2960 Sanitarium Rd |
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Contacts Chuck Sincere Pat Stone |
Confidentiality/Procedural Safeguards IDEA provides the opportunity for the parents of a child with a disability to examine all records relating to that child and to participate in all meetings with respect to the identification, evaluation, and educational placement of that child. The concept of FAPE (free, appropriate public education) and the right to an independent educational evaluation of the child is detailed in the section under confidentiality and procedural safeguards. Prior written notice as well as the parent handbook “Whose IDEA is This?” must be given prior to evaluations and other changes in regard to the service provided to a student with a disability. Parents must give written permission to proceed with multi-factored evaluations and the placement of a child in special education. If a disagreement between the parents and the MFE Team and/or the IEP Team exists, procedures are in place for mediation. Individuals with Disabilities Education Act The Individuals with Disabilities Education Act, currently in place, is a revision of the original law from 1975 better know as PL 94-142, the Education of All Handicapped Children Act. Public Law 94 -142, Education of All Handicapped Children Act was the first federal mandate requiring education for all students. The Act consisted of six major guiding principles which are still part of the current law under IDEA. These six principles are as follows: Zero Reject – also known as FAPE – free, appropriate public education Non-Discriminatory Assessment – also known as Multi-Factored Evaluation Least Restrictive Environment - or Least Restrictive Alternative Individual Education Plan – IEP Procedural Due Process Parental Participation The first re-authorization in 1990 amended PL 94 -142 to become IDEA or the Individuals with Disabilities Education Act, the term “handicapped” was changed to reflect the current term “disabled”. Two additional disabling conditions – autism and traumatic brain injury – were added to the previous eleven conditions. It also added the requirement of transition for all disabled students beginning at age 16. The next re-authorization in 1997 of IDEA reflected a stronger emphasis on family involvement, interagency coordination and least restrictive environment. The current re-authorization of 2005 of IDEA seeks a stronger bond between students with disabilities and access/progress in the regular academic setting. Once eligibility for special education is determined, an Individualized Education Plan must be written and implemented to consider goals, objectives, related services and least restrictive environment. The IEP must be in effect before special education services may be given. An IEP must be reviewed annually but may be reviewed more often if the IEP team determines that this is necessary. The IEP process is a team process and no unilateral decisions are permitted. Parents, teachers, service providers, and administrators must come to a consensus on how to best serve a child with a disability. Least restrictive environment is considered on a continuum of services available depending on the needs of the child. For services from least restrictive to more restrictive is listed as follows: Least restrictive Most restrictive Related services which may be considered for students with a disability include speech/language therapy, occupational therapy, physical therapy, adaptive physical education, special transportation, attendant services, aide services, mobility services, medical services, interpreter services and counseling services. In order to determine eligibility for services as a student with a disability, an initial multi-factored evaluation must be conducted by a team of qualified individuals. The MFE team, which includes the parents, gathers information to determine if the student qualifies as a student with a disability. The current disability categories include: 1.Multiple disabilities (not deaf-blind) Eligibility criteria is delineated in the state of Ohio operating standards for education of students with disabilities. An additional requirement of the MFE is that eligibility must be re-determined every three years. Parents must also give written permission for this re-evaluation. Continued special education services are based on these re-evaluations for Multi-Factored Evaluations. What is Section 504? Section 504, like the Individuals with Disabilities Education Act (IDEA), requires schools to provide children with disabilities a free, appropriate public education consisting of regular or special education and related aids and services, all designed to meet the individual student’s needs and subject to adequate evaluation, placement and procedural safeguards comparable to those prescribed under the Individuals with Disabilities Education Act. Section 504 is enforced by the U. S. Department of Education, Office for Civil Rights (OCR). The Section 504 standard of what constitutes “appropriate” differs from the IDEA standard of “appropriate” standard which requires the district to design a program reasonably calculated to confer educational benefit. Section 504 requires that disabled persons be provided aids, benefits or services that are as effective as those provided non-disabled persons. How does Section 504 define “disabled”? A person is considered “disabled” if he/she has a physical or mental impairment which substantially limits one or more major life activity. Impairments may include, but are not limited to, speech, vision, orthopedic, mental retardation, emotional disturbance, learning disabilities, autism, heart disease, traumatic brain injury, cerebral palsy, epilepsy, diabetes, chronic asthma, severe allergies, attention deficit (with or without hyperactivity) disorder, multiple sclerosis, muscular dystrophy, blood-born diseases and other health impairments. What does “reasonable accommodation” mean? A recipient of federal funds shall make reasonable accommodation to the known physical or mental limitations of an otherwise qualified person unless the recipient (school district) can demonstrate that the accommodation would impose undue hardship on the operation of its program. Courts have required accommodations which achieve “meaningful equal opportunity”. Accommodations need to take into account both the functional limitations of the individual and alternative methods of performing tasks or activities which would permit people of varying abilities to participate without jeopardizing outcomes. Some examples of reasonable accommodations for a school could be: modified homework assignments, provision of readers, and provision of taped textbooks, changes in the way tests are given or preferential seating. Does Section 504 require an Individualized Education Program? Section 504 requires a written plan to determine the accommodations which will be provided. Decisions must be based upon information drawn from a variety of sources and all information must be documented and considered. A written plan for a student with a Section 504 accommodation is not as stringent as a plan for a student with an Individualized Education Plan (IEP). However, all decisions must be made by a group of people knowledgeable about the student. Who should I contact if I believe my child requires a Section 504 accommodation plan? Please contact the building principal to express your concern for your child. A section 504 accommodation plan will require documentation from your child’s physician as well as educational data in order for the Intervention Assistance Team to determine accommodations which may be needed. All records are considered confidential and are maintained by the Department of Special Services. If you have a specific questions regarding Section 504 please contact the Compliance Officer at 330-798-1111.
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Quick Links Confidentiality/Procedural Safeguards Downloads Operating Standards for Ohio Educational Agencies Serving Children with Disabilities |