Purpose

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2. Purpose IDEA Federal funding statute to provide financial aid to states in their efforts to ensure adequate and appropriate services for children with disabilities SECTION 504 A broad Civil Rights statute which protects the rights of individuals with disabilities and activities that receive Federal financial assistance (Anti-discrimination Law)

3. Who is protected? IDEA (ages 3-21) 1. Autistic 2. Deaf 3. Deaf-blind 4. Hard of hearing 5. Intellectually disabled 6. Multi-disabled 7. Orthopedically impaired 8. Other health impaired 9. Emotionally disturbed 10. Specific learning disabled 11. Speech language impaired 12. Traumatic brain injured 13. Visually impaired 14. Developmentally Delayed 504 (all ages) Prohibits discrimination against a �handicapped� individual who: 1. has a �physical or mental impairment� which substantially limits one or more major life activity, or 2. has a record of such an impairment, or 3. is regarded as having such an impairment.

4. Free Appropriate Public Education (FAPE) IDEA Required Written IEP �Appropriate� means a program designed to provide �educational benefit� 504 Required NO IEP - does require a 504 Plan �Appropriate� means an education comparable to the education provided to persons without disabilities

5. Special Ed. vs. Regular Ed. IDEA Eligible if a multidisciplinary team determines that the student is disabled under the fourteen qualifying conditions and the disability affects educational performance 504 Eligible if meets the definition of �Qualified Individual with a Disability� Not required to affect educational performance

6. Accessibility IDEA Requires accommodations and/or modifications necessary to provide FAPE (often requiring the provision of programs and services in addition to those available to persons without disabilities) 504 Requires specific physical and/or program modifications (intended to �level the playing field� � usually by eliminating barriers that exclude persons with disabilities)

7. Procedural Safeguards IDEA Notice to parent/guardian with respect to identification, evaluation, and placement Written notice with specific components in notice Notice prior to change 504 Notice to parent/guardian with respect to identification, evaluation, and/or placement No written notice required Only if significant change

8. Evaluations IDEA Required consent before initial evaluation Requires reevaluation every three years Requires a review before any change in placement Provides for independent education evaluation 504 No �consent� required only notice Requires periodic evaluation Reevaluation before significant change Not required

9. Placement IDEA Ensures that placement decisions are made by a group of persons, including knowledgeable about the student, the meaning of the evaluation data and placement options Residential placement is an option 504 �Placement� means a modification to the regular education program Parents not required part of committee Residential placement not an option

10. Grievance Procedure IDEA Mediation 504 Designate a 504 Coordinator for the school district Provide a grievance procedure for parents, students and employees

11. Due Process Hearing IDEA Formal and legalistic due process hearing Hearing officer appointed by the State 504 Informal due process (can have legal counsel, no rules of evidence, no legal objections, no Q and A format Hearing officer provided by District (a person familiar with 504 requirements who is not an employee of the District

12. 504 Committee Responsibilities Referral Analysis Evaluation Placement Possible Discipline-Related Determination Review/Reevaluation

13. Funding IDEA Additional funding 504 No funding