504 Plan?


INTERRELATIONSHIP OF IDEA AND SECTION 504 

http://www2.ed.gov/about/offices/list/ocr/504faq.html#interrelationship

Click Below to download PDF of Sample Request Letter for IEP and Assessment.

SampleLetter_ASSESS1

1. What is the jurisdiction of the Office for Civil Rights (OCR), the Office of Special Education and Rehabilitative Services (OSERS) and state departments of education/instruction regarding educational services to students with disabilities?

OCR, a component of the U.S. Department of Education, enforces Section 504 of the Rehabilitation Act of 1973, as amended, (Section 504) a civil rights statute which prohibits discrimination against individuals with disabilities. OCR also enforces Title II of the Americans with Disabilities Act of 1990 (Title II), which extends this prohibition against discrimination to the full range of state and local government services, programs, and activities (including public schools) regardless of whether they receive any Federal financial assistance.  The Americans with Disabilities Act Amendments Act of 2008 (Amendments Act), effective January 1, 2009, amended the Americans with Disabilities Act of 1990 (ADA) and included a conforming amendment to the Rehabilitation Act of 1973 (Rehabilitation Act) that affects the meaning of disability in Section 504. The standards adopted by the ADA were designed not to restrict the rights or remedies available under Section 504. The Title II regulations applicable to free appropriate public education issues do not provide greater protection than applicable Section 504 regulations. This guidance focuses primarily on Section 504.

Section 504 prohibits discrimination on the basis of disability in programs or activities that receive Federal financial assistance from the U.S. Department of Education. Title II prohibits discrimination on the basis of disability by state and local governments. The Office of Special Education and Rehabilitative Services (OSERS), also a component of the U.S. Department of Education, administers the Individuals with Disabilities Education Act (IDEA), a statute which funds special education programs.  Each state educational agency is responsible for administering IDEA within the state and distributing the funds for special education programs. IDEA is a grant statute and attaches many specific conditions to the receipt of Federal IDEA funds. Section 504 and the ADA are antidiscrimination laws and do not provide any type of funding.

 

Section 504 of the Rehabilitation Act of 1973 is a national law that protects qualified individuals from discrimination based on their disability. The nondiscrimination requirements of the law apply to employers and organizations that receive financial assistance from any Federal department or agency, including the U.S. Department of Health and Human Services (DHHS). These organizations and employers include many hospitals, nursing homes, mental health centers and human service programs. Section 504 forbids organizations and employers from excluding or denying individuals with disabilities an equal opportunity to receive program benefits and services. It defines the rights of individuals with disabilities to participate in, and have access to, program benefits and services.

 

Who Is Protected from Discrimination?

Section 504 protects qualified individuals with disabilities. Under this law, individuals with disabilities are defined as persons with a physical or mental impairment which substantially limits one or more major life activities. People who have a history of, or who are regarded as having a physical or mental impairment that substantially limits one or more major life activities, are also covered. Major life activities include caring for

one’s self, walking, seeing, hearing, speaking, breathing, working, performing manual tasks, and learning. Some examples of impairments which may substantially limit major life activities, even with the help of medication or aids/devices, are: AIDS, alcoholism, blindness or visual impairment, cancer, deafness or hearing impairment, diabetes, drug addiction, heart disease, and mental illness. In addition to meeting the above definition, for purpose of receiving services, education or training, qualified

individuals with disabilities are persons who meet normal and essential eligibility requirements.

For purposes of employment, qualified individuals with disabilities are persons who, with reasonable
accommodation, can perform the essential functions of the job for which they have applied or have been hired
to perform. (Complaints alleging employment discrimination on the basis of disability against a single
individual will be referred to the U. S. Equal Employment Opportunity Commission for processing.)
Reasonable accommodation means an employer is required to take reasonable steps to accommodate your
disability unless it would cause the employer undue hardship.

IEP & 504 Help

What is an IEP? What is a 504 plan? How are they different? How can you make sense of what your child needs?

Lost-in-thoughts-e1343564768908An Individualized Education Program under IDEA (Individuals with Disabilities Education Act) is a legal document that promotes more effective progress through a standard public school curriculum for a student who meets the criteria for special education services.

A 504 plan (Section 504 of The Rehabilitation Act of The Americans with Disabilities Act) extends civil rights to students with a physical or mental impairment in order for them to more equitably access their public school curriculum. For a more granular view of the differences, click here to view a plan comparison chart.

