1. Southeast ADA Center Webinar Series for Georgia State Parent Teacher Association The Rights of Children with Disabilities in Public Schools: An Overview Kathy Gips New England ADA Center Candace Barfield Butterfly Effects March 27, 2013

2. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 2 Section 504 of the Rehabilitation Act Individuals with Disabilities Education Act Americans with Disabilities Act Children in Elementary School Kathy Gips New England ADA Center

3. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 3 Ten ADA Centers Funded by the National Institute on Disability and Rehabilitation Research 1-800-949-4232

4. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 4 Introduction to and Brief Overview of  Individuals with Disabilities Education Act  Section 504 of the Rehabilitation Act  Americans with Disabilities Act

5. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 5 Individuals with Disabilities Education Act IDEA provides funds to state educational agencies (SEAs) and local educational agencies (LEAs)  Specifies special education requirements  34 CFR Part 300 Assistance to States for the Education of Children with Disabilities

6. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 6 IDEA and Section 504 Basic Concepts  Child find  Free appropriate public education (FAPE)  Evaluation and placement  Plan  Educational setting  Reevaluation  Procedural safeguards  Transition services

7. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 7 IDEA and Section 504 Child Find Schools must undertake to identify and locate children with disabilities in their jurisdiction who are not receiving a public education

8. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 8 IDEA Definition of Disability A child evaluated in accordance with IDEA procedures as having (one or more of the conditions listed on next slide) and who, by reason thereof, needs special education and related services.

9. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 9 Free Appropriate Public Education FAPE IDEA and Section 504 require that public school districts provide FAPE to children with disabilities

10. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 10 Individual with Disabilities Education Act 1. Autism 2. Deaf-Blindness 3. Deafness 4. Emotional Disturbance 5. Hearing Impairment 6. Mental Retardation 7. Multiple Disabilities 8. Orthopedic Impairment 9. Other Health Impairment 10. Specific Learning Disability 11. Speech or Language Impairment 12. Traumatic Brain Injury 13. Visual Impairment including Blindness

11. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 11 When Must Schools Evaluate a Student? School believes or has reason to believe that a student, because of a disability, may need special education  Administration  Teacher, based on observation of or work with the student, expresses the view that an evaluation is needed  Parent of a child requests an evaluation

12. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 12 IDEA Free Appropriate Public Education FAPE Special education and related services:  Provided without charge  Meet standards of SEA (state educational agency)  Provided in conformity with an individualized education program (IEP)

13. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 13 IDEA Evaluation and Placement IEP Team  Parents  Regular education teacher (if the child is or may be in reg. ed.)  Special ed teacher or provider  The child (if appropriate)  Individuals knowledgeable about the child, meaning of evaluation data and placement options

14. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 14 IDEA Program IDEA requires an Individualized Education Program (IEP)  A statement of the child's present levels of academic achievement and functional performance  Measurable annual academic and functional goals  Period reports on progress  Description of the special education and related services and supplementary aids  Accommodations necessary to measure the academic achievement and functional performance of the child on state and district wide assessments

15. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 15 IDEA Related services and supplementary aids  speech-language pathology and audiology services  interpreting services  psychological services  physical and occupational therapy  recreation, including therapeutic recreation  counseling services  orientation and mobility services  school health services and school nurse services  social work services in schools  assistive technology  Transportation These are examples, could be others….

16. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 16 IDEA Related services and supplementary aids (cont.) Team must decide:  when the service will begin  how often it will be provided  for what amount of time  where it will be provided

17. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 17 IDEA Educational Setting IDEA requires  The least restrictive environment  Continuum of placements

18. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 18 Educational Setting IDEA Continuum  Regular classroom and resource teacher consults with regular teacher  Regular classroom and resource teacher works with student in classroom  Regular classroom with student pullout  Self contained classrooms  Placement in a another public school or a private school that specializes in student’s disability

19. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 19 Reevaluation IDEA Schools  May not make a significant change in a student with disabilities placement without a reevaluation  Must reevaluate at least once every three years, unless the parent and the public agency agree that a reevaluation is unnecessary

20. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 20 Procedural Safeguards IDEA  School must provide notice to parents  Parent right to review relevant records  If parents disagree with eligibility decision or the IEP they can appeal to an independent hearing officer  If disagree with IHO may ask for a review  School districts must provide parents information about their due process rights

21. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 21 Enforcement IDEA  Due process hearing  Review process  Appeal state agency's decision to state or federal court

22. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 22 Section 504 of the Rehabilitation Act  Civil rights law - protects the rights of people with disabilities  Applies to organizations that receive federal financial assistance and to federal agencies  Most (all?) public school districts receive federal financial assistance

23. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 23 US Department of Education Section 504 Regulations 34 CFR Part 104 – Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance Subpart D - Preschool, Elementary, and Secondary Education

24. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 24 US Department of Education Section 504 Guidance Free Appropriate Public Education for Students with Disabilities: Requirements Under Section 504 of the Rehabilitation Act Student Placement in Elementary and Secondary Schools and Section 504 and Title II of the Americans with Disabilities Act The Civil Rights of Students with Hidden Disabilities Under Section 504 of the Rehabilitation Act

25. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 25 Americans with Disabilities Act  Civil rights law - protects the rights of people with disabilities  Applies whether or not school receives federal funds  Schools must comply with Title II of ADA  28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services

26. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 26 Section 504 Free Appropriate Public Education FAPE Regular or special education and related aids and services designed to meet the needs of a student with a disability as adequately as students without disabilities

27. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 27 ADA & Section 504 Definition of Disability  A person who has a physical or mental impairment that substantially limits a major life activity  A person who has a record of a physical or mental impairment that substantially limits a major life activity  Also protected: Person who is “regarded as” having a physical or mental impairment

28. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 28 ADA & Section 504 Definition of Disability (cont.) All students who qualify for special education under the Individuals with Disabilities Education Act are also protected under the ADA and Section 504

29. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 29 ADA & Section 504 Examples  Student with diabetes  Student who has cancer  Student with psychiatric illness  Student with cerebral palsy who has difficulty walking– maybe uses crutches, cane or wheelchair – maybe not  Generally a student with disability who does not need special education will have a 504 plan (if needs one)

30. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 30 Section 504 Educational Plan Section 504 requires: That the student's program be described with sufficient specificity to demonstrate that the student's needs have been assessed on an individual basis This is frequently called a “504 Plan”

31. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 31 Section 504 Evaluation and Placement Team A group, including individuals knowledgeable about the child, meaning of evaluation data and placement options. The regulations don’t require parents, though many schools include them (highly recommend).

32. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 32 Educational Setting Section 504  Section 504 requires most integrated setting appropriate  Student with a disability may be placed in a separate class or facility only if s/he cannot be educated satisfactorily in the regular educational setting with the use of supplementary aids and services.

33. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 33 Reevaluation Section 504 Schools  May not make a significant change in a student with disabilities placement without a reevaluation  Must conduct periodic reevaluations of all students with disabilities

34. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 34 Procedural Safeguards Section 504  School must provide notice to parents  Parent right to review relevant records  If parents disagree with eligibility decision or the IEP they can appeal to an independent hearing officer  If disagree with IHO may ask for a review  School districts must provide parents information about their due process rights

35. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 35 Enforcement Section 504  Due process hearing  Review process  Complaint with US Dept of Ed Office for Civil Rights (only reviews school’s procedures not student placement or services)  State or federal lawsuit

36. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 36 ADA and Section 504 Broad Laws Civil Rights Laws Also have requirements not specific to an individual student Examples:  Facility accessibility for students, parents, staff  Modifying policies (permitting a service animal)  Providing sign language interpreter for parent who is deaf and has a parent-teacher meeting

37. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 37 Basic Rights in Education Candace Barfield

38. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 38 IDEA-Individuals with Disabilities Act IDEA was originally enacted by Congress in 1975 to ensure that children with disabilities have the opportunity to receive a free appropriate public education, just like other children. The law has been revised many times over the years.

39. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 39 IDEA - History The most recent amendments were passed by Congress in December 2004, with final regulations published in August 2006 (Part B for school-aged children) and in September 2011 (Part C, for babies and toddlers). So, in one sense, the law is very new, even as it has a long, detailed, and powerful history. Reference: http://nichcy.org/laws/ideahttp://nichcy.org/laws/idea

40. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 40 IDEA - IEP IDEA requires that public schools create an Individualized Education Program (IEP) for each student who is found to be eligible under both the federal and state eligibility/disability standards.

41. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 41 IDEA - Least Restrictive Environment: To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. Reference: TITLE I / B / 612 / a / 5IB612a

42. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 42 Can Students with Special Needs/Disabilities Participate in Extra-Curricular Activities? YES ! Students with disabilities consistently have opportunities to participate in extracurricular athletics equal to those of other students, the GAO recommended that the United States Department of Education (Department) clarify and communicate schools’ responsibilities under Section 504 of the Rehabilitation Act of 1973 (Section 504) regarding the provision of extracurricular athletics.

43. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 43 Individualized Education Program IEP-Individualized Education Program  Specifies the services to be provided and how often, describes the student's present levels of performance and how the student's disabilities affect academic performance.  Specifies, measureable goals, accommodations and modifications to be provided for the student.

44. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 44 6 Considerations to help set goals 1. The Direction we want to go (increase or decrease) 2. The problem we are addressing 3. The Present Level 4. The Amount of Change, by the end of this IEP year 5. The Methodology needed 6. Measured by (standardized test)

45. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 45 IEP - Process  Identify the student’s individual educational goals and objectives to be emphasized during general education activities  Articulate the expectations for the student’s performance in general education activities  Determine what to teach As a team, determine the content of the general education activity, theme or unit study  Determine how to teach As a team, determine if, without modification, the student can actively participate and achieve the same essential outcomes as non-disabled classmates. If the student cannot achieve the same outcomes...

46. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 46 Accommodations  Assessment accommodations are generally grouped into the following categories:  Presentation (e.g., repeat directions, read aloud, large print, braille, etc.)  Equipment and material (e.g., calculator, amplification equipment, manipulatives, etc.)  Response (e.g., mark answers in book, scribe records response, point, etc.)  Setting (e.g., study carrel, student's home, separate room, etc.)  Timing/Scheduling (e.g., extended time, frequent breaks, etc.)

47. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 47 Curriculum Accommodations Modifications to a Curriculum are an Allowable Accommodation A. What must be addressed first are ACCOMMODATIONS. B. As a Team, determine if, without modifications, the student can actively participate and achieve the same essential outcomes as classmates without disabilities. C. If the Team decides the student cannot achieve the same outcomes, you must then ask the question: What support(s) can be put in place to assist this student in participating/succeeding?

48. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 48 Curriculum Accommodations (cont.) Curriculum can be Modified as an Accommodation for a Student with a Disability  Select and Design Appropriate Adaptations  Lesson format  Student-specific teaching strategies  Review the physical and social classroom environment  Design modified materials  Natural supports and supervision arrangements

49. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 49 Department of Defense Education Activity (DoDEA) DODEA Schools in Georgia:  The DoDEA instructional program provides a comprehensive prekindergarten through 12th grade curriculum that is dedicated to attaining highest student achievement for all students.  Currently 100% of DoDEA schools are accredited and in good standing with their regional accrediting agency.  There are currently 7 DOEA schools in the state of Georgia that support children of Military members assigned to Fort Benning, GA.

50. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 50 Special Education in DODEA Schools  In DoDEA, special education and related services are available to eligible students, ages 3 through 21 years of age.  To be eligible for special education:  The child must have an identified disability;  The disability must adversely (negatively) affect the child's educational performance; and  The child must require a specially designed instructional program.

51. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 51 Eligibility Categories DoDEA recognizes clearly defined categories of disabilities with specific criteria for determining eligibility. The primary categories and specific disabilities recognized by DoDEA are:  Physical Impairment  autism spectrum disorder  blind  deaf  deaf/blind  hearing impairment  other health impairment  orthopedic impairment  traumatic brain injury  visual impairment  Communication Impairment  articulation  fluency  language/phonology  voice  Emotional Impairment  Learning Impairment  intellectual disability  specific learning disability  Developmental Delay

52. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 52 Recent Improvements to Special Education for Military Children  Governor Nathan Deal signed the Military Interstate Children’s Compact(MIC3) legislation into law at Fort Benning on April 25, 2012  Georgia became the 42nd state to become a member. There are currently 44 member states!

53. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 53 *About MIC3  The goal of the compact is to replace the widely varying policies affecting transitioning military students. The compact leverages consistency: It uses a comprehensive approach that provides a consistent policy in every school district and in every state that chooses to join.  The compact addresses key educational transition issues encountered by military families including enrollment, placement, attendance, eligibility and graduation.  Children of active duty members of the uniformed services, National Guard and Reserve on active duty orders, and members or veterans who are medically discharged or retired for one year are eligible for assistance under the compact

54. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 54 * Open Discussion & Questions

55. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 55 Contact Kathy Gips Director of Training, New England ADA Center email: kgips@NewEnglandADA.org phone: 617-259-1644 voice/tty Candace Barfield Line Therapist, Behavior Instructor, Butterfly Effects email: candace.barfield@yahoo.com

56. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 56 THANK YOU!

57. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 57 Questions or Help Contact Us: Phone: Southeast ADA (404) 541-9001 [voice/tty] Email: ADAsoutheast@law.syr.edu Web: ADAsoutheast.org Office Hours: Monday - Friday, 9:00 a.m. to 5:00 p.m. [Eastern] Teach for America Webinar Series for Special Educators Website: http://adasoutheast.org/tfa

58. The Southeast ADA Center, in collaboration with Georgia State Parent Teacher Association Funded by NIDRR Grant # H133A110021© 2013 All Rights ReservedSoutheast ADA Center 58 Disclaimer The Southeast ADA Center is authorized by the National Institute on Disability and Rehabilitation Research (NIDRR) to provide information, materials, and technical assistance to individuals and entities that are covered by the Americans with Disabilities Act (ADA) and its Amendments under Grant No. #H133A110021. However, NIDRR is not responsible for enforcement of the ADA. For more information or assistance, contact your regional ADA Center via the ADA National Network at adata.org or call 1-800- 949-4232 [voice/tty].adata.org The information, materials, and/or technical assistance are intended solely as informal guidance, and are neither a determination of your legal rights or responsibilities under the Act, nor binding on any agency with enforcement responsibility under the ADA. The Burton Blatt Institute (BBI) at Syracuse University does not warrant the accuracy of any information contained herein. Any links to non-BBI information are provided as a courtesy. They are not intended to nor do they constitute an endorsement by the BBI of the linked materials.