504 plans or iep 2017 slideshare

504 Plans & IEP’s
What’s the Same and What’s Different
JANUARY 2017
Oregon Family Support Network

Every student can learn, just not on the same
day, or the same way. ~George Evans

What is the
purpose of
having an IEP
or Section
504 Plan?

Section 504 of the Rehabilitation Act of 1973
The Section 504
protects the rights of
individuals with
disabilities in programs
and activities that receive
federal funds.
Civil Rights Law (Anti-discrimination)

Purpose of the Section 504:
“no otherwise qualified disabled individual
in the US…shall, solely by reason of a
disability, be excluded from the
participation in , be denied the benefits of,
or be subjected to discrimination under any
program or activity receiving federal
financial assistance.”

Section 504 is an
Unfunded Mandate.

The Section 504 “Accommodation Plan” is
the responsibility of the school district,
funded with general education dollars

Undue Hardship for Section 504
Concerning the cost of
accommodations or
services:
Consideration is given
for the size of the
program, extent of
accommodation and
cost relative to budget

Who do I contact
for questions
about the
Section 504?

IDEA (Individuals with Disabilities Education Act)
Special Education (IEP)
provides an education that meets a
child’s unique needs
and prepares them for
further education,
employment, &
independent living.

Purpose of the IDEA:
“…to ensure that all children with
disabilities have available to them a
free, appropriate public
education…designed to meet their
unique needs…
AND to ensure that the rights of
children…and parents of such children
are protected…”

The IDEA is a
Federal Grant Statute
It attaches many specific
conditions to the receipt
of Federal IDEA dollars.

Federal dollars only make up a small portion of
the money needed to fund special education.
The state is responsible for the rest.

Undue Hardship for Special Education
(IEP)
Concerning the cost of
accommodations,
modifications or
services:
Budget and
Administrative
Convenience is
Never an Excuse

Who do I contact
for questions
about Special
Education?

How do schools
identify children
who may need a
504 plan or an
IEP?

Child Find for Section 504
School districts
will conduct
activities annually
to find children
with disabilities
And evaluate
them for eligibility

Child Find for Section 504
For the Section 504,
there’s no
obligation to serve
students placed by
parents in a private
school or home
school (no “child
find” activities will
be conducted)

Child Find for Special ed (IEP)
School districts “identify locate
and evaluate all resident children
who may have a disability and
need EI (Early Intervention – 0-3),
ECSE (Early Childhood Special
Education – 3-5), or Special
Education (school age).”

Private Schools:
School districts are obligated to find and evaluate
children who may have disabilities at private
schools within school district boundaries.
IDEA only

The Obligation to provide Services to students
in private schools:
As predetermined by district and private
(school) agencies
IDEA only

“as
predetermined
by district and
private
agencies”??

Services:
Public agencies shall consult…with appropriate
representatives of private schools and parents of
children with disabilities, to decide:
IDEA only

Services:
a. Which children shall receive services,
b. What services will be provided,
c. How and where the services will be provided,
d. How the services will be evaluated
IDEA only

Services:
Children with disabilities placed by their parents in
private schools may receive some services from the
district via a service plan NOT an IEP (Individualized
Education Program).
IDEA only

I wrote a letter
referring my child
for a 504
plan, what’s the
eligibility criteria?

Section 504 Plan: Who Qualifies?
Individuals with disabilities
are defined as:
A person having a Physical or Mental
Impairment which Substantially Limits a
Major Life Activity,
Or Has a Record of Such an
Impairment,
Or Is Regarded As Disabled by
Others

“Has a Record of
Such an
Impairment”,
OR
“Is Regarded As
Disabled by Others”
Applies to protect
students against
discrimination only.
No 504 service
plan is required

What are
“Major Life
Activities”?

