Special Education, Section 504 and Lots of Other Stuff

1
Special Education, Section 504 and Lots of Other
Stuff

• Presented by
• Dr. Winona Anderson and Sandy Majchrzak

2
Introductions

• Dr. Winona Anderson
• Worked in schools for 29 years before retiring,
  27 of which was in the Waynesville School
  District
• Paraprofessional
• Teacher
• Counselor
• School Psychological Examiner
• Special Education Administrator
• Taught classes for Lindenwood University and
  Drury University
• Worked at South Central RPDC since June, 2007

3
Todays Norms and Expectations

• Be an ACTIVE Learner
• Be Responsible for your Own Learning
• Ask Questions

4
Focusing on Six Main Topics

• Confidentiality Issues
• Special Education Process
• Section 504 Accommodation Plans
• Differentiated Learning Styles
• Changes in IDEA 2004
• School Improvement Monitoring

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Confidentiality

• Can you keep a secret???

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Confidentiality

• Information about students at school is
  protected by the Family Educational Rights and
  Privacy Act (FERPA)

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Family Educational Rights and Privacy Act (FERPA)

• Federal law that requires school districts to
  keep information in student education records
  confidential
• Applies to all school district personnel and
  Board of Education.
• Information contained in student education
  records may not be disclosed without written
  permission

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Education Record

• An education record is information about an
  identifiable student that is maintained in any
  form by the school district.
• This includes handwritten records, pictures,
  electronic documents, etc.
• A person is liable if he/she discloses
  information that is protected

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Examples of Education Records

• Emergency cards
• E-mails
• Photographs
• Grade cards
• Individual Assignment Grades
• Discipline records or referrals
• Suspension/Detention List
• Evaluation Reports
• IEP records

• Videotapes
• Surveillance tapes
• Videotapes of student performances
• Audiotapes of student performances
• Attendance records
• Cafeteria Accounts
• Library Fines or Overdue Book Lists
• Records of Test Scores

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Disclosure of Education Records

• Education records are disclosed when information
  from the record is shared with another person in
  any way.
• Sharing includes verbal, showing, faxing,
  e-mailing, etc.

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Parents have rights. . .

• To view the contents of the educational record
• To have a copy of the contents of the educational
  record
• Be sure to assure that a parent is a parent

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Disability and Medical Information

• Additional laws govern the release of disability
  and medical information. The laws include
• Individuals with Disabilities Education Act
  Section 504 of the Rehabilitation Act
• Americans with Disabilities Act
• Health Insurance Portability and
  Accountability Act (HIPAA)

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Disability and Medical Information

• Medical or disability information is confidential
  and may only be disclosed to school employees or
  school officials who have a need to know the
  information.
• Few people actually have a need to know about a
  students disability or medical information.
• Staff have a need to know if the information is
  necessary to protect or effectively serve
  students.
• The district leadership determines who has a need
  to know information.

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Practical applications of FERPA

• Confidentiality is extremely important,
  particularly in special education
• Discussions about students should occur in a
  confidential manner and locationnot hallways,
  social events, ball games, etc.
• Confidential information can be subpeonaed by a
  judge/court

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Remember. . .

• Share information on a need to know basis with
  only those who have proper authorization
• When in doubt, dont give it out!

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Special Education Process

• All you ever wanted to know
• . . . and more!

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What is the difference?

• Disability?
• Handicap?
• Educational Disability?

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Disability or a handicap? They are not the same.

• A disability is a loss which affects the persons
  ability to walk, hear, talk, learn, etc.
• Disability loss
• A loss is not always handicapping
• A handicap describes a situation, loss, or
  barrier imposed by society, the environment, or
  oneself which limits a person in some way
• Handicap limitation

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Educational Disability

• An educational disability
• A disability (a loss) which
• Adversely affects LEARNING to a significant
  degree
• Determine eligibility for special education
  services

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Not all qualify for special education services. .
.

