When a student’s rights are

wronged case analysis

Alyssa Myers
Grand Canyon University - Educational Law - EAD:505
Wednesday, June 24th, 2020
 This presentation will give you an understanding of:

● Individuals with Disabilities Education Act

● Section 504 of the Rehabilitation Act of 1973

● Free Appropriate Public Education (FAPE)

Objectives: ● Staff Responsibilities/Who is Involved

● Who qualifies for IEPs/504 Plans and How?

● Modifications and Accommodations

● Staff Resources

● How Miguel Hernandez’ Case Relates to FAPE

Similarities:
❏ No cost to families

❏ Includes SWD

❏ Eligibility requirements

❏ Blueprint or plan

❏ Consent for evaluation

❏ Reviewed each year

❏ Protected under IDEA
❏ Specific requirements
Differences:
❏ Eligibility ❏ Protected under Section 504
❏ IEP Team ❏ Broad requirements:
❏ Specialized instruction ❏ Eligibility
❏ Funding ❏ 504 Team 504 Plans
❏ Plan includes:
❏ Education Goals
IEPs ❏ Changes to learning
environments
❏ Current performance
❏ Plan includes:
❏ Accommodations and
❏ Accommodations
Modifications
❏ Person providing services
❏ Details of Service
❏ Person monitoring
❏ Testing Accommodations
implementation
❏ General Education Setting
❏ No funding
 Free appropriate public education:
Individuals with disabilities
Section 504 of
Education act (IDEA):
REHABILITATION ACT OF 1973:
❏ FAPE for students aged
three to twenty-one
❏ SWD entitled to FAPE
❏ Provides SWD with:
❏ Accommodations ❏ FAPE ensured through
❏ Modifications Section 504
❏ IEP
❏ LRE
 MODIFICATIONS
❏ Change expectations based
on individual student needs
❏ Alternate resources
❏ Modify grading
❏ Reword questions
❏ Provide word bank
OTHER
❏ Speech Therapy
❏ Occupational Therapy
❏ Counseling
❏ Psych Services
ACCOMMODATIONS
❏ Provide equal access to
learning through variations such as:
❏ Time, Input, Output, Size
❏ Behavior management support
❏ Preferential Seating
❏ Extended time
❏ Outlined notes
❏ Reduce number of questions
❏ Modified textbooks
❏ Audio-book options
❏ Verbal testing
Examples of services:
Individuals with Disabilities
Education Act (IDEA)
 Origin of Individuals with Disabilities Education Act:
❏ Education for All Handicapped Children Act (EAHCA)

❏ Individuals with Disabilities Education Act (IDEA)

❏ Individuals with Disabilities Education Improvement Act (IDEIA)

❏ Free and Appropriate Public Education (FAPE)

❏ Least Restrictive Environment (LRE)

Summary of Individuals with Disabilities education act:
❏ Federal law providing SWD a FAPE

❏ Special Education Services -Free Appropriate Public Education

-Appropriate Evaluation
❏ Birth to Age two
-Individualized Education Plans
❏ Age three to twenty-one
-Least Restrictive Environment

-Parent Participation

-Procedural Safeguards
Staff involved in IDEA & Their Responsibilities:
❏ Federal and State Agencies
❏ State Department of Education
❏ School District
❏ Local School/Principal
❏ Agency Representative
❏ Special Education Teacher
❏ General Education Teacher
 Staff involved in Individualized education plans:
❏ Strict Requirements for IEP Team:
❏ Parent/Guardian
❏ The child (not mandatory)
❏ General Education Teacher
❏ Special Education Teacher
❏ School Psychologist/Specialist
❏ District Representative/SpEd Services
Who qualifies and how?
Legal Special Education Process:
❏ Evaluation
❏ Teacher referral/Interventions ❏ Initial IEP Meeting
❏ Special Education Teacher
❏ School Psychologist ❏ Development of IEP

❏ Eligibility Meeting ❏ Special Services are:

❏ Provided
❏ Monitored
❏ Reevaluated
 Section 504 of the
rehabilitation Act of 1973
Origin of section 504 of the rehabilitation act of 1973
❏ The First disability civil rights law to be enacted in the USA

❏ Prohibits discrimination against people with disabilities

❏ Applies to all programs that receive federal funding

Description of Section 504 of the rehabilitation act
● Department of Civil Rights

● Provides FAPE for students with disabilities

● Prohibits discrimination in programs and activities

● Requires schools to find and evaluate students and offer

accommodations, modifications, and related services
Staff responsibilities and who is involved with Section 504
❏ Principal/Administration- Be knowledgeable, assist, and oversee

❏ General Education Teacher- Find, evaluate, accommodate, and interact

❏ SAT/504 Coordinator- Schedule, supervise, evaluate, and interact

❏ Contract Employees- Pull students, conduct services, and evaluate

❏ SLP
❏ OT
❏ School counselors
 Who Qualifies and How do you get a 504?
,lll
Who Qualifies?
❏ Any child with a disability
❏ Disability must interfere with child’s ability to
learn in a general education classroom
❏ One or more disabilities that interfere
with learning.

How to Get a 504 Plan:

❏ Formal request from parent or teacher
❏ Evaluate student to determine qualifications
❏ Assemble team and meet
❏ Implement accommodations, modifications,
and services
IDEA Resources: Section 504 Resources:
- Accommodations and - 10 Ways to Be an
Modifications for SWD Effective Advocate for
Your Child
- Parent Guide - IDEA
- Section 504 Sample
- Educator Resources
Accommodations and
- Parent Training Center Modifications

- District Policies - What is a 504 Plan?

