IEPs vs 504s.pdf

Welcome to MPG’s Webinar Series Today’s Topic: Decoding Educational Support: Understanding IEPs vs. 504s Lauren Dwyer, PsyD, NCSP Neuropsychologist Manhattan Psychology Group We will get started shortly!  Our Vision...

Welcome to MPG’s Webinar Series Today’s Topic: Decoding Educational Support: Understanding IEPs vs. 504s Lauren Dwyer, PsyD, NCSP Neuropsychologist Manhattan Psychology Group We will get started shortly!  Our Vision Our Mission Our vision is to create a future Our mission is to provide multidisciplinary, where individuals and their integrated support for individuals and their families feel supported, families who experience mental health, connected and empowered. behavioral and educational challenges. Multidisciplinary Team Wrap-Around Care Adult and Child Psychologists, Mental Health, Testing, Neuropsychologists, Board Certified ABA/ Behavioral and Educational Behavior Analysts (BCBA), Special services Educators, Licensed Social Workers, & More! Services Since 2011 Settings & Locations CBT, PCIT, ADHD/Anxiety Groups, Social Skills Groups, Neuropsych Virtual & in-person on UWS in Testing, ABA, FBA/BIPs, Tutoring, Interested in our services? 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Once we move on, we will not repeat them after they’re initially said. ➔ You’ll need to stay for the entire webinar and collect both CEU code words and complete the post-webinar survey (shared at the end of the webinar) in order to get your CEU certificate. ➔ The recording (also available for CEUs) will be posted within 1 week of the webinar. ➔ Slides to this webinar can be shared after the webinar Today’s Presenter Lauren Dwyer, PsyD, NCSP Neuropsychologist Manhattan Psychology Group Decoding Educational Support: Understanding IEPs1 NYS 1 NYS Continuing Education Contact Hour (#SW-0792) vs.Continuing 504sEducation Contact Hour (#PSY-0221)  1. Differentiating between IEPs and 504 Plans 2. Understanding Legal Frameworks and Rights 3. Assessing Individual Needs and Objectives Accommodations 4. Team Collaboration and Plan Implementation 5. Family Advocacy & Support 6. Addressing Challenges and Ensuring Equity  Comparison of IDEA and Section 504 IDEA Both 504 Educational Act which guarantees special Provide free, and appropriate public Civil rights law to prohibit discrimination based education and related services education (FAPE) on disability Protects children 3-21 who fall under ○ IDEA - full education opportunity ○ Physical & Program Access via school 1 of 13 specific disabilities ○ 504 - comparable to general education structures, modifications, and IEP required documenting present levels, Procedural Safeguards - notice to parents accommodations that do not create undue goals, benchmarks, services, aids, and why regarding identification, evaluation, hardships not gen. Ed. (must be completed before any placement ○ Comparable facilities to general education placement changes) ○ IDEA - written notice required and must Protects anyone currently with or recorded Formula Grants pt. B & C - federal funding be made prior to any placement with physical/mental impairment to assist local and state edu. changes ○ Broad definition of disability ○ Pt. B - assist states in least restrictive ○ 504 - written notice recommended & May include an IEP but not required environment for students aged 3-21 only notify when significant placement ○ not required before any placement changes ○ Pt. C - early intervention plan for students changes made State and local jurisdictions are responsible for aged birth - 2 Evaluation and Placement Decisions require funding Parental consent for evaluations required more than one source/procedure, group Parental consent for evaluations not required ○ Reevaluations every 3 years knowledgeable on student, all evaluation but recommended Focus on placing students in the least and placement data documented and Due Process policy guidelines and procedures restrictive environment possible considered are left to discretion of local education agency ○ (Least Restrictive --› Most Restrictive) Due Process - impartial hearing provided to Focus on providing disabled students with Gen. Ed.; Special Ed.: Special School; parents who disagree with the proper accommodation to have equal Homebound; Hospital) identification, evaluation or placement of opportunity as general education child  504 ADA IDEA - Section 504 of the Rehabilitation Act of 1973: - Civil rights law that prohibits discrimination - Individuals with Disabilities Education Act first disability civil rights law. Prohibits against individuals with disabilities in all 1975 ensures that every child with a disability discrimination of qualified individuals with areas of public life, including employment, has access to a free and appropriate public disabilities by entities that receive federal education, transportation and all education. This law governs all aspects of financial assistance. - Public and private places open to the special Education for eligible children from - Ensures equal opportunity to participate and general public regardless of whether or not birth to High school graduation or age 21. benefit from the same activities and locations they receive Federal funding IDEA requires schools to develop an individual as non-disabled individuals. - Requires effective access to programs, education plan for each qualifying student. - There