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We Want You Here: Reversing Chronic Absenteeism
We Want You Here!
Reversing Chronic Absenteeism in Schools
ELAS 6314 Building & Sustaining School Community Relations
UHV-Online, Dr. Rosalia Alaniz
Presenter: Mayra Gutierrez
Riddle:
What plagues
5 to 7.5 Million
U.S. learners
from PK to
12th Grade?
In the Know
Chronic Absenteeism
Yes,
Chronic absenteeism!
Section 504 offers less
Section 504, has
less specific procedural criteria
that govern the requirements of
the school staff & learners.
Under Section 504 Schools
may offer a student
less monitoring & assistance.
Section 504
Benefits
ADA protects
from discrimination
& ADA
Benefits
The ADA is a protection benefit
for learners
who have been discriminated
due to a disability.
The learner's condition
must be long lasting or permanent.
ADA offers protection rights
to a disable child
who is discriminated.
IDEA offers MORE
IDEA
Rights
The IDEA Act provides the student
with significant educational rights
given an eligible disability.
The learner's disability is a condition that substantially inhibits their learning given general education accommodations, and thus requires Special Education services to be educated in the least restrictive environment.
Otherwise Qualified
Know
who is
covered?
In order to qualify
for the ADA protections
the child must meet two criteria,
have an eligible disability &
posses the
capability to perform
the requirements
of the program
despite the disability.
Discrimination
=Protection
Discrimination
If the learner has suffered in/direct,
un/intentional discrimination for:
denial of services or participation
architectural barriers
discriminatory actions or criteria
unreasonable accommodations
discrimination by association
Zero Reject Principle
Discriminatory
Treatment
A learner is afforded
the right to
enroll and be educated
in a free and public setting
regardless of
the disability.
https://quizlet.com/17052750/zero-reject-flash-cards/
Architectural & Other Barriers
Both Section 504 & ADA
provide a mandate
for more
accessible facilities
& programming.
Architectural Barriers
Access Board Legal Authority
bonus: the U.S. Access Board
was created to enforce
The Architectural Barriers Act
under the ADA to promote fairness.
They write the technical guidelines
and these specifications are then implemented as the technical guidelines
of all federal buildings
with some exemptions.
Building
&
Physical
Design
https://www.loc.gov/item/webcast-6156/
Technology Discrimination
Under the every expanding
realm of technology
each learner covered under IDEA
is to have accessibility
to technology based resources.
Technology Barriers
Location Barriers
Location
Barriers
Learners under IDEA are
to be educated
in the least restrictive environment
with the
most desirable location.
The integration setting
of children with disabilities
is to be inclusive.
Criteria
Criteria with Discriminatory Impact
School choice issues.
Under Section 504 & ADA
parents have the right to experiment
in providing a successful educational setting in accordance to their preference.
With these exclusionary parental choices the school district is to consider the appropriate accommodations
for the learner.
For learners with a disability
under IDEA
transportation
can be a matter of concern.
Extracurricular activities can raise
for discrimination of learners
with a disability who are
ineligible to participate.
Issues such as
age, maturity, contagious diseases, physical conditions can be a risk.
The courts consistently have sided
with upholding exclusions
based on reasonable medical criteria.
Participation in Extracurricular Activities
Medically fragile, health impaired, socially maladjusted children or those with a contagious disease might not qualify under IDEA for protection from discrimination; however, these learners
can be protected under Section 504 & ADA.
Reasonable Accommodation Issues
Reasonable Accommodations
under Section 504 & ADA
Issues
Food Allergy Learners
may require accommodations at school.
Drug Rehab
Learners
may require attendance adjustments to attend drug therapy rehab sessions.
Service Animal Learners
need first to est. they have a disability, then accommodations are considered.
Asthma Learners
may require exemption from the self-administering meds policy due to the condition.
Health Condition
Learners
requiring treatment
and absences may benefit from accommodations.
Missing Limb Learners
may be excluded from a difficult task or activities and reasonable accommodations should be considered.
ADD, ADHD, or Behavior Learners
may seek accommodations to various disciplinary policies.
Discrimination Related to Association
The ADA prohibits the discrimination
against a learner
if they have an association
to one who
is disabled with a disability.
Although this is a rare form
of discrimination it is not acceptable.
Example of Discrimination by Association
Parent has HIV & a Preschool Program denies him enrollment.
This is prohibited by the ADA.
Enforcement & Remedies for Seeking Individual Redress
The ADA & Section 504 do not have deadlines
for reconciling a hearing or
an administrative review, as does IDEA.
The valuable component to this is that Section 504 & ADA
offer relief to redress or
access to relief, their rights,
monetary damages with an Attorney General,
attorneys' fees, and related costs.
Let's take a moment to Quizalize this?
https://www.zzish.com/student/code
BIG Picture
Section 504 Plans
Challenges
when there is not
equivalent access for
disabled learners.
Creating the
Section 504
A Section 504 Plan
is similar to the
individualized program under IDEA.
Complaints to the
Department of Education
Dispute Resolution
for Violations of
Section 504
the ADA
& the Constitution
U.S. Department of Education
Office for Civil Rights (OCR)
INVESTIGATION OF THE COMPLAINT
in its investigation, OCR will determine,
There is insufficient evidence
to support a conclusion that the recipient failed to comply with the law.
COMPLAINT PROCESSING PROCEDURES
A preponderance of the evidence supports
a conclusion that the recipient failed to comply with the law.
OCR’s determination will be explained in a
Letter of Findings sent
to the complainant and recipient.