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Transition: Understanding ADA vs. IDEA. DRUMMOND WOODSUM. Jeanne M. Kincaid. Transition to Higher Education. Child Find. IDEA

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transition understanding ada vs idea

Transition: Understanding ADA vs. IDEA

DRUMMOND

WOODSUM

Jeanne M. Kincaid

child find
Child Find
  • IDEA
    • Birth to 21 (unless student graduates with regular education diploma), State or school district has duty to locate, evaluate and identify children who are suspected of being in need of special education
  • ADA/Rehabilitation Act
    • No child find duty
      • Notice of services
import
Import
  • False assumptions on the part of the parents and/or student that institution will “find” the student
  • Concerns over who to tell
    • Thus far, courts and OCR have upheld if institution has publicized process, student must follow the process
eligibility what
Eligibility - What
  • IDEA
    • Evaluation of an impairment that falls within 1 or more of 13 categories (if State uses categories)
    • That “adversely affects educational performance”
    • To such a degree as to warrant the provision of special education
eligibility what1
Eligibility - What
  • ADA/Rehabilitation Act
    • No categories
      • Physical or mental impairment
      • Which substantially limits
      • 1 or more major life activities
eligibility standards
Eligibility - Standards
  • IDEA – eligibility often linked to student’s potential
  • ADA/Rehabilitation Act – eligibility is based upon comparison to average person
evaluations when
Evaluations – When
  • IDEA - School district responsible
    • Initial
    • Periodic, but at least every three years
      • But team may decide to waive any or all assessments
evaluations when1
Evaluations - When
  • ADA/Rehabilitation Act – Student responsibility
    • Postsecondary institutions have right to demand documentation meeting professional guidelines
import1
Import
  • Colleges and universities are seeing less comprehensive recent assessments based on changes in the IDEA
summary of performance
Summary of Performance
  • Did Congress intend to have this document supplant documentation in postsecondary settings?
    • No
sop obligation
SOP Obligation
  • To the student
  • Before s/he ages out or graduates with a regular education diploma
  • Summarize academic and functional performance
  • Include recommendations for student to achieve postsecondary goals
evaluations who
Evaluations - Who
  • IDEA - Eligibility determinations are made by a team of qualified professionals, including the parent
  • ADA/Rehabilitation Act – the institution decides
purpose idea
Purpose - IDEA
  • Access to general curriculum
  • Supports and services to enable student to meet State’s standards
  • Provision of education in the least restrictive environment
  • Standard of care: an IEP that is reasonably calculated to enable student to obtain some educational benefit
purpose ada rehabilitation act
Purpose – ADA/Rehabilitation Act
  • Access to programs, activities, services, advantages, benefits
    • No outcome expectations
    • No benefit expectations
  • Reasonable accommodation
  • No unlawful discrimination
  • Integration
consent
Consent
  • IDEA – required for evaluations and first IEP
    • School may seek override of failure or refusal to evaluate but not initial provision of services
    • New regulation – parents can opt out of services entirely at any time
  • ADA/Rehabilitation Act – Institution may not implement accommodations that student refuses
monitoring
Monitoring
  • IDEA – school is responsible for ensuring the appropriateness of the IEP and its implementation
  • ADA/Rehabilitation Act – Student is obligated to request specific accommodations, supported by documentation and institution may delegate to student responsibility to identify implementation issues
qualification standards
Qualification Standards
  • IDEA – hardly any
    • Schools may be required to provide modifications to the curriculum and lowering of standards
  • ADA/Rehabilitation Act
    • Student must meet academic and technical standards
    • Institution need not fundamentally alter program or lower standards
services offered idea
Services Offered - IDEA
  • Special education
    • Specially designed instruction to meet student’s individual needs
  • Related services
    • Evaluations, transportation, physical, speech and occupational therapies, counseling, rehabilitation, assistive technology evaluations and services, nursing services, paraprofessional assistance, etc.
services ada rehabilitation act
Services – ADA/Rehabilitation Act
  • Reasonable modifications to rules, policies and procedures
  • Services and adjustments sufficient to enable student equal access to what institution provides
  • No personal services
  • College may have undue burden defense
behavioral supports idea
Behavioral Supports - IDEA
  • Teams must consider positive interventions, strategies and supports when student’s behavior interferes with his/her learning or that of others
  • Removal from school beyond 10 school days requires
    • Functional behavioral assessment
    • Behavioral intervention plan
    • Manifestation determination
behavioral supports ada
Behavioral Supports - ADA
  • None specifically
  • Changing the student conduct code is not recognized as reasonable
goals
Goals
  • IEPs for students turning 16 must include appropriate measurable postsecondary goals in all the following areas:
    • Training
    • Education
    • Employment
  • And, if appropriate, independent living skills
      • 20 U.S.C. § 1414(d)(1)(A)(i)(VIII)(aa); 34 C.F.R. § 300.320(b)(1)
transition assessments
Transition Assessments
  • Goals must be based on age appropriate transition assessments related to:
      • Training
      • Education
      • Employment
      • Where appropriate, independent living skills
        • 20 U.S.C. § 1414(d)(1)(A)(i)(VIII)(aa); 34 C.F.R. § 300.320(b)
    • The federal law does not define “assessment”
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