• They have not met the eligibility criteria to
  have an educational disability
• Outlined in the Special Education Compliance
  Program Review Standards and Indicators
• Some students may qualify for a Section 504 plan
  if they do not qualify for an IEP
• Section 504 Accommodation Plans will be discussed
  a bit later

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Special Education Compliance Plan

• Your principal (or designee) should have a copy
  of the district Special Education Compliance Plan
  in their office
• Contains all of the information in the special
  education process
• Can download Standards and Indicators from DESE

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How many exceptional children are in a normal
population?

• 10-12 will qualify for special ed services
• 1-3 will qualify for Section 504
• 1-3 gifted

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Step 1 in the Special Education Process

• Screen Students who are having difficulty
• Determine who is having learning problems
• Check the records
• Check for physical problems
• Vision
• Hearing
• Health

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Step 2

• Talk to the parents
• Show concern
• Ask about the students previous experiences in
  school
• Have there been frequent moves?
• What is the academic history of the child?
• Ask if they know of ways to help

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Step 3

• Alternative Interventions Strategies
• Try many interventions and document results
• Talk to senior-level teachers
• Get ideas from them
• Implement their suggestions

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Step 4

• If little or no progress is made, it is time to
  seek help from the Student Assistance Team
• The teacher will need to complete some forms
• Have your screening information available
• Know which interventions have been attempted and
  the result of each

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Step 4 Review of Current Information/Referral
for Evaluation

• Its a Team Decision
• Decisions to move into evaluation or not to move
  into evaluation is a team decision
• The team may provide additional suggestions for
  the teacher to try before moving into evaluation
• The classroom teacher is a REQUIRED member of the
  team

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Step 5 Moving into Assessment

• The team may refer the student for individualized
  testing
• Your school district has personnel who conducts
  evaluations.
• Do you know who that personnel is in your school
  district?

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Eligibility Criteria

• The state has developed eligibility criteria for
  each of the sixteen categories
• The student must meet a specific eligibility
  category to be considered for special education
  services

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Step 6 Staffing Meeting

• Review Assessment
• The team determines if the student meets at least
  one of the eligibility criteria for an
  educational disability
• The team determines if the student may benefit
  from special education services

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Step 7 IEP Meeting

• If the child qualifies for special ed services,
  the team develops an IEP
• The classroom teachers input is invaluable in
  writing a successful program for the student
• If the student needs special education services,
  a placement form is signed by the parent after
  the IEP is developed

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The responsibility goes on. . .

• Most special education students, ages 6-21, will
  be educated in the general education setting at
  least 80 of each school day
• Often, the student will be in the regular
  classroom with modifications or accommodations

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Modifications vs Accommodations

• Modifications change the intent of the assignment
• Accommodations level the playing field allowing
  the student to do the same assignment as peers,
  with support

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Accommodations

• Practices and procedures in the areas of
  presentation, response, setting, and
  timing/scheduling that provide equitable
  instructional and assessment access for students
  with disabilities.
• Accommodations reduce or eliminate the effects of
  a students disability and do not reduce learning
  expectations.

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Accommodations

• Give support but do not change the curriculum
• All students can benefit from accommodations
• All students need accommodations from time to time

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Examples of Accommodations

• Make use of nonverbal signals to cue students
  prior to transitions or to focus on teachervary
  the tone of voice
• Increase teacher proximity to student
• Provide preferential seatingput distractible
  students with well-focused students
• Increase physical and/or visual prompting of
  student
• Keep brevity in mind
• Provide earphones for students to reduce auditory
  distractions as appropriate
• Provide more physical work space
• Have students clear desk of distractors

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Modifications

• Changing, lowering, or reducing learning or
  assessment expectations
• May result in implications that could adversely
  affect a student throughout that individuals
  educational career
• Examples include
• Requiring a student to learn less material
• Revising assignments or tests to make them easier

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Remember. . .

