504 or IEP: Which is Right for my Child?

Size: px
Start display at page:

Download "504 or IEP: Which is Right for my Child?"

Transcription

1 504 or IEP: Which is Right for my Child? Students with disabilities can receive educational plans under one of two federal laws. One is Section 504 of the Rehabilitation Act of 1973, whose plan is commonly referred to as a 504 Plan. The other is the Individuals with Disabilities Education Improvement Act of 2004, commonly referred to as IDEA, whose plan is called an IEP (Individualized Education Program). Particularly for students with Tourette Syndrome, ADHD, or other medical conditions, it is important to know the distinction, the legal requirements for eligibility and the protections and services afforded under each.

2 504 Plan vs IEP Comparison Chart 504 Plan IEP Statute and Regulations Civil Rights, anti-discrimination law. 29 U.S.C. 701 et seq. 34 C.F.R. Part U.S.C et seq. 34 C.F.R. Part 300 Overriding Purpose Reasonable accommodations for equal access to educational opportunities. Accommodations cannot alter the nature and expectations of the class/activity. Specially designed instruction, accommodations and related services designed so the student can make meaningful progress and receive an educational benefit. Designed to meet unique needs and ensure that children s and parent s rights are protected. Who it Protects Children and adults with disabilities in schools that receive federal funds. This includes post-secondary level education. Children with disabilities in public schools until they graduate or reach the age of 22.

3 Evaluation Child find obligation to annually identify and locate students with disabilities. Must perform an evaluation that draws from a variety of sources. No timeline for completion. US DOE OCR has interpreted a parental consent requirement to evaluate. Requires periodic reevaluations. Child find obligation to annually identify and locate students with disabilities. Must use a variety of assessment tools and strategies to gather relevant functional, developmental and academic information and assess in all areas of suspected disability. Evaluation and eligibility meeting must be held within 60 days of consent to evaluate. Requires triennial reevaluations and has provisions for Independent Educational Evaluations. Eligibility Physical or mental impairment which substantially limits one or more of such person s major life activities. Explicitly includes sleeping, reading, concentrating, thinking, and communicating, as well as performing manual tasks, seeing, hearing, eating, walking, speaking, learning, and working. NO RTI (Response to Intervention) requirement! Consideration must exclude mitigating factors being implemented. Determination of whether the child is a child with a disability and the educational needs of the child. Requires a disability that adversely affects a child s educational performance so that specialized instruction is required. In some states/school districts, RTI (Response to Intervention) is required for suspected learning disabilities, but evaluations should occur concurrently.

4 What you get (504 accommodations are subsumed in an IEP never any need to have both) Accommodation plan implemented in a general education classroom. No specialized instruction or direct services typically permitted. May include related services (OT, PT, transportation, etc). Individualized Education Program designed to provide specialized instruction, accommodations and related services (OT, PT, transportation, etc) for deficit areas. Transition planning at age 16. "Specially designed instruction" means adapting, as appropriate to the needs of an eligible child, the content, methodology or delivery of instruction to address the child's unique needs resulting from the disability and ensuring the child's access to the general curriculum so that he or she can meet the educational standards that apply to all children within jurisdiction of the public agency. 34 CFR (b)(3).

5 Meaning of FAPE (Free Appropriate Public Education) Appropriate means an education comparable to non-disabled peers. Leveling the playing field in the general education classroom. Appropriate means designed to provide an educational benefit to the disabled student. Direct specialized instruction, accommodations and related services. Can be in a general education or special education setting. Parental Rights Very few specifically spelled out. Schools are merely required to establish and implement procedural safeguards that include notice (not consent), an opportunity for parents to review relevant records, an impartial hearing with opportunity for participation by the student's parents or guardian, representation by counsel and a review procedure. Spelled out in detail and at length. Consent requirements. Prior written notice requirement. Annual reporting of present levels of performance. Data collection. Periodic progress reporting. Disciplinary Protection MDR (Manifestation Determination Review) requirement prior to a change of placement because of behavior. MDR (Manifestation Determination Review) requirement prior to a change of placement because of behavior.

6 Dispute Resolution School districts required to develop their own grievance procedure. Can include a hearing officer appointed by the school. Due Process procedures specifically set out in statute. Hearings held by impartial hearing officers provided by the State. Stay put provision. Enforcement Can file complaints with the United States Department of Education Office of Civil Rights. 180 day statute of limitations. Can file complaints with the State Department of Education. Generally 1 year statute of limitations. Funding Schools receive no additional federal funds to provide accommodations. Schools receive federal funding for services. Statute is not fully funded.

Section 504 and IDEA Comparison Chart

Section 504 and IDEA Comparison Chart Page 1 of 6 Section 504 and IDEA Comparison Chart By NCLD Editorial Team 51 Comments School can be a stressful environment for the child and a time of vulnerability. Appropriate accommodations and modifications

More information

GUILFORD COUNTY SCHOOL SYSTEM SECTION 504 OF THE REHABILITATION ACT OF 1973 Revised following ADA Amendment of 2008

GUILFORD COUNTY SCHOOL SYSTEM SECTION 504 OF THE REHABILITATION ACT OF 1973 Revised following ADA Amendment of 2008 GUILFORD COUNTY SCHOOL SYSTEM SECTION 504 OF THE REHABILITATION ACT OF 1973 Revised following ADA Amendment of 2008 INTRODUCTION Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against

More information

What Parents Need to Know About a Section 504 Accommodation Plan

What Parents Need to Know About a Section 504 Accommodation Plan What Parents Need to Know About a Section 504 Accommodation Plan What is a 504 Accommodation Plan? Basic Information Section 504 is a part of the Rehabilitation Act of 1973 that prohibits discrimination

More information

SECTION 504: EDUCATION S NEGLECTED RED-HEADED STEPCHILD. Section 504. holds the key to school success for many children & young adults!

