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IDEA- The Individuals with Disabilities Education Act
ADA-Americans with Disabilities Act
SECTION 504 OF THE REHABILITATION ACT OF 1973
1997- Reauthorization of the IDEA -impact on deaf and hard
of hearing student
Impact of IDEA Reauthorization on North Carolina-ECAC
Early
Intervention Funding/Referral
12.32A
Senate Bill 1366
Page 115
"The North Carolina Schools for the Deaf and other agencies providing
early intervention services for children birth through five years of age shall
implement procedures to insure that:
1. Parents of children newly identified with hearing loss and determined to
be eligible for services are informed of the services available to them
through Beginnings for Parents of Hearing Impaired Children, Inc., (otherwise
known as Beginnings For Parents of Children Who are Deaf or Hard of Hearing,
Inc.) and
2. Beginnings for Parents of Hearing Impaired Children, Inc. with the
consent of parents is notified of these children in a timely and appropriate
manner."
IDEA
There are laws that protect the rights of the disabled. It is important
for parents and professionals to be familiar with these laws in order to protect
the rights of deaf and hard of hearing children.
The Individuals with Disabilities Education Act (IDEA)
Six principles of the IDEA. Part C-birth -3, Part B-3-21.
1. Free Appropriate Public Education (FAPE)-right for child to receive
a public education at no expense to the family.
2. Appropriate Evaluation- protects the child's rights to be tested
fairly, in a timely manner, and not to be over tested.
3. Individualized Education Program (IEP)- a written plan is required
for each child receiving special education services.
4. Least Restrictive Environment (LRE)- a child with a disability
has the right to be educated with non-disabled peers unless "the nature or
severity of the disability is such that education in regular classes with the
use of supplementary aids and services cannot be achieved satisfactorily".
5. Parent and student participation- "the Congress finds the
following:. . . Over 20 years of research and experience has demonstrated that
the education of children with disabilities can be made more effective by . . .
strengthening the role of parents and ensuring that families of such children
have meaningful opportunities to participate in the education of their children
at school and at home". [IDEA 97, Findings, 601 (c)(5)(B)]
6. Procedural Safeguards-(due process) details the procedures to follow
to resolve disputes between families and school districts.
For more information about IDEA visit US
Dept. of Education's homepage.
1997 Reauthorization of
IDEA-Impact on Deaf and Hard of Hearing Students-
The IDEA (Individuals with Disabilities Education Act)
has had some changes that have recently taken effect. You may hear it referred
to as the 1997 reauthorization. A couple of things that effect deaf and hard of
hearing children are as follows.
"language and communication needs, opportunities for direct
communications with peers and professional personnel in the child’s language
and communication mode, academic level, and full range of needs, including
opportunities for direct instruction in the child’s language and
communication mode."
The 1997 Amendments also require the IEP team to consider whether the child
requires assistive technology devices and services.
Children enrolled in private schools no longer automatically
get services from the public schools. The school district must agree that they
cannot provide services for the child and that the private school is the
better setting. This doesn't mean that a school district won’t provide
services but they don’t have to if they weren’t involved in the decision
to place the child in the private school.
Please visit the US Dept. of
Education Homepage to obtain more information about the 1997
Reauthorization of the IDEA.
IMPACT of IDEA
Reauthorization on NC - ECAC- exceptional children's assistance center
1. Revision of NC special education decision
making/placement process- New Individualized Education Program Team replaces
School Based Committee and Administrative Placement
2. New process for reevaluation- No longer an "automatic"requirement
for testing. IEP Team (including parents) must gather information that is
necessary for appropriate education programming and determine if any further
information is needed.
3. Major changes in IEPs including
- new focus on "general curriculum"
- special factor to be considered
- benchmarks can be used along with/instead of objectives
- placement decisions must be based on why the student is being
removed from regular education instead of why the student needs
special education
- new state recommended IEP form
4. Progress Reports to Parents- Parents must receive
reports of progress toward IEP goals as often as other
students receive report cards.
5. Discipline- Significant changed how
students with disabilities can be disciplined. Changed include
requirements for functional behavior assessments and positive behavior supports
for some students.
6. Mediation- New two tier system of mediation
created by new state law. Independent mediators are available before a
parent files for due process and law judges will offer mediation after due
process is filed.
ED389142 Jun 95 Overview of ADA, IDEA, and Section 504.
ERIC Digest E537.
Author: Henderson, Kelly
ERIC Clearinghouse on Disabilities and Gifted Education, Reston, VA.