• Modifications change the curriculum to fit the
  students learning level
• Modifications restrict students from learning
  material necessary to pass end of course tests
• Modifications must be specified and required by
  the IEP

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Examples of Modifications

• Lessen the length of the assignment
• Test content knowledge, not spelling or ability
  to read
• Do not require oral reading
• Assign a project instead of a test

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Any questions about. . .

• Disability vs Handicap
• Special Education Process
• Accommodations and Modifications

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Section 504

• What is a Section 504 Accommodation Plan?

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So what is Section 504?

• Federal Legislation passed in 1973
• First significant federal legislation to prohibit
  discrimination against individuals with
  disabilities
• Applicable to any program or activity receiving
  Federal financial assistance
• Includes public schools

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What does it say?

• No otherwise qualified individual with a
  disability. . .shall solely by reason of his or
  her disability, be excluded from the
  participation in, be denied the benefits of, or
  be subjected to discrimination under any program
  or activity receiving Federal financial
  assistance.

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What does that mean?

• Any person that has a disability from the ages of
  birth to death (students, parents, or employees)
  may not be excluded from any activities or
  opportunity because of their disability

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Isnt that what IDEA does already?

• The coverage of Section 504 is broader than the
  coverage under IDEA

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Section 504 or IDEA?

• Students who qualify for IDEA are protected under
  Section 504 also

General Population
504
IDEA
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Major differences between IDEA and Section 504

• IDEA
• Individualized Education Programs (IEPs)
• Educationally Disabled
• Ages 3-21
• Adaptations
• 13 Categories
• Partially funded
• Mediation3 person hearing panelstate/federal
  court
• Requires the need for special ed services

• Section 504
• Section 504 Accommodation Plans
• Handicapped
• Birth to death
• Accommodations
• Many ways to qualify
• Not funded
• Hearing officer-Office of Civil Rights-Federal
  Court
• Does not require a need for special ed services

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Definition of a Handicap according to Section 504

• Under Section 504, a person is considered to be
  handicapped if that person
• Has a physical or mental impairment which
  substantially limits one or more of that persons
  major life functions
• Has a record of such as impairment
• Is regarded as having such an impairment

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A physiological or physical impairment is defined
as

• Any physiological or physical disorder or
  condition, cosmetic disfigurement, or anatomical
  loss affecting one or more of the body systems

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Mental or psychological impairment includes. . .

• Mental retardation, organic brain syndrome,
  emotional or mental illness, or specific learning
  disabilities

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Major life activities

• Functions such as caring for ones self,
  performing manual tasks, or performing basic
  skills the average person in the general
  population can do

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Examples of Major Life Functions

• Learning
• Working
• Talking
• Seeing
• Hearing
• Speaking

• Walking
• Standing
• Sitting
• Reaching
• Stooping
• Breathing

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Has a record of such an impairment. . .

• Means having a history of, or has been
  misclassified as having, a mental or physical
  impairment that substantially limits one or more
  major life activity.

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Is regarded as having an impairment

• A physical or mental impairment that does not
  substantially limit major life activities but
  that is treated by a recipient as constituting
  such a limitation
• A physical or mental impairment that
  substantially limits major life activities as a
  result of the attitudes of others toward the
  impairment
• Has none of the impairments but is treated by a
  recipient as having such as impairment

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A physical or mental impairment which
substantially limits

• Section 504 defines substantially limiting as
  being unable to perform a major life activity the
  AVERAGE person in the general population can
  perform, or being restricted as to the duration
  and manner of that major life activity.

