Individuals with Disabilities Education Act:

Students’ Rights
Necla Kucuk
 Welcome!
Before we dive in… Think about these scenarios…
1. A parent is upset because a student with exceptionalities is interrupting
the learning environment of their student within the general education
classroom.
2. A student was recently involved in an accident that resulted in paralysis
and the need for a wheelchair. Our school does have ramps nor elevators,
how do we proceed? (See case study 38 summary on slides 9-10)
3. A student with severe behavioral needs has parents who have refused an
evaluation even after having been presented with many months of data
demonstrating their child's misbehavior. What happens next?
 What is IDEA?
IDEA = Individuals with Disabilities Education Act of 1997

IDEA have 6 major purposes of existence:

History of IDEA:
● Implemented in 1997, this law makes
available a free appropriate public
education to eligible children with
disabilities throughout the nation and ● Assist states and local districts to provide for the
ensures special education and related
services to those children.” (U.S.
Department of Education).
● Districts and Schools receive funding
to help provide the necessary
services for these students who
qualify.
● Assure students with disabilities have access to a
free and appropriate education
● Assure the rights of students with disabilities and
their parents are protected
education of students with disabilities
● Assist states with statewide intervention services
for students and their families.
● Assure that teachers and parents have the tools
necessary to improve academic results.
● Assess and ensure effectiveness of efforts to
educate children with disabilities
What Disabilities Qualify under IDEA?
7. Multiple Disabilities

1. Autism
8. Orthopedic Impairment
2. Deaf-Blindness
9. Other Health Impairment
3. Deafness
10. Specific Learning Disability
4. Emotional Disturbance
11. Speech or Language Impairment
5. Hearing Impairment
12. Traumatic Brain Injury
6. Intellectual Disability
13. Visual Impairment (Including Blindness)
 What is Section 504 of the Rehabilitation Act of 1973?
Section 504 of the Rehabilitation Act of 1973 is a civil rights law to protect
individuals that qualify from discrimination based on their disability.
According to the Texas Education Agency, the signing of the Rehabilitation Act of 1973 provided
protection by ending discrimination against individuals with disabilities in the United States. With
this law in place, it will guarantee ours students to better educational opportunities.

Think of your students in the following ways

● Their academic level
● Strategies provided
● Data driven to make educational decisions
What is the difference between an IEP and a 504 Plan?
We all know that our students come with different abilities.
Functions Individualized Educational Plan (IEP) 504 Plan

What are the functions of each A child’s special education plan for A plan to provide school support for
plan? school purpose. a student with a disability

Who is eligible? A child with a disability listed in Section 504 covers different
IDEA./ A disability affecting the struggles in schools./ The disability
child’s performance. is interfering with the students
learning.

What is in it ? modifications/accommodations /timing Accommodations with supports and

of service/annual education goals and other services for the child/ person
students academic performance level responsible for supports

Who is the creator? IEP Team A team of people who understand

the evaluation data.