SECTION 504: EDUCATION S NEGLECTED RED-HEADED STEPCHILD. Section 504. holds the key to school success for many children & young adults! SECTION 504: EDUCATION S NEGLECTED RED-HEADED STEPCHILD Chris Zeigler Dendy, M.S. Moderator Tuwanna Hinds, M.S. Children s Hospital of Alabama Nancy Anderson, J.D. Alabama Disabilities Advocacy Program

More information

SECTION 504/ADA PROHIBITION AGAINST DISCRIMINATION BASED ON DISABILITY

SECTION 504/ADA PROHIBITION AGAINST DISCRIMINATION BASED ON DISABILITY COUNTY SCHOOLS 2260.01/page 1 of 9 REVISED POLICY - VOL. 8, NO. 1 SECTION 504/ADA PROHIBITION AGAINST DISCRIMINATION BASED ON DISABILITY Pursuant to Section 504 of the Rehabilitation Act of 1973 ( Section

More information

Students. With. for. Public. Free. Appropriate. Requirements Under Section 504 of The Rehabilitation Act of 1973

Students. With. for. Public. Free. Appropriate. Requirements Under Section 504 of The Rehabilitation Act of 1973 for Students With Disabilities: Free Appropriate Public Education Requirements Under Section 504 of The Rehabilitation Act of 1973 Free Appropriate Public Education for Students With Disabilities: Requirements

More information

Q&A: Revocation of Parental Consent for the Provision of Special Education Services

Q&A: Revocation of Parental Consent for the Provision of Special Education Services Q&A: Revocation of Parental Consent for the Provision of Special Education Services The (MDE) Division of Compliance and Monitoring has developed this document to address questions raised by parents and

More information

Annual Public Notice of Special Education Services and Programs for Students with Disabilities

Annual Public Notice of Special Education Services and Programs for Students with Disabilities 1 Annual Public Notice of Special Education Services and Programs for Students with Disabilities Mastery Charter School publishes the following Annual Notice in the school s Parent-Student Handbook and

More information

Glossary of Special Education Terminology

Glossary of Special Education Terminology Glossary of Special Education Terminology 1. "A Child with a Disability": A student who has been properly evaluated in accordance with regulations who is found to have a disability which results in the

More information

OSPI Special Education Technical Assistance Paper No. 5 (TAP 5) REVISED

OSPI Special Education Technical Assistance Paper No. 5 (TAP 5) REVISED OSPI Special Education Technical Assistance Paper No. 5 (TAP 5) REVISED The Individuals with Disabilities Education Act (IDEA): Evaluation Procedures Under Part B Note: All TAPS are posted on OSPI s Web

More information

Special Accommodations and Services for Students with Special Needs Section 504

Special Accommodations and Services for Students with Special Needs Section 504 Policy 607 Education Programs Special Accommodations and Services for Students with Special Needs Section 504 I. Purpose The purpose of this policy is to ensure that the school district provides a full

More information

Catholic Conference of Ohio

Catholic Conference of Ohio Catholic Conference of Ohio Q&A DOCUMENT TO ASSIST PARENTS OF SPECIAL NEEDS CHILDREN AND SERVE AS A RESOURCE FOR CATHOLIC SCHOOLS ENROLLING CHILDREN WITH DISABILITIES 1. What is the Individual Disability

More information

Special Education: The Legal Framework, Building an IEP and What to do When the Team does not Agree

Special Education: The Legal Framework, Building an IEP and What to do When the Team does not Agree Special Education: The Legal Framework, Building an IEP and What to do When the Team does not Agree Craig Goodmark Atlanta Legal Aid Society July 31, 2010 THE LAW Individuals with Disabilities in Education

More information

CHILD FIND POLICY and ANNUAL PUBLIC NOTICE OF SPECIAL EDUCATION STUDENTS AND PROGRAMS FOR STUDENTS WITH DISABILITIES

CHILD FIND POLICY and ANNUAL PUBLIC NOTICE OF SPECIAL EDUCATION STUDENTS AND PROGRAMS FOR STUDENTS WITH DISABILITIES CHILD FIND POLICY and ANNUAL PUBLIC NOTICE OF SPECIAL EDUCATION STUDENTS AND PROGRAMS FOR STUDENTS WITH DISABILITIES It is the policy of YouthBuild Philadelphia Charter School that all students with disabilities,

More information

Special Education Services. Serving Children Supporting Families Encouraging Success

Special Education Services. Serving Children Supporting Families Encouraging Success Special Education Services Serving Children Supporting Families Encouraging Success 1 If you have this brochure in your hand, then you are most likely asking: 1. Does PA Distance Learning Charter School

More information

A Parent & Educator Guide to Free Appropriate Public Education (under Section 504 of the Rehabilitation Act of 1973)

A Parent & Educator Guide to Free Appropriate Public Education (under Section 504 of the Rehabilitation Act of 1973) A Parent & Educator Guide to Free Appropriate Public Education (under Section 504 of the Rehabilitation Act of 1973) Jim Rich Director Special Services Puget Sound ESD July 2010 Table of Contents Introduction

More information

Special Education Advocacy for Children in Oregon. Brian V. Baker, Juvenile Rights Project, Inc. & Joel Greenberg, Oregon Advocacy Center, Inc.

