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Purpose

  • Federal statute that guarantees fair and appropriate educational opportunities to students with specific disabilities.
  • Before this statute, students with significant disabilities were not having their needs met and were isolated from interactive scenarios with their peers.
  • This law strengthens the participation of parents and the faculty members in the student's life.
  • This law grants rights that go further than just educational services; it "protects the rights of individuals with disabilities in any agency, school or institution," that remain free of charge to the individual or the family (National Center For Learning Disabilities, Inc.).
  • This increases the opportunities provided for individuals with disabilities to flourish in everyday life alongside their peers.

Those Protected

  • This law advocates for all individuals with disabilities; whether those disabilities are learning, behavioral, etc.
  • This law branches out to those individuals who do not meet eligibility guidelines for special education services.
  • Also protects students with:

1. communicable diseases

2. temporary disabilities from an accident

3. allergies/environmental issues

  • This law advocates for students between the ages of 3 and 21.
  • The student's disability "adversely affects the child's educational performance..." (National Center For Learning Disabilities, Inc.).
  • The student who has been identified to have a specific disability is required to be provided with an Individualized Education Program (IEP).

Services and Enforcement

  • Schools are required to provide services to these students alongside general education peers.
  • Educators must make accommodations in order for these students to participate in physically and programmatic engaging educational experiences.
  • Individuals with disabilities are not required to be provided with an IEP, but a written educational plan must be made.
  • It is the responsibility of the school to provide these accommodations; not the parents' responsibility.
  • However, Section 504 does not benefit any further funds; funds specialized for the IDEA Act are prohibited from being used for Section 504.
  • Students with significant disabilities have the right and access to a general education environment, unless their presence threatens the safety of either the student, the other students, or the teacher.
  • In addition to these services, students with disabilities are also provided with free supplemental educational services to meet their needs.
  • As part of the services provided to students with significant disabilities and their families, IEPs are made up of five components:

1. current levels of performance and abilities

2. goals for the year

3. inclusion in Least Restrictive Environments (LRE)

4. Dates and duration of services, as allotted by the law

5. Evaluation and assessment methods; administered by a team of specialists who advocate for the student.

SECTION 504

IDEA 2004

Evaluation Procedure

  • It is required that parents have full cont and awareness throughout their child's educational experiences.
  • All notices must be completed in writing and must have written parental consent. These notices include:

1. Identification of significant disabilities

2. Any evaluations or assessments

3. Placement into any supplemental services

  • Like the IDEA Act, it is required that a team who interacts with the child regularly work together to make decisions for the child.
  • This team determines if there is a "substantial limitation to major life activities resulting from a physical or mental impairment," (McLeskey 44).
  • These limitations include:
  • Seeing, hearing, walking, learning, performing manual tasks, breathing, reading, thinking, concentrating, etc.

Placement Decisions

  • All information regarding the child must be documented. Information from various sources, such as prior teachers, doctors, or psychologists, will be used in part of the decision making process.
  • Decisions must be made from a team effort; those team members and their roles are found in the law.
  • Section 504 must also gather information from a variety of resources and document it in order to make decisions regarding the educational services provided to the student.
  • These students also have a right to LRE and progress monitoring throughout their placements.
  • Unlike the IDEA Act, it is not required for the team of advocates for the student to meet prior to making changes.

IDEA 2004 vs. SECTION 504

Desiree Jaramillo

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