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Making the Transition from Secondary to Postsecondary: Entitlement versus Eligibility

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Title: Making the Transition from Secondary to Postsecondary: Entitlement versus Eligibility


1
Making the Transition from Secondary to
Postsecondary Entitlement versus Eligibility
  • Richard Henderson
  • State Director of Special Education/ 504
    Coordinator
  • Alison Lowenthal
  • Secondary Special Education Coordinator
  • Sponsored by Idaho State Department of Education
  • Division of Special Education

2
Objectives
  • To provide participants with information on
  • Individuals with Disabilities Education Act
    (IDEA) and Section 504
  • Accommodation and Adaptations
  • Graduation Requirements and
  • Entitlement verse Eligibility.

3
Individual with Disability Education Act
  • The IDEA is a federal law that created and
    governs special education. It entitles eligible
    students with disabilities to specialty designed
    instruction and individual services to allow them
    to benefit from a free public education.

4
Purpose of IDEA
  • To ensure that all children with disabilities
    have available to them a free appropriate public
    education that emphasizes special education and
    related services designed to meet their unique
    needs and prepare them for further education,
    training, employment, and independent living.
  • Subpart
    A of the Part B Regulations Title 34
  • Education
    PART 300.1

5
How to Ensure We are Preparing Students
  • Free Appropriate Public Education FAPE Means
  • at public expense (no cost to the family)
  • meeting the standards of the SDE
  • designed to meet the individual needs of each
    eligible student
  • designed for students to progress in the general
    curriculum
  • provided according to a written IEP
  • applies 3-21 years of age

6
Individual Education Program (IEP)
  • The IEP is a written statement for each child
    with a disability that is developed, reviewed,
    and revised at least annually by a team including
    educators, parents, the student if appropriate,
    and others with knowledge of expertise needed for
    the development of the childs special education
    program.

7
Individual Education Program (IEP)
  • The key word is Individualized!
  • Program First!
  • Placement Second

8
Least Restrictive Environment (LRE)
  • The IDEA requires that to the maximum children
    with disabilities are educated with children who
    are not disabled.
  • Special education is not a place.
  • Schools must provide supplementary aids and
    services in the regular education classroom or
    other integrated settings.

9
Transition Students
  • Percent of youth with IEPs aged 16 and above
    with an IEP that includes appropriate measurable
    postsecondary goals that are annually updated and
    based upon an age appropriate transition
    assessment, transition services, including
    courses of study, that will reasonably enable the
    student to meet those postsecondary goals, and
    annual IEP goals related to the students
    transition services needs.

10
The U.S. Department of Education Office for
Civil Rights
  • This document provides general information for
    the purposes of
  • training and technical assistance. This document
    is not an OCR
  • policy document.

11
IDEA vs. Section 504/Title II
  • IDEA defines disability differently.
  • To be protected under IDEA, a child must
  • have a particular disability listed in IDEA,
    and
  • need special education
  • Under Section 504, a qualified student with a
    disability is protected regardless of whether the
    student needs special education

12
ADA Amendments Act of 2008
  • Effective Jan. 1, 2009
  • Amends ADA and conforms definition of disability
    in Section 504 with Amendments Act
  • Retains the elements of the term disability,
    but changes the meaning of
  • substantially limits a major life activity and
  • being regarded as having an impairment.
  • Requires disability to be construed broadly
  • Did not alter IDEA

13
What changed with the Amendments Act?
  • Meaning of substantially limiting
  • No mitigating measures (except ordinary
    eyeglasses and contact lenses)
  • Episodic impairment is a disability if it would
    substantially limit a MLA when active

14
The Section 504 Process
15
Identify and Evaluate
  • Districts must individually evaluate any child
    who, because of a disability, needs or is
    believed to need special education or related
    services.

16
Section 504 Question 1 Does the child have a
disability?
  • Or, does the student have a physical or mental
    impairment which substantially limits one or more
    major life activities?