Special Education Advocacy for Children in Oregon. Brian V. Baker, Juvenile Rights Project, Inc. & Joel Greenberg, Oregon Advocacy Center, Inc. Special Education Advocacy for Children in Oregon Brian V. Baker, Juvenile Rights Project, Inc. & Joel Greenberg, Oregon Advocacy Center, Inc. Goals Understand eligibility for special education and Section

More information

Table of Contents Introduction 3

Table of Contents Introduction 3 1 Table of Contents Introduction 3 Overview of Section 504 and ADA 4 Key Differences between IDEA and Section 504 5 Identifying Students for Section 504 Eligibility 6 The Section 504 Eligibility Determination

More information

QuickGuide: The General Educator & Section 504 Issues

QuickGuide: The General Educator & Section 504 Issues QuickGuide: The General Educator & Section 504 Issues Provided by California Teachers Association Instruction & Professional Development QuickGuide: The General Educator & Section 504 Issues First edition

More information

Legal Issues in Special Education

Legal Issues in Special Education Legal Issues in Special Education Susan Larson Etscheidt, Ph.D. University of Northern Iowa This session will feature several legal issues of interest to educational leaders, including student discipline

More information

SECTION 504/ADA PROHIBITION AGAINST DISCRIMINATION BASED ON DISABILITY

SECTION 504/ADA PROHIBITION AGAINST DISCRIMINATION BASED ON DISABILITY TRAVESE CITY AREA PUBLIC SCHOOLS 2260.01A/page 1 of 12 SECTION 504/ADA PROHIBITION AGAINST DISCRIMINATION BASED ON DISABILITY The Superintendent establishes these administrative guidelines for the identification,

More information

SPECIAL EDUCATION IN MASSACHUSETTS

SPECIAL EDUCATION IN MASSACHUSETTS SPECIAL EDUCATION IN MASSACHUSETTS Children's Law Center of Massachusetts 298 Union Street Lynn, MA 01901 (781) 581-1977 *updated February 2013 Introduction.1 When is a student eligible for special education

More information

Reevaluation of Special Education Students. 1. If conditions warrant a reevaluation, including improved academic performance

Reevaluation of Special Education Students. 1. If conditions warrant a reevaluation, including improved academic performance Reevaluation of Special Education Students Record Keeping Requirement I. Reevaluation A. A reevaluation shall be conducted: 1. If conditions warrant a reevaluation, including improved academic performance

More information

TO: AEA Directors of Special Education Student and Family Support Services Staff Early Childhood Services Staff FR: Thomas A. Mayes DA: June 28, 2011 RE: Revocation of Consent for Continued Special Education

More information

South Dakota Parental Rights and Procedural Safeguards

South Dakota Parental Rights and Procedural Safeguards South Dakota Parental Rights and Procedural Safeguards Special Education Programs Revised July 2011 Prior Written Notice... 1 Definition of Parental Consent... 3 Definition of a Parent... 3 Parental Consent...

More information

Q&A: Related Services

Q&A: Related Services Q&A: Related Services The (MDE), Division of Compliance and Assistance, has developed this document to assist school districts and parents who have raised questions about related services. The intention

More information

South Carolina Department of Education Office of Special Education Services Monitoring Overview and Rubric (MOR) for IEP Development

South Carolina Department of Education Office of Special Education Services Monitoring Overview and Rubric (MOR) for IEP Development South Carolina Department of Education Office of Special Education Services Monitoring Overview and Rubric (MOR) for IEP Development Item Inquiry Components and Corresponding IDEA Sections and Regulations

More information

2015-2016. Fallbrook College Preparatory Academy Special Education Handbook. 12512 Walters Rd. Houston, TX 77014. (281) 880 1360 Fax (281) 880 1362

2015-2016. Fallbrook College Preparatory Academy Special Education Handbook. 12512 Walters Rd. Houston, TX 77014. (281) 880 1360 Fax (281) 880 1362 2015-2016 Fallbrook College Preparatory Academy Special Education Handbook Fallbrook College Preparatory Academy 12512 Walters Rd. Houston, TX 77014 (281) 880 1360 Fax (281) 880 1362 Our Mission We endow

More information

Annual Public Notice of Special Education Services and Programs

Annual Public Notice of Special Education Services and Programs Annual Public Notice of Special Education Services and Programs It is the responsibility of the Pennsylvania Department of Education to ensure that all children with disabilities residing in the Commonwealth,

More information

Reevaluation Procedures for Students with Disabilities

Reevaluation Procedures for Students with Disabilities Reevaluation Procedures for Students with Disabilities BACKGROUND This is one of a series of technical assistance materials related to the final regulations implementing the 1997 Amendments to Part B and

