three years.
d. All of the above.
e. None of the above.
3: A Free Appropriate Public Education (FAPE) is designed to
provide:
a. "Educational benefit" for those students identified under Section
504.
b. Related services only for those students identified under IDEA.
c. Special education placement for the students identified under
IDEA.
d. Special education placement for the students identified under
Section 504.
4: Due process procedures include all of the following except:
a. Impartial hearings.
b. Consent requirements.
c. Annual goals and short-term objectives.
d. Representation by counsel.
5: Parents and teachers should know:
a. Who the Section 504 compliance officer is at their school building.
b. What forms are used to document the process of identifying a
student for services under Section 504 and IDEA.
c. What the school district requirements are for Section 504 and
IDEA.
d. All of the above.
Answers: 1. B; 2. D; 3. C; 4. C; 5. D.
Your score indicates:
0 - 1: You should bone up on the laws that affect your child's
education.
2 - 3: It wouldn't hurt to do some review before your next meeting
with the school.
4 - 5: Good for you! You know your stuff.
The differences between 504 and IDEA
IDEA Students
Only those children who are educationally disabled fall within the scope of
this act.
Section 504 Students
Due to substantial mental or physical impairments that limit one or more of the student's major life activities, special accommodation to the student's program are required. A 504 accommodation plan is designed for each student
according to individual need. Examples of potential 504 handicapping conditions not typically covered under IDEA are:
Communicable diseases (HIV, Tuberculosis)
Medical Conditions (asthma, allergies, diabetes, heart disease)
Temporary medical conditions due to illness or accident
Attention Deficit Disorder (ADD, ADHD)
____________________________________________________________________________________________________________________________
Differences Between 504 and IDEA
IDEA is a Federal funding statue whose purpose is to provide financial aid to states to support their efforts to ensure adequate and appropriate services
for disabled children.
Section 504 is a broad civil rights law which protects the rights of individuals with handicaps in programs and activities that receive Federal financial assistance from the United States Department of Education.
Who is protected?
IDEA protects all school aged children who fall within one or more specific categories of qualifying conditions.
Section 504 identifies all school-age children as handicapped who meet the definition of qualified handicapped people; i.e., (1) has or (2) has had a physical or mental impairment which substantially limits a major life activity, or
(3) is regarded as handicapped by others. Major life activities include walking, seeing, hearing, speaking, breathing, learning, working, caring for oneself and performing manual tasks. The handicapping condition need only
substantially limit one major life activity in order for the student to be eligible.
Who is Eligible for Protections Under Section 504 . .but Not Under IDEA?
Q: Who may be protected under Section 504, but not under IDEA? A student with AIDS? A student with ADD? A student with chronic asthma?
A: Section 504 is a civil rights law. Section 504 protects individuals with disabilities from discrimination. Section 504 ensures that children with disabilities have equal access to an education. All three students would be protected
from discrimination under Section 504. Each of these students may also be eligible for special education and related services under IDEA.
Eligibility for special education and related services under IDEA (and eligibility for protection from discrimination under Section 504) is not disability-specific. This means that one child who has ADD or asthma or AIDS is eligible
for special education services under IDEA (which always makes a child eligible under 504) while another child who has ADD or asthma or AIDS is not eligible for services under IDEA, but may be protected from discrimination under Section
504.
These decisions are specific to each child.
If the child has a disability that adversely affects educational performance, the child is eligible for special education services under IDEA. Children who eligible for special education services under IDEA are protected under Section
504 (but the converse is not true).
If the child has a disability that does not adversely affect educational performance, then the child will not be eligible for special education services under IDEA but will usually be entitled to protections under Section 504.
Responsibility to Provide a Free and Appropriate Public Education
Both laws require the provision of a free and appropriate education to eligible students covered under them including individually designed instruction. THE IEP of IDEA will suffice for a Section 504 written plan.
IDEA requires a written IEP document with specific content and a required number of specific participants at the IEP.