is no funding for this civil right statute benefits and services. IEPs are designed to meet each child’s unique - ADAAA 2008: Federal government broadened - The ADA is divided into five titles or sections needs, support progress in school and prepare the definition of disability to qualify more that relate to different areas of society: students for further education, employment individuals - Employment and independent living. - Provides nondiscrimination protection, - Access to state/local govt.Private entities - Focused on exclusion and inappropriate - Procedural safeguards and some eligible - Telecommunications services/funds for disabled students students receive 504 FAPE - Miscellaneous provisions - An entitlement law focused on the benefit of - Procedural safeguards include notice, the individual - Opportunity to examine relevant records - Funding is available but limited - Impartial hearing and a review procedure - IDEA 2004: Too many students eligible - Giving rise to RTI - Receive special education and related services, procedural safeguards and 504 non discrimination protection - IDEA FAPE is a near entitlement to educational benefit that varies by individual Singh, 2022 Parents Parents role in IEP meeting Principals/ Share Direct Staff ○ Strengths, interests, hopes and concerns regarding the student’s education AEA Staff ○ Information about the student’s academic achievement and school performance General Education Assist with: Teachers ○ Development of IEP goals, positive behavioral instruction and academic supports ○ Identification of services and supports that the student may Special Education need to be successful in the general education classroom Teachers and beyond Ask questions Did you know?? ○ To acquire information about the IEP meeting and the programming for their child  Principals/Direct Staff role Parents in IEP Meeting Principals/ Direct Staff Support ○ Facilitation of the meeting when appropriate and encourage AEA Staff participate by all IEP team members or designate another team member to fulfill this role The commitments of resources by acting as the district General Education ○ designee Teachers Assist with: ○ Identification of positive behavioral instructions and Special Education academic supports Teachers ○ Identification of services, supports and program modifications that are needed for the student to be successful in the general education classroom and beyond Did you know?? ○ All aspects of the IEP process, when appropriate Parents AEA Staff role in IEP meeting Principals/ Direct Staff Share ○ Evaluation data and information including interpretation of AEA Staff evaluation results ○ Information pertinent to individual student needs and IEP development General Education Assist with: Teachers ○ Development of IEP goals, positive behavioral instruction and academic supports Special Education ○ Identification of services, supports and program Teachers modifications that are needed for the student to be successful in the general education classroom and beyond ○ Making connections to external service providers Did you know?? ○ All aspects of the IEP process, when appropriate  General Education Teachers Parents role in IEP meeting Principals/ Share Direct Staff ○ Information regarding the general curriculum, the general education classroom environment and the student’s progress and current performance AEA Staff Assist with: ○ Development of positive behavioral instruction and academic General Education supports ○ Identification of services, supports, and program Teachers modifications that are needed to: Support the student’s advancement toward attaining annual IEP goals Special Education Support the student’s involvement and progress in the Teachers general curriculum, school environment and participation in extracurricular activities Identify: Did you know?? ○ Supports needed in the general education setting for IEP implementation  Special Education Teachers Parents and Service Providers Principals/ Direct Staff Share ○ Information about the student’s academic achievement, AEA Staff school performance and progress toward identification goals ○ Suggestions for maximizing the extent to which the student is educated when non-disabled students, including General Education accommodations and modifications to the general Teachers curriculum and classroom environment Assist with: Special Education ○ Development of IEP goals, positive behavioral instructions Teachers ○ and academic supports Identification of services, supports and program modifications that are needed for the student to be Did you know?? successful in the general education classroom and beyond Parents Did you know?? Principals/ Direct Staff The term “individualized education program” or IEP is defined as a written statement for each child AEA Staff with a disability that describes the student’s special education program. General Education Students are encouraged to participate in IEP Teachers meetings and must be invited to attend when the student will turn 14 in the year the IEP is in effect. Special Education An IEP team can include other participants based Teachers on individual student needs. For more information regarding IEP teams, visit Did you know?? goo.gl/pBXJXH  Under IDEA, a student is considered to have a disability if the following conditions are met: 1. The student has or is thought to have a physical or mental impairment. 