More information

How to Request an Initial Evaluation for Special Education Eligibility

How to Request an Initial Evaluation for Special Education Eligibility 2222 West Braker Lane Austin, Texas 78758 MAIN OFFICE 512.454.4816 TOLL-FREE 800.315.3876 FAX 512.323.0902 How to Request an Initial Evaluation for Special Education Eligibility If you or someone you know

More information

NEW MEXICO PRIMER ON SPECIAL EDUCATION IN CHARTER SCHOOLS: BACKGROUND SECTION

NEW MEXICO PRIMER ON SPECIAL EDUCATION IN CHARTER SCHOOLS: BACKGROUND SECTION NEW MEXICO PRIMER ON SPECIAL EDUCATION IN CHARTER SCHOOLS: BACKGROUND SECTION This section is divided into two parts: a discussion of the legal status of charter schools and their linkage to other local

More information

Advanced Section 504 Training. Presented by: Diane Marshall-Freeman, Partner Becky P. Feil, Associate

Advanced Section 504 Training. Presented by: Diane Marshall-Freeman, Partner Becky P. Feil, Associate Advanced Section 504 Training Presented by: Diane Marshall-Freeman, Partner Becky P. Feil, Associate 1 Advanced Section 504 Brief Overview of Section 504 Advanced Training Scenarios Q & A 2 Overview of

More information

EAST QUOGUE UNION FREE SCHOOL DISTRICT PROGRAMS FOR STUDENTS WITH DISABILITIES UNDER THE IDEA AND NEW YORK EDUCATION LAW ARTICLE 89 Policy 4321

EAST QUOGUE UNION FREE SCHOOL DISTRICT PROGRAMS FOR STUDENTS WITH DISABILITIES UNDER THE IDEA AND NEW YORK EDUCATION LAW ARTICLE 89 Policy 4321 I. General The Board of Education shall make available a free appropriate public education to all students with disabilities who reside within the School District and are eligible for special education

More information

SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES

SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES Chapter 6 Information on Due Process/Compliance Procedures TABLE OF CONTENTS Question Page 1. What is a due process hearing?... 1 2. What is a compliance complaint?...

More information

42 U.S.C. 12131 12134; 28 C.F.R. pt. 35. For general information about the ADA, please see www.ada.gov. 3

42 U.S.C. 12131 12134; 28 C.F.R. pt. 35. For general information about the ADA, please see www.ada.gov. 3 U.S. Department of Justice Civil Rights Division U.S. Department of Education Office for Civil Rights Office of Special Education and Rehabilitative Services Introduction Frequently Asked Questions on

More information

Sp e c i a l. Ed u c a t i o n. National disability

Sp e c i a l. Ed u c a t i o n. National disability Sp e c i a l Ed u c a t i o n & Th e La w M e m b e r o f t h e National disability R i g h t s N e t w o r k This publication was prepared by the Disability Law Center of Alaska, The Protection and Advocacy

More information

290-8-9.04(3) 290-8-9.04(4)(e)

290-8-9.04(3) 290-8-9.04(4)(e) 290-8-9.04(3) 290-8-9.04(4)(e) (3) Age Requirements. The following age requirements apply to the provision of special education and related services: (a) Preschool children with disabilities by the child

More information

Your Family s Special Education Rights

Your Family s Special Education Rights VIRGINIA DEPARTMENT OF EDUCATION DIVISION OF SPECIAL EDUCATION AND STUDENT SERVICES Your Family s Special Education Rights VIRGINIA PROCEDURAL SAFEGUARDS NOTICE SPECIAL EDUCATION PROCEDURAL SAFEGUARDS

More information

New Jersey Special Education Advocacy Guide

New Jersey Special Education Advocacy Guide New Jersey Special Education Advocacy Guide New Jersey Special Education Advocacy Guide This self-advocacy guide is to assist families of children with disabilities to navigate through the special education

More information

KIMBLE V. DOUGLAS COUNTY SCH. DIST. RE-1 (D. COLO. 2013) BACKGROUND FACTS BACKGROUND FACTS

KIMBLE V. DOUGLAS COUNTY SCH. DIST. RE-1 (D. COLO. 2013) BACKGROUND FACTS BACKGROUND FACTS KIMBLE V. DOUGLAS COUNTY SCH. DIST. RE-1 (D. COLO. 2013) By Elena M. Gallegos B.K. qualified and had been receiving special education services under the IDEA. According to the court, she had been served

More information

PART 226 SPECIAL EDUCATION SUBPART A: GENERAL

PART 226 SPECIAL EDUCATION SUBPART A: GENERAL ISBE 23 ILLINOIS ADMINISTRATIVE CODE 226 TITLE 23: EDUCATION AND CULTURAL RESOURCES : EDUCATION CHAPTER I: STATE BOARD OF EDUCATION : INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS PART 226 SPECIAL EDUCATION

More information

1. Each LEA shall ensure that evaluation procedures are established and implemented that meet the requirements of this Rule.