When do you really need the assistance of a special education advocate in establishing an IEP or a 504 plan for your child?

Many parents are ill advised to take a contentious or even hostile stand in making demands of their public school district for curricular modifications or accommodations for their child.

BIP

Behavioral Intervention Plan

When a child exhibits behaviors that impede his or her ability to learn and has been found eligible for special education services, his or her Individualized Education Program (IEP) Team will meet to discuss various behavior interventions. BIP or Behavioral Intervention Plan is created to assist the teacher and teaching staff within the classroom on specific behavior.

Behavior Goals

As a first step towards behavior intervention, the IEP Team may begin by implementing a behavior goal in the student’s IEP. Behavior goals should be written positively to include how success is to be measured, an expected time for when the goal should be completed and how teachers and staff will help the child to achieve them.

If the behavior goal is not successful in modifying the negative behavior or the behaviors present themselves to be more serious, a Functional Behavior Assessment (FBA) may be done and a Behavior Support Plan (BSP) may be created.  The first step in creating a BSP is to conduct a Functional Behavior Assessment.

Functional Behavior Assessment (FBA)

A Functional Behavior Assessment (FBA) identifies why certain behaviors are occurring or rather the “function” of a behavior. For example, a child may want attention, so he or she may disrupt the classroom every time he or she wants attention. The FBA will identify that when the child is disrupting the classroom, it is to seek attention. It will also identify what the antecedents are before the behavior occurs and any subsequent behaviors that occur. Then this information is used to establish positive ways of serving the child’s needs so that he or she doesn’t resort to the negative behaviors to achieve the desired result. The goal is to teach the child more appropriate ways to manage their behavior that does not impede their education or the education of other students.  Under the Individuals with Disabilities Education Act of 2004 (IDEA), these behaviors do not have to be a manifestation of the student’s disability in order for a FBA to be done.

Behavior Support Plan (BSP)

After the FBA assessment is completed, a Behavioral Support Plan (BSP) will be developed.  The BSP will list the identified behaviors impeding the child’s learning or the learning of his or her peers. It will list the predictors of the behaviors, why the IEP team thinks these behaviors occur and what strategies need to be introduced to stop them from materializing. The plan also establishes behavior goals for the child to meet consisting of positive behaviors designed to replace the negative ones. A BSP is included with the child’s IEP.

Functional Analysis Assessment (FAA)

If behaviors prove to even be more serious, California offers an even more comprehensive assessment and plan. The Hughes Bill (Assembly Bill 2586) effective as of May 1993, outlines the requirements of a Functional Analysis Assessment (FAA). An FAA occurs when an IEP team determines that the previous behavioral approaches in the child’s IEP have proved to be ineffective and the child’s behavior continues to impede their education or results in suspensions or recommendation for expulsion. The report must be done by an assessor who is specifically trained in behavior analysis and positive behavior support and is based upon observations of the occurrence of the behavior, the antecedents, consequences following the behavior, and the settings in which the behavior occurred. The assessor will also review health and medical records to look for factors that may have influenced the behavior. A history of the behaviors will also be assessed including the previous behavioral interventions that were used. The assessor will then make recommendations to the child’s IEP Team in the FAA report.

When the FAA is completed, the IEP Team will then convene a meeting to review the results and recommendations. If it finds it appropriate, the team will then develop a Behavioral Intervention Plan (BIP).

Behavioral Intervention Plan (BIP)

A BIP is created based upon the results of the FAA. The IEP Team is expanded to include a behavior intervention case manager who is trained in behavior analysis to oversee the plan. The plan may include altering the antecedents, alternative or adaptive behaviors that can be taught to the student and change of the response and consequences of when the behaviors are displayed. Once a BIP is created, the case manager provides training in order to ensure that the BIP is followed by all educators, service providers and school site personnel who come in contact with the student.

Emergency Interventions

Under the Hughes Bill, emergency interventions may be used only for immediate, unforeseen dangerous behaviors and may not be used in lieu of a BIP. This emergency intervention may include “hands on” strategies or other interventions that are not included in the BIP. Once an emergency intervention is used, the parent must be notified within one school day and a “Behavioral Emergency Report” must be done. If the child does not have a BIP, the IEP team will convene a meeting to review the report and determine if an FAA should be done and if an interim behavioral intervention plan is needed. If the child does have a BIP, the IEP team will convene to determine if the BIP needs to be amended to include the behavior that resulted in an emergency intervention.

