6/30/2016. Questions for today. The General Education Teacher s Guide to Individual Education Plans (IEP) and 504 Plans

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1 The General Education Teacher s Guide to Individual Education Plans (IEP) and 504 Plans Gwen Deeter, Education Specialist California Department of Education State Special Schools Division Diagnostic Center, Central California Questions for today 1. What is an Individual Education Plan (IEP) and how do students qualify? 2. What is a 504 Plan and how do students qualify? 3. How do these Plans differ? 4. How do general education teachers serve students under these Plans? ADA, IDEA, Section 504 Americans with Disabilities Act (ADA) Protects all individuals with No safeguards regarding special education disabilities No direct FAPE requirement Covers most establishments including privately owned and state funded Civil Rights Law No evaluations or placements Does not ensure individuals an IEP No protections if suspended from school not based on disability All related to Fewer rights than students with IEP Federal funding is available special education Covers establishments that receive federal financial assistance Federal Special Education Law FAPE Requires IEP Individuals with Section 504 of the Rehabilitation Act of 1973 Disabilities Act 2004 (IDEA) Requires impartial hearings for parents who disagree with LRE identification, evaluation and placement Children must have a physical or mental impairment Disability must impact academic performance 13 disabilities covered No federal funding 1

2 What is an Individual Education Plan (IEP)? What is it? A written statement of the educational program designed to meet a student s individual needs. Every student who receives special education services must have an IEP. What is the IEP s purpose? The IEP has two general purposes: To set reasonable learning goals for a student, and To state the services that the school district will provide for the student. Who develops the IEP? The IEP is developed by a team of individuals that includes the child s parents, general education teacher, special education teacher, school administrator, school psychologist, and others as appropriate to the needs of the child. The team meets, reviews the assessment information available about the child, and designs an educational program to address the child s educational needs that result from his or her disability. When is the IEP developed? An IEP meeting must be held within 30 calendar days after it is determined, through a full and individual evaluation, that a child has one of the 13 disabilities and needs special education and related services. A child s IEP must also be reviewed at least annually thereafter to determine whether the annual goals are being achieved and must be revised as appropriate. What is in an IEP? Each child s IEP must contain specific information, as listed within IDEA, our nation s special education law. This includes (but is not limited to): the child s present levels of academic achievement and functional performance, describing how the child is currently doing in school and how the child s disability affects his or her involvement and progress in the general curriculum annual measurable goals that 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 meet the child s other educational needs that may result from their disability how the child s progress toward meeting annual goals will be measured and when periodic reports on the child s progress will be reported the special education and related services to be provided to the child, including program modifications or supports for school personnel that will be provided to enable the child to: advance appropriately toward attaining the annual goals be involved in and make progress in the general education curriculum and to participate with other children with and without disabilities in extracurricular and other nonacademic activities 2

3 how much of the school day the child will be educated separately from nondisabled children or not participate in extracurricular or other nonacademic activities such as lunch or clubs statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on state and districtwide assessments if the IEP Team determines that the child must take an alternate assessment instead of a particular regular state or districtwide assessment of student achievement, a statement of why they cannot and the appropriate alternate assessment how (and if) the child is to participate in state and district-wide assessments, including what modifications to tests the child needs when services and modifications will begin, how often they will be provided, where they will be provided, and how long they will last beginning not later than age 16 or before as determined by the IEP team, appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and where appropriate, independent living skills How do students qualify for an IEP? Educators can refer students who are not progressing in the general education program and have demonstrated learning problems for an evaluation based on data, documentation, and observation. A parent can also ask the school district for an evaluation if they feel their child is not progressing in the general education by submitting a written request (referral). A child can not be evaluated unless a parent provides consent in writing. When the school district receives the consent, timelines and the assessment process begin Tests may be administered to assist in determining a child's learning profile and present levels of academic and functional performance. No single test may be used to identify a disability. Information will be gathered from a variety of sources about a child's functioning and development. It looks at the child's strengths and needs. An evaluation also includes other information such as medical information, interviews with parents and school staff, observations across school settings, and informal data. Evaluation is completed in all areas of suspected disability. The information gathered through evaluation is used to determine whether a child has a disability as determined by the IEP team. A child cannot receive special education without an evaluation and must meet criteria for one (or more) of the 13 disabling conditions. 3

4 California Department of Education Special Education Special education services in California were provided to 717,961 individuals, newborn through twenty-two years of age, in Schools in California provide specially designed instruction, at no cost to parents, to meet the unique needs of children with disabilities. This instruction is provided in a variety of settings that allow infants and their families, preschoolers, students, and young adults to be educated with their peers as much as possible; that is, in the least restrictive environment (LRE). Special education services are available in a variety of settings, including day-care settings, preschool, regular classrooms, classrooms that emphasize specially designed instruction, the community, and the work environment. Home/ Hospital Instruction Non-Public Residential Special Day Class (severe) Center Based Special Day Class (severe) Integrated Site Special Day Class (non-severe) General Education with pull-out support (Direct services such as, RSP, Speech, APE,) General Education with push-in support or consult 4