Section 504 does not require a written IEP document but doers require a plan. It is recommended that a group of persons knowledgeable about the student convene and specify the agreed upon services.
IDEA's appropriate education means a program designed to provide educational benefit. Related services are provided if required for the student to benefit from specifically designed instruction.
Section 504's appropriate education means an education comparable to the education provided to non-handicapped students, requiring that reasonable accommodations be made. Related services, independent of any special education services
as defined under IDEA, may be the reasonable accommodation.
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Developmental Delay (Eligibility)
Overview
The IDEA grants states the option to recognize children ages 3 through 9 who need special education and related services as a result of developmental delays in physical development, cognitive, communication, social or emotional
development, or adaptive development as children with disabilities. A district cannot deviate from the definition of developmental delay or the age range adopted by the state.
Key Points
These key-point summaries cannot reflect every fact or point of law contained within a source document. For the full text, follow the link to the cited source.
Eligibility on basis of developmental delay
A state cannot require its school districts to recognize IDEA eligibility on the basis of a developmental delay. IDEA grants states the option to recognize children ages 3 through 9 who need special education and related services as a
result of developmental delays in physical development, cognitive, communication, social or emotional development, or adaptive development as children with disabilities. 34 CFR 300.7 (b)(1).
State definitions of delay and age subsets
A state defines what it means to be experiencing developmental delays,
including whether that category will apply to children ages 3 through 9, or to a
subset of that age range (e.g., ages 3 through 5). 34 CFR 300.313 (a)(1).
LEA option to use Developmental Delay as eligibility category
Assuming a state has elected to recognize and define developmental delay as an
eligibility category, each school district (i.e., LEA) has the option to use that
category for any children within its jurisdiction. 34 CFR 300.313 (a)(2).
LEA meeting state requirements
A district cannot deviate in any respect from the definition of developmental
delay or age range adopted by the state. 34 CFR 300.313 (a)(3). If a state does not adopt the term "developmental delay," no school district within the state can independently use that term as a basis for establishing a child's
eligibility under the IDEA. 34 CFR 300.313 (a)(4).
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Child Find Under Section 504
Overview
Section 504 contains its own child find requirement that is similar, but not identical, to the child find requirement of IDEA.
Key Points
These key-point summaries cannot reflect every fact or point of law contained within a source document.
OBLIGATION TO EVALUATE UNDER SECTION 504
Schools must conduct an evaluation of any student "who, because of handicap, needs or is believed to need special education and related
services." 34 CFR 104.35 (a).
INITIATION OF EVALUATION PROCESS
A school district, a private or public agency or institution, or a parent may initiate a referral for a pre-placement evaluation, the same as under IDEA.
COLLECTIVE NOTICE REQUIREMENT REGARDING SECTION 504
Section 504's "collective notice" requirement mandates all public schools to identify and locate every qualified handicapped person residing in the school district who is not receiving a public education and to notify them of the
school's obligations to them under Section 504. This obligation is met via appropriate announcements on district forms and publications and in the mass media. 34 CFR 104.32.
PRELIMINARY SCREENINGS AND INTERVENTIONS
Unlike IDEA, Section 504 does not have an interim screening step in the child find evaluation process. Any pre-referral informal screenings and interventions that are used for possible identification of students with a disability must
comply with the Section 504 procedural safeguards of 34 CFR 104.36. San Diego (CA) Sch. Dist., 353 IDELR 236 (OCR 1989).
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IDEA and MUSIC THERAPY-Related Service
August 25, 2005, After several years of advocacy, the US Dept. of Education is considering changing the wording of the IDEA laws to include music therapy as a related service. Music therapists, special education and general education
teachers, parents, and colleagues have an opportunity to influence this legislation by providing comments on the proposed IDEA regulations. Once these regulations are completed, they will be utilized by schools to assist them in
implementing the special education law. U.S. Department of Education staff has indicated a need to hear comments from parents, as well as clinicians. All comments on the proposed regulations are to be filed with the Department's Office
of Special Education and Rehabilitative Services (OSERS).
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