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Section 504 covers regular education,
non-academic programs, and extracurricular
activities

• Honor rollsschool cannot deny to disabled
  students with sufficiently high G. P. A.s
• Access to field trips and other trips
• Special diets must be provided
• Cannot shorten day of disabled students in most
  circumstances

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Physical accessibility, facilities, and
transportation

• Section 504 students cannot be required to take
  longer bus rides than non-disabled students
• School facilities must have equal access for
  students, parents, and patrons
• Facilities must be comparable for disabled and
  non-disabled students

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Examples of Individuals Who May Be
Covered--Section 504

• Students with a disability which significantly
  impacts their learning but who may not qualify
  under IDEA eligibility
• Students with health problems such as asthma,
  ADHD, epilepsy, diabetes, or cardiac problems
• Students with communicable diseases, such as AIDS
  or hepatitis
• Students with orthopedic problems who do not need
  special education

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ExamplesIndividuals Who May Not Be Covered

• Students who have a low-average IQ but are
  failing in school
• Low-average IQ is not a disability
• A student with a disability who is making
  satisfactory progress in school and needs no
  accommodations.
• Just because a student has a documented
  disability or a diagnosis DOES NOT mean they
  automatically qualify for Section 504

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Others not covered. . .

• Individuals engaging in illegal use of
  drugshowever, addiction may qualify as a
  disability
• Environmental, cultural, and economic
  disadvantaged are not covered
• Certain conditions such as homosexuality,
  kleptomania, pyromania, etc.

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What if we dont follow the students Section 504
Plan?

• Families have a right to file a request for a
  hearing with the Districts Compliance Officer.
  If unsatisfied, the family may request an
  impartial due process hearing with an impartial
  outside hearing officer.

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Is that all?

• Families may also file a formal complaint with
  the U.S. Office of Civil Rights. If the OCR
  agrees with the family, the OCR will inform the
  parent they have the right to sue the district
  and the individuals involved.

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So. . . .

• Use your common sense
• Follow the guidelines
• Dont give-in just because its easy
• Do what is best for kids
• Seek legal advice for difficult cases

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Any questions?
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Not all students learn the same

• Not all adults learn the same either
• When you read, do you like
• The TV on?
• The radio on at a regular volume?
• Soft music playing in the background?
• No noise within 2 miles?

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Why is this important?

• When developing your teaching plans, try to tap
  into as many different intelligence areas for
  learning as possible.
• Teachers most often teach using the modalities by
  which they learn
• Modifications are often needed to match the
  students learning styles

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Changes in IDEA 2004

• Reauthorization occurs every five years.
• This information is taken from the following DESE
  website http//dese.mo.gov/divspeced

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Eligibility Criteria

• Other Health Impaired
• Definition was expanded
• Tourette Syndrome was added to the definition
• Mental Retardation
• Now called Intellectual Disability in State Plan

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Related Services

• Related services are services that assist a child
  with a disability to benefit from special
  education
• Do not include a medical device that is
  surgically implanted, the optimization of that
  devices functioning, maintenance of that device,
  or the replacement of that device
• Schools do not have to purchase such a device as
  a related service
• The distinguishing factor between services that
  are covered until IDEA and those not covered are
  the level of expertise required

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Related Services (continued)

• Does not limit
• Right of child to other related services
• Responsibility of public agency to monitor and
  maintain certain medication devices
• Breathing devices
• Nutrition devices
• Device for operation of bodily functions
• Responsibility continues for routine checking of
  external components of surgically implanted
  devices

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Highly Qualified Teachers

• IDEA defined Core Academic Subjects
• English, reading or language arts
• Mathematics
• Science
• Foreign languages
• The arts
• Social Studies

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Highly Qualified Teachers

• A special ed teacher AT ANY GRADE LEVEL can be
  considered to be HQ if he/she
• Is not teaching a core academic subject
• Does not give a grade
• Is not the teacher of record
• All others questions, consult the DESE website

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Response to Intervention (RtI)Early Intervening
Services (EIS)

• RtI training is available through DESE website
• EISdistricts may use up to 15 of their Part B
  federal funds to develop and provide early
  intervening services to non-disabled students
• Identify students early (K-3)
• Provide services by providing academic and
  behavioral support

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Evaluation

• Timeline60 days
• Exceptions to timelines
• Parent repeatedly fails or refuses to produce
  child for the evaluation
• Child transfers to another district during an
  evaluation
• Extended school breaks that occur during the
  evaluation period
• Extended student illness during the evaluation
  period
• All exceptions to the timelines must be
  documented in the students record