5 13 Disabling Conditions (Numbers in CA for ) Intellectual disabilities: 43,750 Speech or language impairment: 160,071 Visual impairment: 3,864 Emotional disturbance: 24,214 Orthopedic impairment: 12,293 Other health impairment: 76,122 Specific learning disability: 284,196 Deafness: 3,531 Hard of hearing: 10,325 Deaf-blindness: 116 Multiple disabilities: 6,435 Autism: 90,794 Traumatic brain injury: 1,744 Samples of IEPs What is a 504 Plan? What is it? A 504 plan, which refers to Section 504 of the Rehabilitation Act of 1973, is an attempt to remove barriers and allow students with disabilities to participate freely in both public elementary and secondary education. It seeks to level the playing field so that those students can safely pursue the same opportunities as everyone else. What is Section 504 of the Rehabilitation Act of 1973? Section 504 is a civil rights law which protects individuals who have a disability against discrimination. If a child has a disability, they cannot be kept from participating in school activities, excluded from benefits, or experience any other type of discrimination. It applies to all programs and activities that received federal financial assistance including public schools, colleges and universities as well as certain employers, state and local government programs and places of public accommodations (such as public libraries). The law does not provide funding for special education or related services, but it does permit the federal government to take funding away from programs that do not comply with the law. 5

6 What is the connection between Section 504 and Americans Disability Act (ADA)? Both are civil rights laws that protect individuals with disabilities from discrimination. ADA Amendments Act of 2008 (ADAAA) expanded coverage of Section 504. More students may now qualify as persons with disabilities entitled to protection from discrimination based on their disabilities. Who determines placement and develops the 504 Plan? According to federal regulations: placement decisions are to be made by a group of persons who are knowledgeable about the child, the meaning of the evaluation data, placement options, least restrictive environment requirements, and comparable facilities {34 C.F.R (3)} The 504 team may consist of an individual designated by administration to manage the 504 caseload (not assigned to special education personnel). Other members may include the child s parents, the general education teacher, administrator, and other relevant members as determined by the child s needs. When is the 504 Plan developed? 1. A 504 Plan is used when a student with a disability does not require special educational services, but could still benefit from classroom accommodations within regular education settings. 2. When a concern is raised about a child due to a documented or suspected medical condition that does not impact academic, social or emotional skills: Refer to Section 504 team for an evaluation Determine whether child is eligible for a Section 504 accommodation plan If eligible and there is a need, develop accommodation plan If eligible but there is no need for an accommodation plan, the child must still be protected from discrimination. 3. When a concern is raised about a child that does impact academic, social, or emotional skills. School wide tiered interventions in place. If child is successful, student returns to Tier I instruction If not successful, refer to Student Support Team to determine need for special education evaluation If student is evaluated and eligible for special education services, IEP is developed. If student is not eligible for special education services, IEP team determines if referral for Section 504 evaluation is necessary. Section 504 team determines if additional evaluation data is needed. If eligible for Section 504, develop an accommodation plan. If not, must still ensure student is protected from discrimination. 6

7 What is in a 504 Plan? A free and appropriate education (FAPE) must be made available to all qualified students with a disability. Each child s needs are determined individually. Determination of what is appropriate for each child is based on the nature of the disabling condition and what that child needs in order to have an equal opportunity to compete educationally when compared to non-disabled peers. Each school district is responsible for developing Section 504 plans. Accommodations and modifications may be considered. The Plan may include, but is not limited to, student information, team participants, information relating to the disability, and student accommodation plan. Sample Unified School District Individualized 504 Plan /96 Date Page of Student Name School Grade Teacher(s)/Class(es) Case Manager Area(s) of Difficulty Accommodation Plan (Actions, Strategies, Modifications) Person Responsible Who When Comments cc: All Serving Teachers Distribution: WHITE - Cumulative File YELLOW - Parent PINK - Site 504 Coordinator GOLD - District Office How do students qualify for a 504 Plan? Or What is a disability under Section 504? Students who have any disability, long-term illness, or various disorder that substantially limits (reduces or lessens) a student s ability to access learning in the educational setting because of a learning, possibly behavior, or health related condition. A physical or mental impairment does not constitute a disability for the purposes of Section 504 unless its severity is such that it results in a substantial limitation of one or more major life activities. Conditions or disorders of many students are not obvious or observable to others and may include conditions such as specific learning disabilities, diabetes, epilepsy and allergies. Hidden disabilities such as low vision, hearing difficulties, heart disease and chronic illness may not be apparent but if they substantially limit the child s ability to receive an appropriate education as defined by Section 504, they may be considered to have a disability under this federal law. 7

