O&A Public School Speech Lang & Hearing-Module 2: Educationally Relevant Laws

UAKRON MA SLP

The Individuals with disabilities education act (IDEA), the Americans with Disabilities Act (ADA), and Section 504

Laws that protect the rights of individuals with disabilities in educational settings, ensuring access to appropriate services and accommodations.

What is a qualified disability under Section 504?

A physical or mental impairment that substantially limits grades, social/interpersonal relationships, etc., and one or more major life activities such as speaking, listening, reading, learning, caring for oneself, etc.

This includes conditions such as cerebral palsy, cleft palate, language impairment, and apraxia. These disabilities impact educational performance and require services or accommodations.

Districts must provide student with what they need if they have a QUALIFYING disability. They cannot say “We cannot afford ____”.

True

What is excluded from Section 504?

Conditions that are the result of cultural, environment, economic factors, and age. These conditions do not qualify for protection under Section 504 as they do not reflect a physical or mental impairment that substantially limits major life activities.

What is included in Section 504?

Includes classroom programs and activities that provide necessary adjustments, accommodations, and modifications to ensure equal access for students with disabilities. This includes extracurricular and non-academic activities as well.

New amendments prohibit the use of mitigating measures in evaluating whether a person has a disability, except for the use of glasses or corrective lenses if they fully correct vision problems.

Example: Just because someone can effectively use AAC to communicate does not mean they cannot be protected under Section 504.

This means that when assessing if an individual has a disability, their abilities should be evaluated without considering any assistive devices, except for glasses or corrective lenses that completely fix their vision.

Mitigating Measures Rule:

Public school students cannot be excluded from protection because of use of medication, prosthetics, hearing aids, medical equipment, learned behavioral or adaptive neurological modifications, assistive technology, or accommodations.

Legal Obligations under 504 (SLP)

1.) Evaluation

2.) Periodic Re-evals- Every 3 years

3.) Provide Free Appropriate Public Education (FAPE)

4.) Provide education to students with disabilities in the least restrictive environment (LRE)

What are common errors that SLPs make when it comes to Section 504?

1.) Using a checklist but not determining if the child will actually benefit

2.) Failing to match accommodations with the student’s needs

3.) Failing to provide copies and an explanation of the 504 accommodation plan to everyone responsible for implementation.

4.) Failing to conduct a timely evaluation

5.) Writing vague plans

6.) Providing minimal or no monitoring of the implementation of the plan

7.) Failing to get the school administration involved with monitoring

What happens when a child qualifies under Section 504?

A written educational plan is developed and describes what accommodations, services, or programs will be provided to meet the student’s needs.

Who is on the Section 504 plan team?

SLP, administrator, teacher, parent, and child (once they turn 14)

Are evaluations for Section 504 and IDEA the same?

Yes

Modifying Health and Safety Procedures under Section 504

A child may need a nurse to administer medications, plan special diets, address emergency needs, provide an elevator key, conduct staff training, or arrange transportation.

Classroom modification/accommodations

Accommodation Plan for Child with Hearing Loss

Accommodation Plan for a child taking Standardized Tests

Difference between Section 504 & IDEA

Students with impairments such as a phonological disorder do not automatically qualify for Section 504 or IDEA unless the impairment substantially limits one or more major life activities or educational performance.

Section 504: This covers a broader range of disabilities compared to IDEA. To qualify, a student must have a physical or mental impairment that substantially limits one or more major life activities (e.g., learning, reading, concentrating, etc.). It ensures that students with disabilities have equal access to education through reasonable accommodations and modifications. Available in college or the workplace.

IDEA: This is a federal law that provides specific guidelines and funding for students with certain categories of disabilities (e.g., specific learning disabilities, speech or language impairments, autism, etc.). To qualify, a student must have a disability that falls under one of the 13 categories outlined in IDEA and requires specialized instruction and related services to benefit from education. Once a child ages out or graduates from high school, IDEA no longer applies.

Side by side comparison of Section 504 & IDEA

Individuals with disabilities education act (IDEA)

1.) A right to FAPE

2.) LRE

3.) Rights of parents and child are protected

Parts of IDEA

A: General provisions

B: assistance for education of all children with disabilities

C: infant and toddlers with disabilities and early intervention (3-6 yrs)

What are the major provisions of IDEA?

1.) Free Appropriate Public Education (FAPE): Every child with a disability has the right to a free and appropriate public education designed to meet their unique needs.

2.) Child Find: States are required to identify, locate, and evaluate all children with disabilities residing in the state who need special education and related services.

3.) Procedural Safeguards: IDEA includes various procedural safeguards to protect the rights of parents and children, such as the right to participate in meetings, examine records, and obtain an independent evaluation.

4.) Evaluations: Children must undergo comprehensive evaluations to determine if they have a disability and to identify their specific educational needs.

5.) Individualized Education Program (IEP): An IEP is a written document developed for each eligible child with a disability, outlining the child's educational goals, services, and supports.

6.) Least Restrictive Environment (LRE): Children with disabilities should be educated with non-disabled children to the maximum extent appropriate.

7.) Participation in Assessments: Students with disabilities must be included in state and district-wide assessments, with appropriate accommodations if necessary.

8.) Due Process: Parents have the right to resolve disputes with the school district through mediation or due process hearings.

9.) Discipline Provisions: IDEA includes specific provisions regarding the discipline of students with disabilities, ensuring that disciplinary actions are fair and do not discriminate against students based on their disability.

10.) Early Intervention (EI): IDEA provides for early intervention services for infants and toddlers with disabilities, as well as their families.

Child Find

Child Find is a component of the Individuals with Disabilities Education Act (IDEA) that requires states to identify, locate, and evaluate all children with disabilities who reside in the state and who are in need of special education and related services. This includes children from birth to 21 years old.