 ELCC & PSEL Standards:
ELCC Standards PSEL Standards

❏ ELCC 3.3: ❏ Standard 1: Mission,

Policies/Procedures Vision, or Core Values
❏ ELCC 4.3:
❏ Standard 7: Professional
Collaboration
Community for
Teachers and Staff
Miguel Hernandez Case Study:
Miguel Hernandez was a typical
sophomore at Nottingham High
School. During a football game, he
was injured, which led him to be
paralyzed. How will the school
respond to his disability?
Click here to review the case study.
 Questions to consider:
1. What should have been done prior to Miguel coming
back to school?
2. How could the attorney situation have been avoided?
3. Does Miguel qualify for an IEP under IDEA?
4. Does Miguel qualify for services under ADA?
5. Does Miguel qualify for a 504 Plan?
6. Is the school responsible for Miguel’s injury as it
relates to the cost of surgery and rehabilitation?
7. How would you resolve this issue?
Arizona Department of Education. (2020). Exceptional Student Services: Disability Categories. Retrieved from References
https://www.azed.gov/specialeducation/disability-categories/

DREDF Section 504 of the Rehabilitation Act of 1973. (2020). Retrieved from

https://dredf.org/legal-advocacy/laws/section-504-act-of-1973

Education Regional Center 13. (2019). What is the Special Education Process? What’s So Special. Retrieved from

https://whatssospecial.org/project/special-education-process/

Essex, N.L. (2016). School law and the public schools: A practical guide for educational leaders. (6th ed.) Upper

Saddle River, NJ: Pearson Education Inc.

Hanson, K. (2009). Casebook for School Leaders: Linking the ISLLC Standards to Effective Practice. (3rd ed.).

Kessler, E. (n.d.). Examples of Accommodations & Modifications. Smart Kids with Learning Disabilities, Inc. Westport, CT.

Retrieved from https://www.smartkidswithld.org/getting-help/the-abcs-of-ieps/examples-of-accommodations-modifications/

Kessler, E. & Schneider, M. (n.d.). IEP Planning: Accommodations and Modifications. Smart Kids with Learning References
Disabilities, Inc. Westport, CT. Retrieved from https://www.smartkidswithld.org/getting-help/the-abcs-of-ieps/

Kupper, L, & Kohanek, J. (2020). The IEP Team Members. WETA Public Broadcasting. Retrieved from

https://www.readingrockets.org/article/iep-team-members

M.L. v. Federal Way School District. (2004). Alliance for Children’s Rights. (2020). Retrieved from

https://kids-alliance.org/wp-content/uploads/2018/04/SpecialEd_Summary_Federal-Way-SD-Attorney.pdf

Musgrove, M. (n.d.). Who Ensures Schools Follow Special Education Law? Understood For All, Inc. New York, NY. Retrieved from

https://www.understood.org/en/school-learning/special-services/504-plan/what-is-a-504-plan

National Policy Board for Educational Administration (2015). Professional Standards for Educational Leaders.

Retrieved from http://www.npbea.org/wp-content/uploads/2017/06/Professional-Standards-for-Educational-Leaders_2015.pdf

National Policy Board for Educational Administration. (2011). Educational Leader Program Standards: Building Level. NPBEA.

Retrieved from http://www.npbea.org/wp-content/uploads/2019/01/ELCC-Building-Level-Standards-2011.pdf

Saleh, M., J.D., M.S. (n.d.). Your Child’s Rights: 6 Principles of IDEA. Smart Kids with Learning Disabilities, Inc.
References
Retrieved from https://www.smartkidswithld.org/getting-help/know-your-childs-rights/your-childs-rights-6-principles-of-idea/

School Psychologist Files. (2020). Which is better, a 504 Plan or an IEP? Retrieved from:

http://schoolpsychologistfiles.com/which-is-better-a-504-plan-or-an-iep/

Schuster, S. (2020). Individuals with Disabilities Education Act: IDEA. Mind42. Retrieved from

https://mind42.com/public/37f4a571-ccd3-416e-9544-39b22286668a

Section 504 Sample Accommodations and Modifications. (n.d.). Retrieved from

http://www.warmlinefrc.org/uploads/5/9/5/8/5958794/section_504_accomodations.pdf

Texas Council for Developmental Disabilities. (2013). Specific Roles of Special Educations in Serving Students with Disabilities

and their Parents. Project IDEAL. Retrieved from http://www.projectidealonline.org/v/specific-roles-special-educators/

Understood Team. (2020). The Difference Between IEPs and 504 Plans. Understood For All, Inc. New York, NY. Retrieved from

https://www.understood.org/en/school-learning/special-services/504-plan/the-difference-between-ieps-and-504-plans
Understood Team. (2020). What Is a 504 Plan?. New York, NY. Understood for All, Inc. Retrieved from References
https://www.understood.org/en/school-learning/special-services/504-plan/what-is-a-504-plan

Understood Team. (2020). 10 Ways to Advocate for Your Child. New York, NY. Understood for All, Inc. Retrieved from

https://d3jc3ahdjad7x7.cloudfront.net/vMRND0WhmSKzpFyAKorhDK1xsaY0avFLhGcq8MA2JppMQAoZ.pdf

US Department of Education. (2010). Free Appropriate Public Education for Students With Disabilities: Requirements Under Section 504

of The Rehabilitation Act of 1973. (Publication NO. 1). Retrieved from

https://www2.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html

U.S. Department of Education. (n.d.). History of the IDEA. IDEA; Individuals with Disabilities Education Act. Retrieved from

https://sites.ed.gov/idea/about-idea/#IDEA-History

U.S. Department of Education. (n.d.). Statute and Regulations. IDEA; Individuals with Disabilities Education Act. Retrieved from

https://sites.ed.gov/idea/statuteregulations/