1. Each LEA shall ensure that evaluation procedures are established and implemented that meet the requirements of this Rule. Code: IDDF (4) 160-4-7-.04 EVALUATIONS AND REEVALUATIONS. (1) INITIAL EVALUATIONS. (a) Each LEA must conduct a full and individual initial evaluation before the initial provision of special education and

More information

The Manual for Parents and Students About Special Education Services in Texas

The Manual for Parents and Students About Special Education Services in Texas The Manual for Parents and Students About Special Education Services in Texas 2012 Revised and Updated September 2011 A JOINT PROJECT OF www.thearcoftexas.org www.disabilityrightstx.org Table of Contents

More information

The Parent Guide to Special Education Services In South Carolina

The Parent Guide to Special Education Services In South Carolina The Parent Guide to Special Education Services In South Carolina For further information on special education services in South Carolina, you may contact the Office of Exceptional Children at the South

More information

INDIVIDUALS WITH DISABILITIES EDUCATION ACT NOTICE OF PROCEDURAL SAFEGUARDS

INDIVIDUALS WITH DISABILITIES EDUCATION ACT NOTICE OF PROCEDURAL SAFEGUARDS INDIVIDUALS WITH DISABILITIES EDUCATION ACT NOTICE OF PROCEDURAL SAFEGUARDS Tennessee Department of Education Division of Special Education Department of Education February 11, 2008; Publication Authorization

More information

INTRODUCTION. Special Education Rules Implementation Manual

INTRODUCTION. Special Education Rules Implementation Manual INTRODUCTION The is pleased to present this document as a guide for the implementation of the Georgia Rules for Special Education. The purpose of this manual is to provide practical ideas and best practice

More information

Navigating the Course:

Navigating the Course: Navigating the Course: Finding Your Way Through Indiana s Special Education Rules A companion guide to: ARTICLE 7 September 2009 TABLE OF CONTENTS Table of Contents... 1 Section I: INTRODUCTION... 7 PURPOSE...

More information

CHAPTER 4 THE INDIVIDUALIZED EDUCATION PROGRAM (IEP) INTRODUCTION A. IEP TEAM

CHAPTER 4 THE INDIVIDUALIZED EDUCATION PROGRAM (IEP) INTRODUCTION A. IEP TEAM C H A P T E R 4 : T H E I N D I V I D U A L I Z E D E D U C A T I O N P R O G R A M ( I E P ) INTRODUCTION The Individualized Education Program is defined as a written statement for each student with an

More information

Side-by-side Comparison of Early Intervention and Preschool Special Education

Side-by-side Comparison of Early Intervention and Preschool Special Education NM Part C Early Intervention Procedures - Appendix A. Side-by-side Comparison of Early Intervention and Preschool Special Education The following is a side-by-side comparison of: Early intervention services

More information

LOUISIANA DEPARTMENT OF EDUCATION SPECIAL SCHOOL PROGRAMS

LOUISIANA DEPARTMENT OF EDUCATION SPECIAL SCHOOL PROGRAMS PARENTAL NOTIFICATION LETTERS PRIOR WRITTEN NOTICE BY THE LOCAL SCHOOL SYSTEM http://www.doe.state.la.us 1-877-453-2721 Date: Contact Name: School: Telephone No.: To: To the Parent(s)/Guardian(s) of: Parents

More information

ROLE OF THE SCHOOL NURSE IN IMPLEMENTING SECTION 504

ROLE OF THE SCHOOL NURSE IN IMPLEMENTING SECTION 504 ROLE OF THE SCHOOL NURSE IN IMPLEMENTING SECTION 504 AND INDIVIDUALIZED EDUCATION PROGRAM SERVICES MARYLAND STATE SCHOOL HEALTH GUIDELINE DECEMBER 2007 Maryland State Department of Education Maryland Department

More information

EDUCATIONAL RIGHTS FOR STUDENTS WITH DISABILITIES

EDUCATIONAL RIGHTS FOR STUDENTS WITH DISABILITIES GENERAL LEGAL RIGHTS EDUCATION CHAPTER 3 Education is seen by most people as the key to opening the doors of opportunity. For people with disabilities, these doors were often closed before the enactment

More information

RSU #38 MARANACOOK AREA SCHOOLS PARENT HANDBOOK

RSU #38 MARANACOOK AREA SCHOOLS PARENT HANDBOOK RSU #38 MARANACOOK AREA SCHOOLS PARENT HANDBOOK Children can have all sorts of difficulties growing up. Sometimes, the problems are obvious right from the start; sometimes, they do not appear until the

More information

PROCEDURES MANUAL SECTION 504 OF THE REHABILITATION ACT OF 1973 AND THE AMERICANS WITH DISABILITIES ACT. Dr. Kamela Patton Superintendent of Schools

PROCEDURES MANUAL SECTION 504 OF THE REHABILITATION ACT OF 1973 AND THE AMERICANS WITH DISABILITIES ACT. Dr. Kamela Patton Superintendent of Schools PROCEDURES MANUAL SECTION 504 OF THE REHABILITATION ACT OF 1973 AND THE AMERICANS WITH DISABILITIES ACT Dr. Kamela Patton Superintendent of Schools 2014-2015 www.collierschools.com Dr. Kamela Patton Superintendent

More information

Special Education and Delinquency Cases Wendell Hutchinson Education Team Managing Attorney Disability Rights Mississippi

Special Education and Delinquency Cases Wendell Hutchinson Education Team Managing Attorney Disability Rights Mississippi Special Education and Delinquency Cases Wendell Hutchinson Education Team Managing Attorney Disability Rights Mississippi Disability Rights Mississippi (DRMS) is a private, non-profit corporation. The

