 What’s the Difference? Debbie Jones, Disability Program Analyst Humanitas

2 BackgroundTest Your KnowledgeIn-brief Review of the IEP in Job Corps504 Plans vs Job Corps Accommodation PlansDiscussion and ReviewResources

 PURPOSE & OBJECTIVES 3

 What are the center’s obligations related to accommodation consideration and determination under Section 504 and Job Corps policy?  What is the function of the IEP in Job Corps and does center staff have to write IEPs and update them?  What is the difference between 504 plans, IEPs, and Job Corps Accommodation Plans? 4

Participants are able to list 2 to 3 facts about Section 504 of the Rehabilitation Act. Participants are able to explain the purpose of the IEP in Job Corps. Participants are able to identify 1 or 2 specific differences between 504 Plans, IEPs, and Job Accommodation Plans. 5

 ASSESSING BACKGROUND INFORMATION 6

 Let’s review: 1. Section 504 and the Individuals with Disabilities Educational Act (IDEA) are two different types of laws. What is the primary difference? Section 504 is a non-discrimination law and IDEA is a special education law 2. Can you think of another major difference? Section 504 can apply to elementary/secondary public education, post-secondary education and employers and protection is not limited to an age range IDEA covers children receiving special education services from birth until the 22 nd birthday 7

 Let’s review: 3. Who is a person with a disability according to Section 504? Someone whose physical or mental condition or impairment causes them to have a substantial limitation on one or more major life activities (e.g., walking, breathing, eating, learning, etc.) 4. What must a person do to initiate the interactive reasonable accommodation process in Job Corps? Have an obvious disability Request accommodations Provide documentation of a disability 8

 IEP PURPOSE AND RELEVANCE WITHIN JOB CORPS 9

 The IEP serves as o Documentation of a disability o One tool for determining accommodation needs on a Job Corps accommodation plan * Remember: For centers with high school programs who fall under the Individuals with Disabilities Education Act (IDEA), the IEP serves as the program plan for the delivery of special education services and supports 10

 The following information from an IEP can help in the development of an accommodation plan: 1. Present levels of performance (sometimes known as a PLOP) 2. Goals necessary for the individual to access the general education curriculum 3. Supplementary aids, supports, and services 11

4. Participation in state and district wide tests 5. Educational setting where services will be provided 6. Transition services 12

13 DO WE WRITE AND IMPLEMENT IEPS ON THE “JOB CORPS” SIDE OF THE HOUSE? YESNO

 REVIEW OF LEGISLATIVE REQUIREMENTS & DIFFERENCES BETWEEN THE PLANS 14

 Generally speaking, it is a plan that spells out the accommodations that a student with a disability would be given to afford them an opportunity to perform at the same level as their peers or have the same level of access to have program and/or its benefits as their peers  The legislation (i.e., Section 504) requires that there be a written plan but it doesn’t mandate what that plan is to be called 15

 Section 504 legislative requirements can vary dependent upon the type of program or organization involved. o This is a CRITICALLY important point. 16

As it applies to public secondary schools As it applies to postsecondary/Job Corps Child find obligation – so must evaluate for eligibility. No child find obligation – not required to evaluate. Certain prohibitions exist with relation to discussion of disability. Must offer accommodations based upon evaluation/need. Must request accommodations although Job Corps policy additionally requires the interactive process to also occur if documentation of disability is provided even if a request has not been made. Entitled to enrollment in public education regardless of disability. Entitled to enrollment if individual meets the essential requirements for admission; a postsecondary school may not deny admission simply because one has a disability. 17

18 Role of the 504 Plan in Job Corps From outside high schools or other programs: Serves as previous documentation of a disability Developed by Job Corps public high school and/or public charter partners: Accommodation plan for the partner’s agreed upon components of the program and/or to satisfy state and federal requirements; implemented into the Job Corps Accommodation Plan

 In Job Corps, we develop accommodation plans and those plans are entered into CIS. o Referenced in Job Corps policy as accommodation plans o Basis for initiating the interactive reasonable accommodation process, as we talked about earlier, is based upon documentation of disability unless the disability is obvious (e.g., individual is blind or deaf, etc.). 19

20 Authorized under IDEA Only required by JC Public School/Charter Partners IEP Depends on the type of organization (i.e., public elementary/secondary vs post secondary vs employer) “Child Find” obligations 504 Plan under Public Elementary/Secon dary Programs Must request or provide documentation of a disabilit y Job Corps Accommodation Plan

 REAFFIRMING OBJECTIVES, ASSESSING CONTENT UNDERSTANDING AND CLARIFYING KEY POINTS 21

22 What’s the authorizing legislation for Job Corps accommodation plans? IDEA Section 504

23 Section 504 of the Rehab Act, as it applies to JOB CORPS, requires that we ASSESS students for disabilities and provide with accommodations if found eligible. True False

24 IDEA is non-discrimination legislation. True False

25 Section 504 is age limited. True False

 How does a person initiate the interactive reasonable accommodation process within Job Corps? o Request accommodations In writing or verbally o Provide documentation of disability 26

 The Job Corps Accommodation Plan is a plan under Section 504 of the Rehabilitation Act as it applies to employers. Job Corps policy simply entitles it the “Job Corps Accommodation Plan.”  Job Corps is not obligated to assess students suspected of disability but has always committed to attempt to try and assist with the location of resources, if they are available. Sometimes this may simply mean assisting the individual in finding a partner/resource that will provide the necessary assessments via means that are accessible to the applicant/student (i.e., Vocational Rehabilitation, etc.). 27

 Job Corps does not fall under the same obligations as a public secondary institution does; therefore, methods and requirements related to 504 obligations that apply to these same entities should not be assumed to be appropriate or may not apply to Job Corps. o CAUTION: Development of 504 plans for students with no documented history of disability and/or no formal assessments. Adhere to Job Corps policies and procedures and apply Section 504 regulations and requirements as they apply to Job Corps – not public secondary institutions. 28

 DISABILITY-RELATED WEBSITES AND TECHNICAL ASSISTANCE SUPPORT 29

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(800) (V) (877) (TTY)

 Boston and Dallas Regions - Laura Kuhn  Atlanta and Philadelphia Regions - Nikki Jackson  Chicago and San Francisco Regions - Kim Jones 32

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