8 What are major life activities? Major life activities under Section 504 include, but are not limited to: self-care, manual tasks, seeing, speaking, sitting, thinking, learning, breathing, interacting with others, and working. Expanded (ADAAA, 2008) to include the life activities of: reading, concentrating, standing, lifting, bending, etc. Under the broadened scope provided by ADAAA, 2008, this may include individuals with ADHD, dyslexia, cancer, diabetes, severe allergies, chronic asthma, Tourette s syndrome, digestive disorders, cardiovascular disorders, depression, chronic behavior disorders and drug use after rehabilitation (not illegal drugs or alcohol). Conditions that are episodic or in remission may also be covered if they create a substantial limitation in one or more major life activity while they are active. Therefore, an eligible student under Section 504 is a student who has: A. A physical or mental disability, B. Has a record of such disability, or C. Is regarded as having such disability which substantially limits one or more major life activities which include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. (Notice of Parent and Students Rights under Section 504 of the Rehabilitation Act of 1973) What types of accommodations may be considered? Each child s needs are determined individually based on nature of the disabling condition. No guarantee of A or B grades or even that the student will not fail. Students are still expected to participate and perform in school. Students can still be disciplined in same manner as other students as long as it is non-discriminatory. Ultimate goal of education for all students, with or without disabilities, is to give students the knowledge and compensatory skills they will need to be able to function in life after graduation. 8

9 IEP vs. 504 Plan Basic Description What It Does What Law Applies IEP A blueprint or plan for a child s special education experience at school. Provides individualized special education and related services to meet the unique needs of the child. These services are provided at no cost to parents. The Individuals with Disabilities Education Act (IDEA) 504 Plan A blueprint or plan for how a child will have access to learning at school. Provides services and changes to the learning environment to meet the needs of the child as adequately as other students. As with IEPs, a 504 plan is provided at no cost to parents. Section 504 of the Rehabilitation Act of 1973 This is a federal special education law for children with disabilities. Who Is Eligible To get an IEP, there are two requirements: 1. A child has one or more of the 13 specific disabilities listed in IDEA. Learning and attention issues may qualify. 2. The disability must affect the child s educational performance and/or ability to learn and benefit from the general education curriculum. This is a federal civil rights law to stop discrimination against people with disabilities. To get a 504 plan, there are two requirements: 1. A child has any disability, which can include many learning or attention issues. 2. The disability must interfere with the child s ability to learn in a general education classroom. Section 504 has a broader definition of a disability than IDEA. That s why a child who doesn t qualify for an IEP might still be able to get a 504 plan. Independent Educational Evaluation Parents can ask the school district to Doesn t allow parents to ask for an pay for an independent educational IEE. As with an IEP evaluation, evaluation (IEE) by an outside parents can always pay for an outside expert. The district doesn t have to evaluation themselves. agree. Who Creates the Program/Plan Parents can always pay for an outside evaluation themselves, but the district may not give it much weight. There are strict legal requirements about who participates. An IEP is created by an IEP team that must The rules about who s on the 504 team are less specific than they are for an 9

10 General Education Teacher Responsibilities as Team Member 504 Knowledgeable in the requirements of Section 504 Provide relevant observations and progress data. Know student s strengths and weaknesses. Contribute to plan development and make recommendations regarding appropriate supports. Document implementation of Section 504 Plan. Follow the 504 Plan which may include; Supports; services; technology; physical accommodations; modifications; accommodation in scheduling, testing or instruction, etc. Training for medical/health management if required by the individual plan. IEP Knowledgeable regarding student s IEP Be able to discuss; student s present levels of performance; strengths and needs; educational goals; academic or social behaviors that interfere with student s learning Contribute to plan development and make recommendations regarding appropriate accommodations and modifications Provide relevant data/measurements to determine whether progress is being made Work collaboratively with parents, special educators, specialists, service providers, etc. Strategies to support students with disabilities Common Core State Standards: Application to Students with Disabilities In order to participate with success in the general curriculum, students with disabilities, as appropriate, may be provided additional supports and services such as: Instructional supports for learning based on the principles of Universal Design for Learning (UDL) which foster student engagement by presenting information in multiple ways and allowing for diverse avenues of action and expression. Instructional accommodations changes in materials or procedures which do not change the standards but allow students ot learn within the framework of the Common Core. Assistive technology devices and services to ensure access to the general education curriculum and the Common Core State Standards. IDEA, 34 CFR (a) The IRIS Center. (2009). Universal Design for Learning: Creating a Learning Environment that Challenges and Engages All Students. Retrieved from 10

11 Free Appropriate Public Education for Students With Disabilities: Requirements Under Section 504 of The Rehabilitation Act of National Center on Universal Design for Learning UDL Wheel UDL Toolkit Quick Guide: The General Educator and Section 504 Issues /quickguide504pdf.ashx Questions that General Education Teachers Frequently ask About Special Education The IRIS Center is a national center dedicated to improving education outcomes for all children, especially those with disabilities birth through age twenty-one, through the use of effective evidence-based practices and interventions. A Parent s guide to Section 504 in schools on-504-2/ A Guide to the Individual Education Program epguide/index.html 11