17
Definition of Disability
  • A physical or mental impairment which
    substantially limits one or more major life
    activities, or
  • A record of such impairment, or
  • Being regarded as having such impairment

18
What is an impairment?
  • Any physiological condition that affects a bodily
    system, or any mental or psychological disorder.

19
Substantial Limitation
  • Does the students impairment substantially limit
    one or more major life activities?

20
Major Life Activities include (but are not
limited to)
  • Eating
  • Sleeping
  • Standing
  • Lifting
  • Bending
  • Reading
  • Concentrating
  • Thinking
  • Communicating
  • Caring for oneself
  • Performing manual tasks
  • Walking
  • Seeing
  • Hearing
  • Speaking
  • Breathing
  • Learning
  • Working

21
Section 504 Question 2 What are the childs
individual education needs?
  • Needs are identified by looking to a variety of
    evaluation sources, including
  • aptitude and achievement tests
  • teacher recommendations
  • physical condition
  • social or cultural background
  • adaptive behavior

22
Types of Academic Settings
  • Regular classes
  • Regular classes with supplementary services,
    and/or
  • Special education and related services
  • However, all students must. . .

23
Academic Settings
  • Be educated with non-disabled students to the
    maximum extent appropriate to the needs of the
    student with a disability
  • Placement should be in regular classroom unless
    an appropriate education cannot be achieved
    satisfactorily with supplementary aids and
    services

24
Reevaluation
  • Periodic reevaluations is required.
  • Recipient must develop procedures for periodic
    reevaluations. Using the IDEA procedures is one
    means of meeting the procedure requirement under
    Section 504.

25
IEP and 504 Accommodation
  • Special services are available to all students
    who qualify.
  • Students who enroll in Professional and Technical
    Education courses are eligible for the same
    services as those provided in any other
    classroom.
  • The IEP or 504 team determines accommodations/adap
    tations to be made for these classes in the same
    way they are determined for other classes.

26
IEP and 504 Accommodation
  • Accommodations may include extended time, having
    material read, oral testing, abbreviated
    assignments, etc.
  • For example The safety test can be read to
    students but they must answer the questions
    correctly.

27
Safety Test Accommodations
Accommodations Person Responsible
Teach Test
Test used as study guide
Read test
Extended time to take test
Test taken in alternative setting
Retake test
Other
28
Developing the IEP
  • PTE courses may be considered as part of the
    students education plan. These courses can
    provide knowledge and skills to enter the
    workforce or pursue postsecondary training or
    education.
  • Appropriate placement for the student is very
    important to ensure both success and satisfaction
    of the student in the program.

29
Steps when considering a PTE program
  • 1. What is the interest of the student? What are
    the students plans after graduation? What are
    the students career goals?
  • 2. What is the ability level of the student
    (including academic, behavior, maturity, etc.)?
  • 3. A member of the IEP team (PTE instructor,
    school counselor, special education teacher)
    should be able to adequately describe the course
    that is being considered for the student.

30
Steps when considering a PTE program
  • 4. Once the course is determined, the IEP team
    should look at the competencies listed for the
    course and determine which competencies will be
    included in the students IEP?
  • 5. The IEP team should then determine the
    accommodation and adaptations that should be made
    for the student based on the competencies the
    student will be working toward mastering

31
PTE Course Accommodations
Accommodations Person Responsible
Extended time
Shortened assignments
Alternative materials
Preferential seating
Notes taken by designated person
Taped material/lecture
Study guides
Test taken in alternative setting
Open book tests
Re-take tests
32
Graduation Guidance
  • Meeting Graduation Requirements
  • Regular Graduation
  • Alternate graduation mechanism
  • Established by the IEP Team
  • The IEP team specifically addresses completion of
    the students secondary program by
  • Adapting the course content, course objectives,
    instructional strategies, grading, assessments
    and/or
  • Identifying alternate methods for demonstrating
    competence.

