GCU-EAD-505

IDEA and Group 3

CrystalCartner, Adam Clonts, Kelley
Section 504 Ouradnik
October 7, 2019
 Overview
History of 504
History of Idea
FAPE
Section 504 - Purpose, How Students
Qualify
IEP - Purpose, How Students Qualify
Legal Rights
Responsibilities of Teachers
Case Analysis
References
 History of IDEA
• 1954- Brown v Board of Education of Topeka
• 1965- The Elementary and Secondary Education Act (ESEA)
• 1971- Park v. Penn
• 1975- The Education for All Handicapped Children Act, originally known as Public Law 94-142
• 1986- Handicapped Children’s Protection Act
• 1990- Public Law 101-476 amended the Education for All Handicapped Children Act.
• 1997- The Education for all Handicapped Children’s Act became the Individuals with Disabilities
Education Act.
• 2004- IDEA was amended for early intervention for students, greater accountability and improved
educational outcomes,
(Timeline of the Individuals with Disabilities Education Act (IDEA)
 History of 504
• 1964- Title IV was amended into the Civil Rights Act to provided equal educational
opportunities to students with handicaps.
• 1973- Rehabilitation Act amended Title IV
• 1974- Rehabilitation Act amended to prohibit discrimination against public school
students.
• 1979- Health Education and Welfare (HEW) began to require compliance under Title
IV.
• 1980- Advocacy groups advocated for ADD/ADHD services to be included into Title IV.
• 1990- US D.O.E. amended public law (94-142) ADHD students can qualify for Section
504
• 1997- IDEA becomes the official Title of the Law formally known as (94-142) 2004-
IDEA amended for early intervention and raised student and teacher standards.
 ALL ABOUT FAPE

• Free Appropriate Public Education (FAPE)

• Provides Special Education to meet the unique needs of each
child.
• Provides services related to special education, such as speech
therapy, OT, PT, etc.
• Provides accommodations and modifications that help your child
learn and participate in the general education curriculum.
• FAPE allows parents or guardian to help create their child’s IEP
• Teach your child in the Least Restrictive Environment (LRE).
What FAPE Does Not Require
Schools to Do
• Provide the best services possible or “maximize” a
child’s potential.
• FAPE does not allow the parent to choose the
program or class setting for their child.
• Guarantee a child a spot in an extracurricular
activity or sport.
(Lee, 2019)
 What is an IEP?
• IEP – Individualized Education Plan – legal document that describes the instructional
needs for a student with a disability
• Planned to protect and support a student with a disability.
Disability must impact education and student needs specialized instruction
• LRE – Least Restrictive Environment
“The primary objective is to provide children with disabilities an opportunity to
interact, socialize, and learn with “regular” students, thus minimizing the tendency to
become stigmatized and isolated from the school’s regular program” (Essex pg 136).
• General Ed Teachers are responsible to carry out the accommodations
• An IEP is developed through a team approach including but not limited to parents,
classroom teacher(s), special education teacher, administrator.
 What is a 504 plan?
• 504 plans – Civil Rights Law to protect the rights of students with disabilities.

“A disability is defined as a physical or mental impairment that substantially

limits one or more major life activities. Major life activities may include but
are not limited to caring for oneself, performing manual tasks, seeing,
hearing, eating, sleeping, walking, standing, sitting, reaching, lifting,
bending, speaking, breathing, learning, reading, concentrating, thinking,
communicating, interacting with others, and working” (Essex,2016, p 150).

• Students do not get individualized instruction through 504 plans, but

obstacles are removed.
• Accommodations are provided to allow students with disabilities to learn
together with their peers.
 Legal Rights
504 IEP
 Access to same education as peers  Individualized instruction when
 Accommodations to curriculum needed
 Accommodations and modifications
 evaluations provided through school at
to curriculum
no costs to parents
 Parents are not required to be part of  Evaluations provided through school
the planning process at no costs to parents

 Equal opportunity to participate in  Parents are part of the iep team

clubs and sports  Goals are included to measure
progress
Responsibility of Teachers

• Teachers are responsible for reading,

understanding and following through on plans for
both IEP and 504.
• Teachers do not have a choice to follow either
type of plan.
• Cannot change IEP without parent input
• Parental consent is needed to conduct evaluation
CASE STUDIES

• Board of Education of the Hendrick Hudson

Central School District v. Rowley (1982)

• Irving Independent School District v. Tatro,

1984
 CASE ANALYSIS:
When a Student’s Rights are Wronged

Miguel is a high school student that has returned to school after a football injury and is now in a
wheelchair. His mother had already made the school aware that he would be in a wheelchair and would
need wheelchair access to his classes. Upon his return the building to Biology had no wheelchair access so
the school changed his schedule. The school is in violation of Section 504.

“School districts should ensure that architectural barriers do not prevent or otherwise qualify individuals
who are disabled from rendering services or participating in programs or activities provided by the
district” (Essex, 2016, p 149). This means that Nottingham High cannot use the fact that there is not a
wheelchair ramp on the Biology building to keep Miguel from attending the course. To promote
collaboration, trust, learning, and high expectations the CLC is recommending that the Biology class be
moved to another place that has wheelchair access. This will allow for architectural changes be made to
the other building so that there will always be wheelchair access in the future. By moving the classroom,
Miguel is allowed to have his original schedule back and be reinstated in the Biology course. The school
will now be in compliance with Section 504 Rehabilitation Act and be providing accommodations that
meet Miguel’s needs.
Board of Education of the Hendrick Hudson Central School District v. Rowley. (1982). Retrieved from:
https://www.britannica.com/topic/Board-of-Education-of-the-Hendrick-Hudson-Central-School-District-v-Rowley

Chapman, R. (2008) The everyday guide to special education law (2 nd ed.). Denver: The Donohue Group, Inc.

Essex, Nathan L. (2016). School law and the public schools: A practical guide for educational leaders. Pearson Education Inc.

Davis-Barr, K. (2015, July 1). The differences between 504 plans and IEPs. Retrieved

from https://www.raisingarizonakids.com/2015/07/differences-between-504-plans-and-ieps/.

Irving Independent School District v. Tatro. (1984). Retrieved from: https://www.britannica.com/topic/Irving-Independent-School-

District-v-Tatro

Jacob, S. & Hartshorne, T.S. (2007). Ethics and law for school psychologist (5th ed.). New York: Wiley.

Lee, A. M. (2019, October 04). What Is and Isn't Covered Under FAPE. Retrieved from https://www.understood.org/en/school-

learning/your-childs-rights/basics-about-childs-rights/what-is-and-isnt-covered-under-fape

Timeline of the Individuals with Disabilities Education Act