More information

PART 226 SPECIAL EDUCATION SUBPART A: GENERAL

PART 226 SPECIAL EDUCATION SUBPART A: GENERAL ISBE 23 ILLINOIS ADMINISTRATIVE CODE 226 TITLE 23: EDUCATION AND CULTURAL RESOURCES : EDUCATION CHAPTER I: STATE BOARD OF EDUCATION : INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS PART 226 SPECIAL EDUCATION

More information

CHAPTER 16. SPECIAL EDUCATION FOR GIFTED STUDENTS

CHAPTER 16. SPECIAL EDUCATION FOR GIFTED STUDENTS CHAPTER 16. SPECIAL EDUCATION FOR GIFTED STUDENTS Sec. GENERAL PROVISIONS 16.1. Definitions. 16.2. Purpose. 16.3. Experimental programs. 16.4. Strategic plans. 16.5. Personnel. 16.6. General supervision.

More information

SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES

SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES Chapter 13 Information on Preschool Education Services TABLE OF CONTENTS Question Page 1. What is the federal law that requires preschool education services?...

More information

Developing IEPs in Minnesota

Developing IEPs in Minnesota 702 August 2008 Developing IEPs in Minnesota A Fact Sheet from the Minnesota Disability Law Center Notice: Minnesota Disability Law Center Fact Sheets, including this one, are intended as brief informational

More information

Traveling the Special Education Highway. A Parent s Guide to a Successful Journey. Arizona Department of Education Exceptional Student Services

Traveling the Special Education Highway. A Parent s Guide to a Successful Journey. Arizona Department of Education Exceptional Student Services Traveling the Special Education Highway A Parent s Guide to a Successful Journey Arizona Department of Education Exceptional Student Services Revised 2015 TRAVELING THE SPECIAL EDUCATION HIGHWAY The Individuals

More information

PROGRAMS FOR STUDENTS WITH DISABILITIES UNDER IDEA AND NEW YORK S EDUCATION LAW ARTICLE 89

PROGRAMS FOR STUDENTS WITH DISABILITIES UNDER IDEA AND NEW YORK S EDUCATION LAW ARTICLE 89 PROGRAMS FOR STUDENTS WITH DISABILITIES UNDER IDEA AND NEW YORK S EDUCATION LAW ARTICLE 89 The Board of Education shall make available a free appropriate public education to all students with disabilities

More information

Understanding Compliance Issues Manual RELATED SERVICES (February 2014)

Understanding Compliance Issues Manual RELATED SERVICES (February 2014) Understanding Compliance Issues Manual RELATED SERVICES (February 2014) What the law says: Related services means transportation and such developmental, corrective, and other supportive services as are

More information

What you need to know about special education for New York state students ages 3-21

What you need to know about special education for New York state students ages 3-21 A Guide to Special Education What you need to know about special education for New York state students ages 3-21 A Guide to Special Education What you need to know about special education for New York

More information

Legal Issues in Special Education relating to San Bernardino City USD January 8, 2015

Legal Issues in Special Education relating to San Bernardino City USD January 8, 2015 Legal Issues in Special Education relating to San Bernardino City USD January 8, 2015 Michael Dominguez Director Special Education/SELPA Laws that Protect Students with Disabilities IDEA Core Principals

More information

PROCEDURAL SAFEGUARDS NOTICE

PROCEDURAL SAFEGUARDS NOTICE PARENT AND CHILD RIGHTS IN SPECIAL EDUCATION PROCEDURAL SAFEGUARDS NOTICE New Mexico Public Education Department, 120 South Federal Place, Room 206, Santa Fe, New Mexico 87501 About Special Education Special

More information

Special Education. A Brief Overview for Parents

Special Education. A Brief Overview for Parents NEVADA PEP Special Education What Do I Need to Know? A Brief Overview for Parents Inside Learn About: Special Education Related Services Referral Evaluation Eligibility IEP Teams Developing the IEP Placement

More information

SWGUVKQPU"("CPUYGTU"

SWGUVKQPU(CPUYGTU SWGUVKQPU(CPUYGTU (Generated after the Allan Blume Video, August 2005) CEEQOOQFCVKQPU(OQFKHKECVKQPU S3

More information

The Special Education Referral & Identification Process. Menlo Park City School District Source: US Department of Education and

The Special Education Referral & Identification Process. Menlo Park City School District Source: US Department of Education and The Special Education Referral & Identification Process Olivia Mandilk, Director Menlo Park City School District Source: US Department of Education and Protection and Advocacy, Inc. 11/07 Step One Child

More information

Annual Public Notice of Special Education & Early Intervention Services and Programs

Annual Public Notice of Special Education & Early Intervention Services and Programs Annual Public Notice of Special Education & Early Intervention Services and Programs It is the responsibility of the Pennsylvania Department of Education to ensure that all children with disabilities residing

More information

Department of Education

Department of Education Monday, August 14, 2006 Part II Department of Education 34 CFR Parts 300 and 301 Assistance to States for the Education of Children With Disabilities and Preschool Grants for Children With Disabilities;

More information

CESD Section 504 Compliance System Forms and Procedures ***An important note about the ADA Amendments Act of 2008 (ADAAA).