ERIC 1-800-LET-ERIC
AMERICANS WITH DISABILITIES ACT OF 1990
(ADA)
TYPE/PURPOSE--A civil rights law to prohibit discrimination solely on the basis
of disability in employment, public services,
and accommodations.
WHO IS PROTECTED?--Any individual with a disability who: (1) has a physical or
mental impairment that substantially limits
one or more life activities; or (2) has a record of such an impairment; or (3)
is regarded as having such an impairment. Further,
the person must be qualified for the program, service, or job.
RESPONSIBILITY TO PROVIDE A FREE, APPROPRIATE PUBLIC EDUCATION
(FAPE)?--Not directly. However, (1) ADA protections apply to nonsectarian
private schools, but not to organizations or
entities controlled by religious organizations; (2) ADA provides additional
protection in combination with actions brought under
Section 504 and IDEA. Reasonable accommodations are required for eligible
students with a disability to perform essential
functions of the job. This applies to any part of the special education program
that may be community-based and involve job
training/placement.
FUNDING TO IMPLEMENT REQUIREMENTS?--No, but limited tax credits may be available
for removing architectural
or transportation barriers. Also, many federal agencies provide grant funds to
support training and to provide technical
assistance to public and private institutions.
PROCEDURAL SAFEGUARDS--The ADA does not specify procedural safeguards related to
special education; it does
detail the administrative requirements, complaint procedures, and the
consequences for noncompliance, related to both
services and employment.
EVALUATION/PLACEMENT PROCEDURES--The ADA does not specify evaluation and
placement procedures; it does
specify provision of reasonable accommodations for eligible students across
educational activities and settings. Reasonable
accommodations may include, but are not limited to, redesigning equipment,
assigning aides, providing written communication
in alternative formats, modifying tests, redesigning services to accessible
locations, altering existing facilities, and building new
facilities.
DUE PROCESS--The ADA does not delineate specific due process procedures. People
with disabilities have the same
remedies that are available under Title VII of the Civil Rights Act of 1964, as
amended in 1991. Thus, individuals who are
discriminated against may file a complaint with the relevant federal agency or
sue in federal court. Enforcement agencies
encourage informal mediation and voluntary compliance.
INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA)
TYPE/PURPOSE--An education act to provide federal financial assistance to State
and local education agencies to guarantee
special education and related services to eligible children with disabilities.
WHO IS PROTECTED?--Children ages 3-21 who are determined by a multidisciplinary
team to be eligible within one or
more of 13 specific categories of disability and who need special education and
related services. Categories include autism,
deafness, deaf-blindness, hearing impairments, mental retardation, multiple
disabilities, orthopedic impairments, other health
impairments, serious emotional disturbance, specific learning disabilities,
speech or language impairments, traumatic brain
injury, and visual impairment.
RESPONSIBILITY TO PROVIDE A FREE, APPROPRIATE PUBLIC EDUCATION
(FAPE)?--Yes. A FAPE is defined to mean special education and related services.
Special education means "specially
designed instruction, at no cost to the parents, to meet the unique needs of the
child with a disability...." Related services are
provided if student's require them in order to benefit from specially designed
instruction. States are required to ensure the
provision of "full educational opportunity" to all children with
disabilities.
IDEA requires the development of an Individualized Education Program (IEP)
document with specific content and a required
number of specific participants at an IEP meeting.
FUNDING TO IMPLEMENT REQUIREMENTS?--Yes. IDEA provides federal funds
under Parts B and C to assist State
and local education agencies in meeting IDEA requirements to serve infants,
toddlers, children, and youth with disabilities.
PROCEDURAL SAFEGUARDS--IDEA requires written notice to parents regarding
identification, evaluation, and/or
placement. Further, written notice must be made prior to any change in
placement. The Act delineates the required
components of the written notices.
EVALUATION/PLACEMENT PROCEDURES--A comprehensive evaluation is required. A
multidisciplinary team evaluates
the child, and parental consent is required before an initial evaluation. IDEA
requires that reevaluations be conducted at least
every 3 years. A reevaluation is not required before a significant change in
placement.
For evaluation and placement decisions, IDEA requires that more than one single
procedure or information source be used;
that information from all sources be documented and carefully considered; that
the eligibility decision be made by a group of
persons who know about the student, the evaluation data, and placement options;
and that the placement decision serves the
student in the least restrictive environment. An IEP review meeting is required
before any change in placement.