Caring for oneself, performing manual tasks ,
seeing, hearing, eating, sleeping, walking,
standing, lifting, bending, speaking,
breathing, learning, reading, concentrating,
thinking, communicating, working, and non-
volitional (voluntary) bodily functions….etc.
Major life activities
include, but are not
limited to:

My Student’s
currently on
medication and
not exhibiting
symptoms, does
she still qualify?

Section 504 (and ADA)
require a determination of
disability without consideration
of the impact of
“mitigating measures”
(medications, hearing aids,
medical equipment, etc. – does
not include eye glasses or
contacts).

Conditions that are episodic
or in remission (or under
control due to a mitigating
measure) are covered
when they are
active
And a 504 plan is written,
accordingly

Some student’s
with disabilities
will not need
educational
supports and
services so no
plan is written.

What about an
IEP? How
does a student
qualify?

Individual Education Program (IEP):
Who Qualifies?
Children and youth, birth through 21, may be eligible in Oregon
under 11 qualifying disability categories:
• Intellectual Disability
• Deaf/Blindness
• Vision Impairment
• Emotional Disturbance
• Orthopedic Impairment
• Communication Disorder
• Autism Spectrum Disorder
• Traumatic Brain Injury
• Specific Learning Disability
• Other Health Impairment
• Hearing Impairment

A child must meet the minimum educational
criteria for one of the categories
AND
It must be determined that the child’s disability
has an adverse impact on the child’s
educational performance (including functional
performance) to the extent that they need
special education services.

Functional
Performance?

Functional Performance can include:
Movement, Mobility, Behavior, Interpersonal
Relationships, Communication, Organizational
Skills, Study Skills, Thinking Skills, Independent
Living Skills.

If a student
does not
qualify for an
IEP,
a Section
504 plan
should be
considered.
“Truly wonderful, the mind of a
child is”

The school district
has agreed to
evaluate my child
for a 504 plan,
what should I
expect?

A group of professionals will consider information
from the child’s file, from teachers, the parent,
and information provided by the parent from
outside medical professionals.

If more information
is needed, the
school will ask the
parent to sign a
“consent to
evaluate”
form which lists
what evaluations
will be done.

Evaluations must
be completed by a
group of qualified
Professionals.
Ask: who will be
doing them?
When? How long
will it take?

Under the Section
504,
the Evaluation
Process should be
complete within a
reasonable amount of
time.
“Reasonable” is not
defined.

What does the
evaluation
process look like
for an IEP?

When the school district agrees to evaluate for
special education, a full comprehensive
evaluation is required assessing all areas related to
the suspected disability.

Written
“consent to
evaluate” is
required.
Ask: Who, What,
When, Where, and
Why?

Under
Special
Education
the Evaluation
Process should be
completed within
60 school days
Starting from the day
consent forms were
signed

When do
re-evaluations
occur?

For the Section 504, re-evaluations should
occur “periodically”
Re-evaluations are required before a significant
change in placement (like a suspension of more
than 10 days or an expulsion).

For Special Education, a re-evaluation is required
every three years,
unless the parent and the school district agree that a
re-evaluation is unnecessary
In Special Education, a re-evaluation is not required
before a significant change in placement

Special
Education
only:
Provides for an
Independent
Educational Evaluation
(IEE) at District
Expense, if the parent
disagrees with the
district’s evaluation

I’m at the
meeting!
Who ARE
these people?

For the Section 504,
team members could include:
Parents/Legal Guardian
Child, When Appropriate
School Principal
Nurse
Teacher(s)
Others, As Appropriate
There are No specific team member
Requirements for Section 504

For Special Education, IEP
teams could include:
 Parents/Legal Guardian*
 Regular Ed teacher*
 Special Ed teacher*
 District Representative*
 Assessment Person *required if eval’s done
 Transition Specialist
 Special Expertise People
 Child (when appropriate)
 Others
*Required by law

District
Representative?

The District Representative
is someone who is:
1. Knowledgeable about the general
education curriculum
2. Knowledgeable about district
resources, AND
3. Authorized to commit district resources
and ensure that services set out in the
IEP will be provided.