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Reevaluation

• May not be conducted more than once a year unless
  the parent and public agency agree otherwise
• Must be conducted at least once every 3 years
  unless the parent and public agency agree reeval
  is not necessary

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Reevaluation/Summary of Performance

• For graduates from high school with a regular
  diploma or student exiting the system at age 21
• Reevaluation not required when student with a
  disability
• Summary of Performance required for a student
  with a disability when

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Independent Educational Evaluation (IEE)

• Parent entitled on only one IEE at public expense
  for each evaluation agency conducts with which
  the parent disagrees
• Any party may present results of IEE in a Due
  Process Hearing
• Agency must consider results of privately funded
  evaluation, if it meets agency criteria
• Parent not required to share results of privately
  funded evaluation with public agency, but not
  considered IEE

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IEP Meeting Excusals

• Attendance at the meeting of a team member can be
  excused
• Prior to the meeting, the parent and school must
  agree in writing to excuse the team member(s)
  from the meeting

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IEP Meeting Amendments

• Conditions
• Initial IEP meeting and Annual review meetings
  must be held. Amendments may only be made in the
  interim.
• Amendments made either by
• Holding an IEP meeting, OR
• Parent and school may agree not to convene IEP
  meeting to amend childs IEP
• Copy of the IEP with the amendments incorporated
  must be provided at parent request
• IEP team members informed of any amendments

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IEP Content

• The statement of present levels must describe the
  childs present levels of academic achievement
  and functional performance
• Short-term objectives and benchmarks are required
  only for children with disabilities who take
  alternate assessments aligned to alternate
  achievement standards (MAP-A)

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In-state Transfer Students

• Student with known or suspected disability
  enrolls from another Missouri district
• Implement the IEP
• IEP in hand or interviews with parent, student,
  previous school district officials to determine
  IEP content
• Accept of reject eligibility determination
• If reject, initiate reevaluation

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Out-of-State Transfers

• Student with known or suspected disability
  enrolls from another state
• IEP in hand
• Comparable services similar or equivalent
• Initiate evaluation, if determined necessary
• Develop, adopt, implement new IEP, if appropriate
• Without IEP
• Place in regular education until evaluation
  conducted and IEP developed
• Evaluation is initial evaluation

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TransfersOther Considerations

• Summer transfers
• Must have a means for determining whether the
  children who move into the state during the
  summer are children with disabilities and for
  ensuring that an IEP is in effect at the
  beginning of the school year
• Transferring the childs records
• Request records within 2 days of enrollment
• Send records within 5 days of receiving a request
  for records

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Parentally-Placed Children in Private Schools

• Responsibility for child find, identification and
  provision of services has changed from district
  of residence to district in which private school
  is located
• Statute and regulations identify requirements for
  consultation with representatives of private
  schools

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Schools can set stricter guidelines

• If you have Compliance questions, please call
  Bruce Renner
• BruceRenner_at_missouristate.edu
• 417-829-5095

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Special Education Monitoring

• Limited number of schools will have on-site
  visits
• State Performance Plan Targets and Monitoring
• Priorities and Indicators
• See the 20 Indicators http//dese.mo.gov/divspeced
  /SPPpage.html

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Any questions?

• Do you still have questions that have been
  unanswered?
• Do you have other questions?

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A thought in closing. . .

• I long to accomplish a great and noble task, but
  it is my chief duty to accomplish small tasks, as
  if they were great and noble.
• --Helen Keller

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Evaluation of Workshop

• For additional questions or help call Winona
  Anderson or Sandy Majchrzak
• South Central RPDC
• 1-800-667-0665
• sandym_at_mst.edu
• awinona_at_mst.edu
• Contact Bruce Renner with Compliance questions
• BruceRenner_at_missouristate.edu
• 417-829-5095