Our district makes a conscious effort to comply with the guidelines set forth by Section 504 of The Rehabilitation Act to ensure the needs of students experiencing difficulties as a result of a physical or mental impairment which prohibits them from experiencing success in the learning process. Our district has policies and procedures in place for the purpose of assisting special education teams in making eligibility determinations for Section 504 placement. The established policies and procedures will assist the district to ensure that all guidelines and requirements of the Section 504 plan have been developed and fulfilled to meet the specific needs of the student.
The identification of students in need of accommodations under Section 504
Placement decisions related to students with disabilities is an issue that arises from providing a free, appropriate public education (FAPE) and the least restrictive environment (LRE). While FAPE and LRE are not new requirements, the Individuals with Disabilities Educational Act (IDEA) continues to be open to interpretation and implementation of the mandates (McGovern, 2015). A student’s least restrictive environment is the setting where the student can be integrated with his non-disabled peers. IDEA requires that students with disabilities be educated in the most integrated, least restrictive environment (Carson, 2015); however, this is where the grey area enters. The interpretation of what the least restrictive environment is, depends
The Individuals with Disabilities Education Act (IDEA) has established procedures for the placement of students with disabilities within a school setting. Members of the child study
Section 504 and the ADA directly impact schools on several levels. First, all educational programs must be available to the qualifying individuals. Each eligible student who is classified as a 504 student must be offered regular or special education with the needed
Section 504 is a part of the Rehabilitation Act of 1973 that outlaws discrimination based upon disability. It is an anti-discrimination, civil rights statute that requires the needs of students with disabilities to be met as adequately as the needs of the non-disabled are met. Section 504 ensures that the child with a disability has equal access to an education. Section 504 does not require a public school to provide an individualized educational program (IEP) that is designed to meet a child's unique needs
Williams is familiar with due to her experience teaching special education classes before becoming a principal. According to Mrs. William’s point of view, the Section 504 of the Rehabilitation Act is a way to formally document how the school meets the needs of students with a documented disability and provide protection to these students while they are in the public school system (Williams, personal communication, 2/3/17). One of the major premises of Section 504 is that it prohibits discrimination of any kind against a student of any disability. Students with disabilities cannot be excluded from participating or denied benefits or be discriminated against under any program receiving federal financial assistance (DOE, 2015). Students with disabilities such as hearing or vision impairment, learning disabilities, or emotional disabilities can receive teaching accommodations as well by using a 504 plan. This plan ensures that students with disabilities receive equal access to benefit from any needed educational aid, benefits or services. Students with disabilities are entitled to a free appropriate public education just the same as non-disabled students. They need to have the correct tools provided in order to access this education on the same level. These tools might include larger print books, enlargements of paper assignments, or even a personal monitor that is connected to the teacher’s workstation in order to better see the board work like the other students. Students with other disabilities are provided the resources they need to access their education as normally as possible. Additionally, students with behavior disabilities are given the protections they need to be able to have time to work on making improvements. For example, a student in 2nd grade that was recently placed on a 504 plan for an emotional disability which can manifest in violent, inappropriate behaviors has certain rights now. He has
Efficient administrators must make certain their schools are in compliance with district, state, and federal educational guidelines. These statutes include identifying and delivering specified instructional lessons for students who qualify for services under Section 504 of the Rehabilitation Act of 1973, Individuals with Disabilities Education Act (IDEA), and the students who qualify for ESOL (English for Speakers of Other Languages). Academic leaders who ensure compliance among these regulations and educate themselves on the appropriate instructional practices, will properly assist their teachers and students in finding academic success.
Explain state and federal laws, rules, and regulations as they pertain to special education. (APTS 9.2)
In 1991 the Public Law 94-142, the Education for All Handicapped Children Act was replaced by the Individuals with Disabilities Education Act. This law was passed to provide free and appropriate public education to every child with a disability. It requires that each child with a disability “have access to the program best suited to that child’s special needs which is as close as possible to a normal child’s educational program” (Martin, 1978). The Individualized education program (IEP) was developed to help provide a written record of students’ needs and procedures for each child that receives special education services. The IEP will list all the services to be provided, the student's performance level, academic performance, and
Section 504 protects the rights of people with disabilities in programs and activities that are established with federal financial assistance and funds. This basically says anyone with a disability in the US cannot be excluded from participating, denied benefits of, or be discriminated under any program or activity receiving federal assistance. More importantly, it requires school districts to provide a free appropriate public education (FAPE) to each qualified student with a disability who is in the school district no matter the student’s disability. Unlike IDEA, Section 504 doesn’t require a public school to assign a student with disabilities an IEP, instead students may receive accommodations and
In order for special needs students to receive the proper quality of life in the classroom, they must first be provided with the equality of opportunity and full participation rights. The Office for Civil Rights (OCR) organization helps to eliminate any and all discrimination on the basis of a student being disabled. The OCR helps to enforce the Section 504 of the Rehabilitation Act of 1973 which protects the rights of individual students with disabilities in programs and/or activities that receive Federal finance assistance from the United States Department of Education. The Section 504 plan states, “No otherwise qualified
One issue that impacts students and the University of Montana (UM) is high school students entering college who were previously served under Rehabilitation Act of 1973 Section 504 (504 Plan) or an Individualized Education Plan (IEP). There is a misconception that because a child was previously served under one of these programs they will continue to be served as adults under the same or similar program. In higher education, the student must provide proof of a disability and seek services out, they are not automatically established. Additionally, at the college level, student’s behavioral plans are not enforced because the student is now an adult. UM administrators have access to high school records, including behavioral plans. If UM believes
The student Marilu is identified under the law as having the disability of attention deficit disorder.. The student attends a school where she receives the accommodation of extra time to complete her assignments and is placed near the teacher because it was proven to increase her performance in the classroom. A 504 plan can help secure success academically and provides the student with a proper learning setting.
According to a research conducted by the Washington State Department of Health in 2005, the prevalence of disabilities in children five and older was 14.3 percent, which was the same as all other states combined. Research is still being conducted to determine the reasons behind the high prevalence of disabilities in Washington. As of today, no clear reason has been found to explain the high prevalence of disabilities. Approximately 130,000 eligible students are receiving special education services within our schools. In Washington State to refer a student for special education is a ten step process, starting with the referral, evaluations being conducted, and the last step being transition. The Individual with Disabilities Act (IDEA, 2004)
As result of other court ruling, another law was passed in 1973 called Section 504. This law prevented discrimination against people with disabilities. The law helped students who were not covered under the law now known as IDEA. Section 504 are for students who have a physical and mental impairment.
Laws and policies related to special needs students are set in place to assist in providing an appropriate education in the most least restrictive environment possible for special needs students.