What if the
parents speak
a language
other than
English?

Limited English proficient (LEP) parents must be given
information that is necessary to their participation in the
special education process in a language they can
understand.
That includes translation of materials and/or an interpreter at
meetings.

The Section
504 plan is
called an
“Accommodation
Plan”, does that
mean my child
can’t have
modifications?

Generally, the Section 504 Plan outlines the individual
accommodations and supports that a student needs in order to
be educated as adequately as students without a disability.
If modifications are needed, the student my benefit more from
an IEP.

What about
Placement?

Placement decisions for both the Section 504 and
the IEP should be made by a group of people
knowledgeable about the student (usually the 504 or
IEP team) and be in the Least Restrictive Environment
(LRE) for the student.

Least Restrictive
Environment?

Continuum of Placement Options
General Ed. Class with Resource pull-outs (40% of school
day or less)
General Education Class with In-class Supports
Special School
General Education classroom (Least Restrictive)
Self-contained classroom
Residential/ day treatment
Home Placement
(Most Restrictive)

The student’s
neighborhood
school in a regular
education
classroom should
always be
considered first.

Discipline
Expulsion or suspension of
more than 10 consecutive
days constitutes a
change in placement
for both the Section 504
and IEP

Discipline
Suspension of more than 10
cumulative days may be a
change in placement
if there is a pattern (the
school determines if there is a
pattern)

I signed a
consent form
for Special
Education
services, can I
revoke it?

Parents may revoke
consent for Special
Education in
writing, at any time.
The school must
provide written
notice before ceasing
services
Consent for Special Education

By revoking consent, the student will no
longer receive any special education and
related services and is treated as a general
education student.

What if I have
a dispute
with my
Special Ed
IEP team?

There are different options for dispute
resolution in Special Education,
depending on what the issues are.

First Option:
An informal
meeting
(call another IEP
meeting!)

Second Option:
Mediation
Paid for by the state
and voluntary for
both sides.

Another Option:
Letter of
Complaint to the
State Department
of Education
if the school is believed
to be out of
compliance with the
law.

Last Option:
Due Process Hearing
An Administrative Law Judge (ALJ) will
determine the outcome of the dispute.

What are the
dispute
options for my
human on a
Section 504
plan?

The school’s 504 coordinator will have
information on the local grievance procedure.

If the parent believes their child has been
discriminated against, they can contact their
building coordinator, the Civil Rights Specialist
at the state level or contact the U.S. Office for
Civil Rights directly.

If a child can't
learn the way
we teach,
maybe we
should teach the
way they learn.
~Ignacio Estrada

Resources:
Oregon Dept. of Education:
http://www.Oregon.gov/ODE
ode.frontdesk@ode.state.or.us
Voice: 503-947-5600
Fax: 503-378-5156
255 Capitol Street NE
Salem, OR 97301-0203USA
Civil Rights
Winston Cornwall (K-12)…503-947-5675
Mike Franklin (Special Education, IDEA)
503-947-5689
FACTOregon: (Parent Training
& Information Center for
Oregon)
http://www.factoregon.org
(503) 786-6082
1 (888) 988-3228
info@FACToregon.org

OFSN Statewide
Office:
1300 Broadway St. NE,
Suite 403
Training dept. Suite 102
Salem, OR 97301
503-363-8068 – Phone
503-390-3161 – FAX
Twitter: @OregonFSN
www.ofsn.org
OFSN’s Statewide Training Program:
Tammi Paul, Training Manager
tammip@ofsn.net
Victoria Haight, Training Coordinator
victoriah@ofsn.net
Shawna Canaga, Statewide Wraparound Trainer
shawnac@ofsn.net
Felicia Marshall, Administrative Assistant
feliciam@ofsn.net
Shannon Boyette, Peer Coach & TA Coordinator
Shannon@ofsn.net

504 plans or iep 2017 slideshare

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