What is the purpose To provide services for a child with To enable a student to learn by
needs. providing services along with their
peers.
The Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) ensures all people with disabilities
(exceptionalities) are protected against any discrimination within the public and
private sector. In 1990, this civil rights act was created to prohibit discrimination
against all people with disabilities and ensure that individuals receive
reasonable accommodations to perform essential functions. Additionally, it
protects individuals with any mental or physical impairment.
This act mentions the need for equal access to facilities, especially schools. It
states that “State and local government facilities, public accommodations, and
commercial facilities to be readily accessible to and usable by individuals with
disabilities”. (Americans With Disabilities Act, 1990)
Procedural Safeguards
The Individuals with Disabilities Education Act (IDEA) requires schools to
provide parents/guardians with a document that is called Procedural
Safeguards (Individuals with Disabilities Education Act, 2020). This
document, ensures that families know their rights. By law, we must present
this document to families when the following instances occur:
1. At least once per school year, usually during the yearly IEP meeting
2. Initial referral or the parent requests an evaluation
3. Upon receipt of a complaint or due process complaint
4. When a disciplinary action occurs that warrants a change of placement
5. Upon parent request
We have attached this important document, for the state of Arizona, HERE!
 Case 38 Analysis
A summary:
● High school student had a football injury after being tackled.
● The injury has resulted in paralyzation from the waist down of the student.
● As a result, Miguel requires the use of a wheelchair.
The problems:
● The school is changing Miguel’s schedule because the biology classroom is
not accessible by wheelchair.
● The school did not notify the parents regarding this change.
● Family is upset and is now seeking legal action.
● School administrative team must be prepared to face legal ramifications and
negative attention from the media.
 Case 38 Analysis
Solutions:
● Miguel should be granted his regular schedule and should be able to attend his
Biology class.
● School should consider finding a wheelchair accessible classroom for Miguel’s
Biology class, for the time being.
● School can consider hiring a medical paraprofessional to assist Miguel during
transitions between classes.
● Because Miguel has suffered a traumatic injury and has the medical paperwork,
the team must develop a 504 plan to ensure there are accomodations in place. He
needs equal access.
● Schools should accommodate students with disabilities and protect their rights to
receive free public education.
● Schools needs to accommodate their buildings to better serve the individuals with
disabilities.
Resources
1. Within our school building/district:
a. Collaboration between all stakeholders (families, teachers, case managers, specialists)
b. School Psychologist- An excellent way for a student's ability to learn, their mental
health, and to continue to succeed with behavioral problems.
c. Speech, physical therapy, and occupational therapy- are available if the student
demonstrates they have a need for it during their evaluation.
2. Outside of our school building:
a. Cook’s Health Clinic/Behavioral Clinic- With a clinic in the community, students will
receive the best care possible, having direct care for injuries or an illness that might
present themselves.
b. Texas Workforce Commission- Texas Workforce Solutions Vocational Rehabilitation
Services offers youth and students with disabilities to prepare for post-secondary
education and employment opportunities. Services are based upon eligibility and
needs.
c. Goodwill Industries International - Goodwill offers assistance to people in need.
Students can meet their full potential through learning and the power of work.
 Digital Resources

● More information about IDEA: https://sites.ed.gov/idea/

● Parents Rights: http://www.ldonline.org/article/8023/
● 10 ways to advocate for your child, flyer:
https://d3jc3ahdjad7x7.cloudfront.net/vMRND0WhmSKzpFyAKo
rhDK1xsaY0avFLhGcq8MA2JppMQAoZ.pdf
Need support? Have questions?

If ever you find yourself with a question regarding a student with an

exceptionality, please reach out. You are not alone!

Your administrative team, and special education team are here to support!
 References
About IDEA. Individuals with Disabilities Education Act. (2020, November 24).
https://sites.ed.gov/idea/about-idea/#IDEA-Purpose.

Agency, T. E. (n.d.). The Latest TEA News. Welcome to Texas Education Agency | Texas Education Agency.
https://tea.texas.gov/. Retrieved from https://tea.texas.gov/academics/special-student-populations/special-education

Americans With Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 328 (1990).

Geri Coleman Tucker. (2014). 10 Ways to Be an Effective Advocate for your Child. Understood.
https://d3jc3ahdjad7x7.cloudfront.net/vMRND0WhmSKzpFyAKorhDK1xsaY0avFLhGcq8MA2JppMQAoZ.pdf.

https://tea.texas.gov/academics/special-student-populations/special-education/section-504 ht
tps://www.dodea.edu/dodeaCelebrates/upload/Disabilities_Defined_IDEA.pdf

National Center for Learning Disabilities, Inc. (2006). Knowing Your Child's Rights.
http://www.ldonline.org/article/8023/.

U.S. Department of Health and Human Services (2006). Your Rights Under Section 504 of the Rehabilitation
Act[White paper].U.S. Department of Health and Human Services.
https://www.hhs.gov/sites/default/files/ocr/civilrights/resources/factsheets/504.pdf

U.S. Department of Education. (2015). IDEA - Individuals with Disabilities Education Act. Author: USDE -
https://sites.ed.gov/idea/about-idea/#IDEA-Purpose