CESD Section 504 Compliance System Forms and Procedures ***An important note about the ADA Amendments Act of 2008 (ADAAA). CESD Section 504 Compliance System Forms and Procedures RICHARDS LINDSAY & MARTÍN, L.L.P. 13091 Pond Springs Road, Suite 300 Austin, Texas 78729 Telephone (512) 918-0051 Facsimile (512) 918-3013 www.504idea.org

More information

Chapter 15: Section 504 of the Rehabilitation 504 Act Planof 1973

Chapter 15: Section 504 of the Rehabilitation 504 Act Planof 1973 127 Chapter 15: Section 504 of the Rehabilitation 504 Act Planof 1973 In this chapter you will: learn what is covered by Section 504 of the Rehabilitation Act of 1973 understand how to file a complaint

More information

CURRENT HOT TOPICS IN SPECIAL EDUCATION

CURRENT HOT TOPICS IN SPECIAL EDUCATION CURRENT HOT TOPICS IN SPECIAL EDUCATION What State Special Education Advisory Panel Members Need to Know 2012 -ONE- COMMON CORE CURRICULUM Forty-seven States have signed on to a national common core curriculum.

More information

Lock in Your Team: The Role of the School Nurse in Special Education

Lock in Your Team: The Role of the School Nurse in Special Education Lock in Your Team: The Role of the School Nurse in Special Education 2009 National Alliance for Medicaid in Education Thursday, October 15, 10:45 AM 12:15 PM Derby Janet Lowe, LSN, CPN, MA Lock In : To

More information

SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES

SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES Chapter 2 Information on Evaluations/Assessments TABLE OF CONTENTS Question Page 1. How can I get the school district to evaluate or assess my child?... 1

More information

Special Education Rights. A Handbook for Maryland Families and Professionals

Special Education Rights. A Handbook for Maryland Families and Professionals Special Education Rights A Handbook for Maryland Families and Professionals i MARYLAND DISABILITY LAW CENTER The Maryland Disability Law Center (MDLC) is a private, non-profit law firm. MDLC is designated

More information

Eligibility, and Individualized Education Program (IEP) Process in Maryland

Eligibility, and Individualized Education Program (IEP) Process in Maryland A Guide For Parents of Students With Disabilities Understanding the Evaluation, Eligibility, and Individualized Education Program (IEP) Process in Maryland Maryland State Department of Education Division

More information

Houston County Schools. Policy Regarding Homebound Services (Updated 2013)

Houston County Schools. Policy Regarding Homebound Services (Updated 2013) Houston County Schools Policy Regarding Homebound Services (Updated 2013) 1 Superintendent Date: 2 Houston County Schools Policy Regarding Homebound Services In accordance with School Board Policy, Houston

More information

EDUCATION RELATED EDUCATIONAL INTERVENTION: EVALUATION, EDUCATION AND THE LAW

EDUCATION RELATED EDUCATIONAL INTERVENTION: EVALUATION, EDUCATION AND THE LAW National(Association(of(Pediatric(Nurse(Practitioners,(April(2013 EDUCATION RELATED EDUCATIONAL INTERVENTION: EVALUATION, EDUCATION AND THE LAW Once a pediatric healthcare provider recommends that a child

More information

SPECIAL EDUCATION Frequently Asked Questions (FAQs)

SPECIAL EDUCATION Frequently Asked Questions (FAQs) TABLE OF CONTENTS Special Education Evaluation and Eligibility 1. What is Special Education?... 3 2. What is IDEA (Individuals with Disabilities Education Act)?... 3 3. What can parents do when they suspect

More information

Part B PROCEDURAL SAFEGUARDS NOTICE

Part B PROCEDURAL SAFEGUARDS NOTICE Part B PROCEDURAL SAFEGUARDS NOTICE New York State Education Department PROCEDURAL SAFEGUARDS NOTICE Rights for Parents of Children with Disabilities, Ages 3-21 As a parent, you are a vital member of the

More information

DISCIPLINE OF THE 504 STUDENT

DISCIPLINE OF THE 504 STUDENT DISCIPLINE OF THE 504 STUDENT Change of Placement Rule: A 504 child s removal from the normal placement for more than ten (10) days constitutes a change in placement, which generally is defined as a material

More information

What is Special about Special Education? Who Benefits from Special Education?

What is Special about Special Education? Who Benefits from Special Education? WHAT IS SPECIAL EDUCATION? SPECIAL EDUCATION: What is Special about Special Education? Who Benefits from Special Education? Parent Education Network 2107 Industrial Hwy York, PA 17402 800-522-5827 www.parentednet.org

More information

Procedures for Review of Existing Evaluation Data (REED) and Development of an Evaluation Plan April 2009

Procedures for Review of Existing Evaluation Data (REED) and Development of an Evaluation Plan April 2009 Procedures for Review of Existing Evaluation Data (REED) and Development of an Evaluation Plan April 2009 revised 11/09 State Board of Education Kathleen N. Straus, President John C. Austin, Vice President

More information

RIGHTS OF MASSACHUSETTS YOUTH REGARDING SPECIAL EDUCATION DISPUTES. Prepared by the Mental Health Legal Advisors Committee June 2012

RIGHTS OF MASSACHUSETTS YOUTH REGARDING SPECIAL EDUCATION DISPUTES. Prepared by the Mental Health Legal Advisors Committee June 2012 RIGHTS OF MASSACHUSETTS YOUTH REGARDING SPECIAL EDUCATION DISPUTES Prepared by the Mental Health Legal Advisors Committee June 2012 How can parents and schools resolve disputes regarding anything other

More information

Related Services: How Do Special Needs Education Relate to Your Child?