DUE PROCESS--IDEA delineates specific requirements for local education agencies
to provide impartial hearings for parents
who disagree with the identification, evaluation, or placement of a child.
SECTION 504 OF THE REHABILITATION ACT OF
1973
TYPE/PURPOSE--A civil rights law to prohibit discrimination on the basis of
disability in programs and activities, public and
private, that receive federal financial assistance.
WHO IS PROTECTED?--Any person who (1) has a physical or mental impairment that
substantially limits one or more major
life activities, (2) has a record of such an impairment, or (3) is regarded as
having such an impairment. Major life activities
include walking, seeing, hearing, speaking, breathing, learning, working, caring
for oneself, and performing manual tasks.
RESPONSIBILITY TO PROVIDE A FREE, APPROPRIATE PUBLIC EDUCATION
(FAPE)?--Yes. An "appropriate" education means an education comparable
to that provided to students without disabilities.
This may be defined as regular or special education services. Students can
receive related services under Section 504 even if
they are not provided any special education.
Section 504 does require development of a plan, although this written document
is not mandated. The Individualized Education
Program (IEP) of IDEA may be used for the Section 504 written plan. Many experts
recommend that a group of persons
knowledgeable about the students convene and specify the agreed-upon services.
FUNDING TO IMPLEMENT REQUIREMENTS?--No. State and local jurisdictions have
responsibility. IDEA funds may
not be used to serve children found eligible only under Section 504.
PROCEDURAL SAFEGUARDS--Section 504 requires notice to parents regarding
identification, evaluation, and/or
placement. Written notice is recommended. Notice must be made only before a
"significant change" in placement. Following
IDEA procedural safeguards is one way to meet Section 504 mandates.
EVALUATION/PLACEMENT PROCEDURES--Unlike IDEA, Section 504 requires only notice,
not consent, for
evaluation. It is recommended that districts obtain parental consent.
Like IDEA, evaluation and placement procedures under Section 504 require that
information be obtained from a variety of
sources in the area of concern; that all data are documented and considered; and
that decisions are made by a group of
persons knowledgeable about the student, evaluation data, and placement options.
Section 504 requires periodic
reevaluations, but does not specify any timelines for placement. Section 504
requires that students be educated with their
nondisabled peers to the maximum extent appropriate. Section 504 does not
require a meeting or any change in placement.
DUE PROCESS--Section 504 requires local education agencies to provide impartial
hearings for parents who disagree with
the identification, evaluation, or placement of a student. It requires that
parents have an opportunity to participate in the hearing
process and to be represented by counsel. Beyond this, due process details are
left to the discretion of the local education
agency. It is recommended that districts develop policy guidance and procedures.
INFORMATION LINES
The ADA Information Line, 1-800-514-0301 (voice); 1-800-514-0383 (TDD).
US Equal Employment Opportunity Commission (ADA), 1-800-669-4000.
RESOURCES
Council of Administrators of Special Education, Inc. (1991). Student access: A
resource guide for educators, Section 504 of
the Rehabilitation Act of 1973. Albuquerque, NM: Author.
Council for Exceptional Children, Department of Public Policy. (1994). The
rights of children with disabilities under ADA and
Section 504: A comparison to IDEA. Reston, VA: Author.
ERIC Clearinghouse on Disabilities and Gifted Education. (1992). Legal
foundations 1: Section 504 of the Rehabilitation Act
and the Americans with Disabilities Act. Reston, VA: Author.
Morrissey, P. (1993). The educator's guide to the ADA. Alexandria, VA: American
Vocational Association.
National Association of State Directors of Special Education. (June 1992). The
Americans with Disabilities Act: New
challenges and opportunities for school administrators. Liaison Bulletin, 18(4).
US Equal Employment Opportunity Commission & US Department of Justice, Civil
Rights Division. (1992). The Americans
with Disabilities Act: Questions and answers (EEOC Publication No. EEOC-BK-15).
Washington, DC: Author.
Washington State Department of Education. (Sept. 1993). Meeting the needs of all
students. Olympia, WA: Author. West, J.
(1994).
Kelly Henderson, M.Ed., is a former staff member of The Council for Exceptional
Children, Department of Public Policy.
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ERIC Digests are in the public domain and may be freely reproduced and
disseminated. This publication was prepared with
funding from the Office of Educational Research and Improvement, U.S. Department
of Education, under contract no.
RR93002005. The opinions expressed in this report do not necessarily reflect the
positions of policies of OERI or the
Department of Education
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