33
Purpose of IDEA revisited
  • .prepare them for further education, training,
    employment, and independent living

34
Entitlement/Eligibility
  • Entitled
  • Until students with disabilities complete public
    education, there is an obligation to provide them
    with education and relevant services. The
    education and services must be provided because
    the student is ENTITLED to them under the law
    until they turn 21.
  • The law requires that students identified as
    needing special education services must be
    provided with FAPE, as defined in the students
    IEP. Once students are no longer receiving FAPE,
    they are no longer entitled to services.

35
Entitlement/Eligibility
  • Eligible
  • When an individual with a disability applies for
    services or funding from an adult service agency,
    he/she will need to provide documentation to
    prove he/she meets the ELIGIBILITY requirements
    of that particular agency. If the individual
    meets the requirements for that agency, he/she is
    then eligible, but not entitled, to the services.
    Being eligible doesnt always mean services will
    be provided. The individual will receive the
    services IF there is enough staff, capacity at
    the facility, and funds to provide the service.

36
Difference in High School and College- Laws
  • High School
  • College
  • Individuals with Disabilities Education
    Improvement Act (IDEIA) of 2007 Section 504,
    Rehabilitation Act of 1973
  • IDEA is about success in school.
  • Americans with Disabilities Act of 1990, Title II
    (ADA.) as amended ADAAA
  • Section 504, Rehabilitation Act of 1973 ADA are
    about access to facilities, programs, and
    services.

37
Difference in High School and College-
Documentation
  • High School
  • College
  • IEP, 504 Plan, and Summary of Performance (SOP).
  • School provides evaluation at no cost.
  • Documentation determines if student is eligible
    for services under IDEA.
  • High school IEP and 504 Plans may not be
    sufficient.
  • Students may need to get evaluation often at
    their own expense.
  • Must provide information on specific functional
    limitations and demonstrate the need for services
    or accommodations.

38
Difference in High School and College-
Self-Advocacy
  • High School
  • College
  • School staff identify the student as having a
    disability.
  • School staff responsible for arranging
    accommodations.
  • Teachers approach student if they believe he/she
    needs help and might have a disability.
  • Student must self-identify to Disability Support
    Services staff.
  • Student has responsibility for arranging
    accommodations.
  • Professors can be open and helpful, but most
    expect students to initiate contact at the start
    of the semester.

39
Difference in High School and College- Parents
Role
  • High School
  • College
  • Parent has access to student records and can
    participate in the accommodation process.
  • Parent advocates for the student.
  • Parent does not have access to student records
    and cannot represent the student without
    students written consent.
  • Students advocate for themselves.

40
Difference in High School and College-
Instruction
  • High School
  • College
  • Teachers adapt curriculum and alter assignments
    as outlined in the IEP.
  • Students are expected to read short assignments
    that are discussed in class, but class time is
    provided to discuss reading.
  • Professors are not required to adapt design or
    alter assignment deadlines.
  • Students are assigned large amounts of reading
    and writing which may not be directly addressed
    in class.
  • Students need to regularly review class notes and
    text material.

41
Difference in High School and College- Grading
  • High School
  • College
  • IEP or 504 Plan may adapt test format or grading.
  • Testing is frequent covering small amounts of
    material.
  • Makeup tests available.
  • Teachers often remind students of assignments and
    due dates.
  • Accommodations in HOW tests are given (e.g.
    extended time, test proctors).
  • Testing is generally periodic and may be
    cumulative.
  • Makeup tests seldom an option if they are,
    students must requesting them.
  • Professors expect students to track
    deadlines/test dates.

42
How to Help
  • Teach Self-Advocacy and Study Skills
  • Students need to be able to explain his/her
    disability and how it impacts his/her life.
  • Students need to be able to request reasonable
    accommodations.
  • Document accommodations needed by the student
  • Contact the postsecondary program to see how
    accommodations need to be documented.

43
Any Questions
44
Contact Information
  • Richard Henderson
  • rhenderson_at_sde.idaho.gov
  • Alison Lowenthal
  • alowenthal_at_sde.idaho.gov
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