Related Services: How Do Special Needs Education Relate to Your Child? Related Services: How Do Special Needs Education Relate to Your Child? Family Driven Non-Profit 501(c)3 What makes FND unique is that the majority of our Board of Directors, all of our Management Staff

More information

SPECIAL EDUCATION RIGHTS OF PARENTS AND CHILDREN UNDER FEDERAL AND STATE REQUIREMENTS

SPECIAL EDUCATION RIGHTS OF PARENTS AND CHILDREN UNDER FEDERAL AND STATE REQUIREMENTS SPECIAL EDUCATION RIGHTS OF PARENTS AND CHILDREN UNDER FEDERAL AND STATE REQUIREMENTS The Individuals with Disabilities Education Act Amendments of 1997 (IDEA 97) is a federal special education law that

More information

ARKANSAS DEPARTMENT OF EDUCATION SPECIAL EDUCATION AND RELATED SERVICES 18.00 REGULATIONS GOVERNING RESIDENTIAL PLACEMENT. Rev.

ARKANSAS DEPARTMENT OF EDUCATION SPECIAL EDUCATION AND RELATED SERVICES 18.00 REGULATIONS GOVERNING RESIDENTIAL PLACEMENT. Rev. ARKANSAS DEPARTMENT OF EDUCATION SPECIAL EDUCATION AND RELATED SERVICES Rev. January 2013 2014 18.01 REGULATORY AUTHORITY 18.01.1 These regulations shall be known as Arkansas Department of Education regulations

More information

Special Education: What Do I Need to Know? A Brief Overview for Parents

Special Education: What Do I Need to Know? A Brief Overview for Parents Special Education: What Do I Need to Know? A Brief Overview for Parents 2007, PACER Center Technical Assistance ALLIANCE for Parent Centers National Technical Assistance Center at PACER Center 8161 Normandale

More information

Special Education Procedural Safeguards

Special Education Procedural Safeguards Special Education Procedural Safeguards Rights for Parents and Children School District of For more information or questions regarding your child s special education services contact: Director of Special

More information

Advocating for Services: How a Parent Can Access a Special Education Program, Special Education Teacher Support Services and/or Related Services

Advocating for Services: How a Parent Can Access a Special Education Program, Special Education Teacher Support Services and/or Related Services Advocating for Services: How a Parent Can Access a Special Education Program, Special Education Teacher Support Services and/or Related Services Applied Behavioral Counseling Applied ABC Presented by Joan

More information

Notice of Special Education Procedural Safeguards for Students and Their Families

Notice of Special Education Procedural Safeguards for Students and Their Families Special Education A service, not a place. Notice of Special Education Procedural Safeguards for Students and Their Families Requirements under Part B of the Individuals with Disabilities Education Act,

More information

WHAT HAPPENS IF MY CHILD IS HAVING TROUBLE LEARNING IN SCHOOL?

WHAT HAPPENS IF MY CHILD IS HAVING TROUBLE LEARNING IN SCHOOL? TABLE OF CONTENTS INTRODUCTION... 1 WHAT HAPPENS IF MY CHILD IS HAVING TROUBLE LEARNING IN SCHOOL?... 2 STEPS TO GETTING SERVICES... 3 ANSWERS TO FREQUENTLY ASKED QUESTIONS... 9 REQUEST FOR ASSISTANCE...

More information

High School to College Transition for Students with Specific Learning Disabilities. Best Practice Documentation Guidelines for Secondary Educators

High School to College Transition for Students with Specific Learning Disabilities. Best Practice Documentation Guidelines for Secondary Educators High School to College Transition for Students with Specific Learning Disabilities Best Practice Documentation Guidelines for Secondary Educators The following document was developed by a group of secondary

More information

SPECIAL EDUCATION POLICIES AND PROCEDURES MANUAL

SPECIAL EDUCATION POLICIES AND PROCEDURES MANUAL SPECIAL EDUCATION POLICIES AND PROCEDURES MANUAL Los Angeles Unified School District July 2007 COMMODITY CODE 966 121 8565 Page 1 of 358 PUBLISHED BY LOS ANGELES UNIFIED SCHOOL DISTRICT DIVISION OF SPECIAL

More information

Chapter 12: Private Schools

Chapter 12: Private Schools 113 Chapter 12: Private Schools In this chapter you will: learn the definition of private school find out the rights and responsibilities of schools and parents in private schools 114 Overview of Private

More information

Part B PROCEDURAL SAFEGUARDS NOTICE

Part B PROCEDURAL SAFEGUARDS NOTICE Part B PROCEDURAL SAFEGUARDS NOTICE New York State Education Department PROCEDURAL SAFEGUARDS NOTICE Rights for Parents of Children with Disabilities, Ages 3-21 As a parent, you are a vital member of the

More information

Educational Programs for Students in "Non-Educational" Placements

Educational Programs for Students in Non-Educational Placements Educational Programs for Students in "Non-Educational" Placements 22 Pa. Code Section 14.102 (a)(2)(xiii) DATE OF ISSUE: September 1, 1997 DATE OF REVIEW: May 2010 PURPOSE The purpose of this Basic Education

More information