Department of Health: birth to 3 years old- “help me grow” - early intervention services for infants and toddlers with disabilities to address developmental delays or disabilities as early as possible.

Preschool: 3-6th birthday-special education services are provided through the local school district.

School: 5+ years old- school-aged children who are suspected of having a disability are evaluated by the school district to determine eligibility for special education and related services.

Special Education Related Services

Special Education Related Services are essential components of a child's Individualized Education Program (IEP), designed to enable the child to receive a Free Appropriate Public Education (FAPE). These services are provided to support the child's educational needs and help them benefit from their special education program. Related services encompass a wide range of supports, including but not limited to speech-language pathology, audiology, psychological services, occupational therapy, physical therapy, counseling services, school health services, social work services in schools, and parent counseling and training.

It is important to note that related services do not include medical devices that are surgically implanted or their replacement.

A Guide to Parental Rights in Special Education

This guide prepared by the Ohio Department of Educations Office for Exceptional Children (ODE/OEC) puts IDEA’S main points in terms parents can understand. It is also known as “Procedural Safeguard Notice”.

Intellectual Disability

Diagnosed by looking at the ability of a person’s brain to learn, think, solve problems, and make sense of the world (IQ). And also if the individual has the skills to live on their own (adaptive behavior).

*Scoring below 70 to 75 are thought to have an ID

Deafness

Hearing Impairment that is so severe that the child is unable to process language through hearing with or without amplification and the child’s educational performance is effected.

Hearing Impairment

Impairment in hearing (permanent or fluctuating) that adversely affects a child’s educational performance but is not included as “Deafness”.

Deaf Blindness

Combined hearing and visual impairment causing severe communication, developmental, and educational challenges, such that the child cannot be accommodated in programs for solely deaf or blind children.

Example: Helen Keller

Emotional Disturbance

A condition showing one or more of the following characteristics for 6 months or longer…

a.) inability to learn that cannot be explained by intellectual, sensory, or health factors

b.) inability to build or maintain relationships

c.) inappropriate types of behavior or feelings under normal circumstances

An ED includes schizophrenia.

Multiple Disabilities

The term 'multiple disabilities' refers to the presence of two or more impairments occurring simultaneously in an individual, which creates significant educational needs that cannot be accommodated in special education programs solely designed for one of the impairments.

This combination excludes deaf-blindness but may include combinations such as intellectual disability with orthopedic impairment, or speech/language impairment with emotional disturbance. Each of these combinations presents unique challenges that require a multifaceted approach to assessment, instruction, and support to ensure effective educational progress and development.

Orthopedic Impairment

A severe orthopedic impairment that adversely affects a child’s educational performance. This can be caused by congenital anomaly, club foot, impairments caused by disease, or other causes (fractures, amputation, burns, etc).

Other Health Impairment (OHI)

Limited strength, vitality, or alertness due to chronic or acute health problems from asthma, ADHD, ADD, epilepsy, or a heart condition.

Traumatic Brain Injury (TBI)

Including stroke, anoxia, meningitis, and aneurysm that have caused the individual to have a total or partial disability. But it does not include brain injuries induced by birth trauma.

Vision Impairment (Blindness)

Physical eye condition that affects the visual function to the extent that Special education placement are required in school setting.

*20/70 or worse in the better eye with correction

Specific Learning Disability (SLD)

Specific Learning Disability (SLD) encompasses neurological conditions affecting learning processes, including perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. Identification of SLD often involves Response to Intervention (RTI) strategies.

It's important to differentiate SLD from learning problems primarily resulting from visual, hearing, or motor impairments, intellectual disability (ID), emotional disturbance (ED), environmental factors, cultural influences, or economic disadvantage. SLD is characterized by difficulties in specific academic skills despite adequate intelligence, motivation, and educational opportunities.

School Age Eligibility Categories

Autism, ID, Deafness, HI, Deaf Blindness, ED, Multiple Disabilities, Orthopedic Impairment, OHI, Speech or Language Impairment, TBI, Vision Impairment, SLD

Pre-school Age eligibility categories

1.) Meets the criteria of a disability category

2.) Found eligible for cognitive disability, ED, or speech language impairment —> no further testing is needed

3.) Not a fit in a disability category but has a deficit in physical cognition, communication, social, emotional development, or a deficit in adaptive behavior.

Methods used to confirm eligibility

Structured interview with guardian, criterion referenced evaluation, Norm referenced tests, structured observations, information from Help Me Grow if transitioning to preschool.

Ethics in Eligibility Examples

• Student is better labeled as an OHI but the parent insists on CD due to the SSI benefits

• Parent wants to access the ASD scholarship and wants Autism as a disability category

• Parent is afraid of the CD label so team decides to go with SLI

1997 Amendment to IDEA

The 1997 IDEA amendments improved education for disabled children by enhancing parental involvement, discipline procedures, integration, transition services (starting at age 14), assessment participation, and professional development to ensure quality education and safeguard rights.

Accommodations vs. Modifications

Accommodations change HOW a student learns (e.g., extra time), while modifications change WHAT

Questions to ask before selecting accommodations and modifications…

1.) Is it feasible to ask the teacher to do this?

2.) What strategies can I use to motivate the child so that they continue to use over time?

3.) Am I working toward promoting independence?

4.) Am I working toward being able to fade out or eliminate these?

5.) How will I communicate the purpose of these to the student, parent, teacher, etc.?

6.) How do these fit with the goals and objectives?

7.) Will these detract from the learning of other students in the class?

8.) How and when can I implement these so that they do not put the student in an unfavorable light?

9.) Am I evaluating the effectiveness of these on an ongoing basis?