BIP

Behavioral Intervention Plan

When a child exhibits behaviors that impede his or her ability to learn and has been found eligible for special education services, his or her Individualized Education Program (IEP) Team will meet to discuss various behavior interventions. BIP or Behavioral Intervention Plan is created to assist the teacher and teaching staff within the classroom on specific behavior.

Behavior Goals

As a first step towards behavior intervention, the IEP Team may begin by implementing a behavior goal in the student’s IEP. Behavior goals should be written positively to include how success is to be measured, an expected time for when the goal should be completed and how teachers and staff will help the child to achieve them.

If the behavior goal is not successful in modifying the negative behavior or the behaviors present themselves to be more serious, a Functional Behavior Assessment (FBA) may be done and a Behavior Support Plan (BSP) may be created.  The first step in creating a BSP is to conduct a Functional Behavior Assessment.

Functional Behavior Assessment (FBA)

A Functional Behavior Assessment (FBA) identifies why certain behaviors are occurring or rather the “function” of a behavior. For example, a child may want attention, so he or she may disrupt the classroom every time he or she wants attention. The FBA will identify that when the child is disrupting the classroom, it is to seek attention. It will also identify what the antecedents are before the behavior occurs and any subsequent behaviors that occur. Then this information is used to establish positive ways of serving the child’s needs so that he or she doesn’t resort to the negative behaviors to achieve the desired result. The goal is to teach the child more appropriate ways to manage their behavior that does not impede their education or the education of other students.  Under the Individuals with Disabilities Education Act of 2004 (IDEA), these behaviors do not have to be a manifestation of the student’s disability in order for a FBA to be done.

Behavior Support Plan (BSP)

After the FBA assessment is completed, a Behavioral Support Plan (BSP) will be developed.  The BSP will list the identified behaviors impeding the child’s learning or the learning of his or her peers. It will list the predictors of the behaviors, why the IEP team thinks these behaviors occur and what strategies need to be introduced to stop them from materializing. The plan also establishes behavior goals for the child to meet consisting of positive behaviors designed to replace the negative ones. A BSP is included with the child’s IEP.

Functional Analysis Assessment (FAA)

If behaviors prove to even be more serious, California offers an even more comprehensive assessment and plan. The Hughes Bill (Assembly Bill 2586) effective as of May 1993, outlines the requirements of a Functional Analysis Assessment (FAA). An FAA occurs when an IEP team determines that the previous behavioral approaches in the child’s IEP have proved to be ineffective and the child’s behavior continues to impede their education or results in suspensions or recommendation for expulsion. The report must be done by an assessor who is specifically trained in behavior analysis and positive behavior support and is based upon observations of the occurrence of the behavior, the antecedents, consequences following the behavior, and the settings in which the behavior occurred. The assessor will also review health and medical records to look for factors that may have influenced the behavior. A history of the behaviors will also be assessed including the previous behavioral interventions that were used. The assessor will then make recommendations to the child’s IEP Team in the FAA report.

When the FAA is completed, the IEP Team will then convene a meeting to review the results and recommendations. If it finds it appropriate, the team will then develop a Behavioral Intervention Plan (BIP).

Behavioral Intervention Plan (BIP)

A BIP is created based upon the results of the FAA. The IEP Team is expanded to include a behavior intervention case manager who is trained in behavior analysis to oversee the plan. The plan may include altering the antecedents, alternative or adaptive behaviors that can be taught to the student and change of the response and consequences of when the behaviors are displayed. Once a BIP is created, the case manager provides training in order to ensure that the BIP is followed by all educators, service providers and school site personnel who come in contact with the student.

Emergency Interventions

Under the Hughes Bill, emergency interventions may be used only for immediate, unforeseen dangerous behaviors and may not be used in lieu of a BIP. This emergency intervention may include “hands on” strategies or other interventions that are not included in the BIP. Once an emergency intervention is used, the parent must be notified within one school day and a “Behavioral Emergency Report” must be done. If the child does not have a BIP, the IEP team will convene a meeting to review the report and determine if an FAA should be done and if an interim behavioral intervention plan is needed. If the child does have a BIP, the IEP team will convene to determine if the BIP needs to be amended to include the behavior that resulted in an emergency intervention.

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