Special Education

Educational Rights for Children with Disabilities
There are two main laws protecting students with disabilities:

1. The Individuals with Disabilities Education Act of 1997 (IDEA).
2. Section 504 of the Rehabilitation Act of 1973.

IDEA is a special education law. Section 504 is a civil rights statute. Both laws guarantee to qualified students a free and appropriate public education (FAPE) and instruction in the least restrictive environment (LRE), which means with non-disabled peers and to the maximum extent appropriate to their needs.

IDEA

Who Is Eligible?
IDEA strongly emphasizes providing special education and related services that enable students to access and progress in the general education program. Eligibility criteria under this category require that the child has a chronic or acute health problem causing limited alertness to the educational environment (due to heightened alertness to environmental stimuli) that, in turn, results in an adverse effect on the child's educational performance to the degree that special education is needed.

Note: The adverse effect on educational performance is not limited to academics, but can include impairments in other aspects of school functioning, such as behavior.

How Does a Student Access Services Under IDEA?

• Parents or school personnel may refer a child by requesting an evaluation to determine eligibility for special education and related services. It is best to put this request in writing.
• Within a limited timeframe, the school's multidisciplinary evaluation team, addressing all areas of the child's difficulties, develops an assessment plan.
• After parents or guardians consent to the assessment plan, the child receives a comprehensive evaluation by a multidisciplinary team of school professionals.
• After the evaluation, an Individualized Education Program (IEP) meeting is scheduled with the team, including parents, teachers, special education providers, the school psychologist or educational evaluator, a school system representative and the student (as appropriate).

Based on the results of the evaluation, as well as input provided by the parents and other team members, the team decides whether the child meets eligibility criteria for special education under one of the categories defined by IDEA. An IEP is developed and written for qualifying students through a collaborative team effort. It is designed to address the educational needs of the student.

The IEP goes into effect once the parents agree to and sign the plan. The IEP must address the following:

• Present levels of educational performance, including how the child's disability affects his or her involvement and progress in the general curriculum
• Description of all special education and related services, modifications (if any) and supports to be provided to the child or on behalf of the child
• Annual goals and measurable, short-term objectives/benchmarks
• The extent (if any) to which the child will not participate with children in the regular class and other school activities
• Modifications (if any) in the administration of statewide and districtwide tests the child will need to participate in those assessments
• Details that specify when, where, how often and by whom services will be provided.

What Happens after the IEP Is Written?

1. Services are provided. These include all programs, supplemental aids, program modifications and accommodations described in the IEP.
2. Progress is measured and reported to parents. Parents are informed of progress toward IEP goals during the year and an annual IEP review meeting is required.
3. Students are reevaluated every three years, or sooner if deemed necessary, by the team or on parent/teacher request.

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Section 504 of the Rehabilitation Act of 1973

Who Is Eligible?
Section 504 is a federal civil rights statute that:

• Protects the rights of people with disabilities from discrimination by any agencies receiving federal funding (including public schools)
• Applies to students with a record of (or who are regarded as having) a physical or mental impairment that substantially limits one or more major life functions, including learning
• Is intended to provide students with disabilities equal access to education and equal opportunities to learn as their non-disabled peers.

Students with disabilities may be protected under Section 504 of the Rehabilitation Act of 1973 even if they do not meet eligibility criteria under IDEA for special education. To determine eligibility under Section 504, the school is required to perform an assessment. This evaluation typically is much less extensive than that conducted for the IEP process.

How Does a Student Access Services Under Section 504?
Parents or school personnel may refer a child by requesting an evaluation to determine eligibility for a 504 plan. It is best to put this request in writing. Note: Parents may request that the school conduct an evaluation to determine if the child is eligible under either IDEA or Section 504 for special education or related services.

If the school determines the child's disability does significantly limit his or her learning, the child would be eligible for a 504 plan designating:

• Reasonable accommodations in the educational program
• Related aids and services, if deemed necessary.

What Happens after the 504 Plan Is Written?
The implementation of a 504 plan typically falls under the responsibility of general education, not special education. A few sample classroom accommodations may include:

• Tailored homework assignments
• Extended time for testing
• Preferential seating
• Verbal instructions supplemented with visual instructions
• Organizational assistance
• Use of behavioral management techniques
• Modified test delivery.

Which One Is Right for the Student-a 504 Plan or an IEP?
This is a decision the team (parents and school personnel) must make considering eligibility criteria and the specific needs of the student.

For students with disabilities who have more significant school difficulties, an IEP usually is preferable because:

• It provides for a more extensive evaluation
• Specific goals, short-term objectives and regular monitoring for progress are key components of the IEP
• A much wider range of program options, services and supports is available
• Funding is provided for programs and services (Section 504 is non-funded)
• It provides more protections (procedural safeguards, monitoring, regulations) with regard to evaluation, frequency of review, parent participation, disciplinary actions and other factors
• IEPs must include positive behavioral supports/interventions for students having behavioral difficulties.

A 504 plan would be preferable for:

• Students who have milder impairments and don't need special education. A 504 plan is a faster, easier procedure for obtaining accommodations and supports.
• Students whose educational needs can be addressed through adjustments, modifications and accommodations in the general curriculum/classroom.

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