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
Introduction

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.
Read objectives

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 child’s 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 student’s 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
Identification
Placement
Evaluation

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 student’s impairment substantially limit one or more major life activities?

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

21. Section 504 Question #2: What are the child’s 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/adaptations 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
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 student’s 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 student’s plans after graduation? What are the student’s 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 student’s 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
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 student’s 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 student’s 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 doesn’t 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
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
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
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
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 student’s written consent.
Students advocate for themselves.

40. Difference in High School and College- Instruction
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
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
Alison Lowenthal