2. The impairment has an adverse impact on learning.1 3. The impairment requires specialized instruction, services or programming.2 Emotional Learning Deaf- Hearing Autism Intellectual Deafnes Disability s Disability Disability Blindness Impairm ent Visual Other Speech & Impairment Multiple Orthopedic Language Including Traumatic Disabilities t Health Impairmen Impairment Blindness Brain Injury Impairment 1 Adverse impact is defined as the presence of a disability that significantly impedes learning and education. Adverse impact does not mean that a student has to be failing or retained in order to qualify for special education services. 2 The student must require specially designed instruction or special services or programs to meet their unique needs ot4adhd.com  dese.ade.arkansas.gov Effective Implementation  Under Section 504, a student is considered to have a disability if the following conditions are met: 1. The student has or is thought to have a physical or mental impairment. 2. The impairment affects a major life activity.1 3. The impairment must substantially limit the major life activity.2 Cancer Diabete Attention Epileps Anxiety s HIV/AIDS Deficit y Asthma Physical Hyperactivity Disabilities Disorder Depression Severe Auditory or Medically Visual allergies/ Fragileor Mobility Learning Chemical Limited Processing Issues noCEyesight hildren Dyslexia Delays Disabilities Sensitivities or Hearing 1 Major life activities include caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. Major life activities can also be bodily functions including immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and/or reproductive functions. 2 The limiting nature of the impairment should be considered without any treatment or assistive measures, except for ordinary glasses or contacts.  What does the task or Setting & Break it Down! Equipment assignment require? Not: “If I was (blank)” What physical, sensory, Real or 4 Step I couldn't (blank)! and cognitive skills are needed? Fictional! Accomodation Model What components of the Level of Always ask the Difficulty? task require student! accommodation? Cost, time, What accommodation Check with an resources, WHY! Expert! options exist? www.washington.edu/doit 9 Quick Tests for Student IEP Goals How many can you pass? Written by Laurie Ray, MPT, PhD Created by SeekFreaks So what? test If the goal is attained, will it make a meaningful difference in the function of the student? Who cares? test If no one cares, either you have not demonstrated the goal’s importance or it is truly not important Cadaver test If a dead person can accomplish the goal, it is not a good or participatory student goal Parent test Can the parent come in, observe the focal activity & determine if the goal is met or not met? Is the criterion something that occurs naturally in the school day, or are you creating a criterion which Fit test requires something ‘extra’? Do i want to / Can I collect this data? test Is the goal too complicated or unimportant that nobody wants to collect the data? Sufficient progress test Is the goal set high enough? Are we requiring all the progres we can get? Drive test What’s the need driving the goal? Is this goal truly addressing educational need(s) during school routines? Big picture test Will this goal get the student closer to the ultimate goal? Is this a good investment of the student’s time?  Parents: ➔ NYS Procedural Safeguards Advocacy & ➔ Parent Bill of Rights ➔ Parent Bill of Rights for ELL Students Support Friends and Family Members: ➔ Why you should bring a friend to CSE meeting Parent Member: ➔ Parent Members Advocacy ➔ CSE Parent Member Training Information Office of Special Education and Support Outside Service Providers: ➔ Private Therapist Support in School Setting Educational Advocate: ➔ Advocates for children; Student Advocacy; NYS Parent Network Attorney: ➔ What is education law? Complaints Department: ➔ OCR: 504 Violations ➔ NYS Complaint Procedures FAPE Addressing Challenges & Ensuring Equity How does a District Classroom interventions that directly target identified limit its potential areas of need. Child Find Strong home-school communication to identify and address student needs. red flags and Appropriate general education supports without the properly serve need for classification. Parent education and identification of supports outside students? of the school district. Staff education of Child Find red flags. **Schools should have a clear, Use of existing building level supports available to all structured, widely publicized students. and well executed intervention Data based decision making and clear record keeping of plan that provides universal response to intervention. evidence based instruction and Routine follow-up between parent, teacher and service indicates how students who are not responding to general providers. instruction will be identified and Refer to CSE when appropriate; Recognize and act upon supported, including the parent requests for help and referral to special following elements: education regardless of how they are communicated; If you are not referring to the CSE, have an appropriate alternate plan as to how the child’s needs will be met. Articulate that plan to the parents.  1) Build and maintain a trusting relationship with school staff through frequent communication. 2) Attend parent teacher conferences, volunteer at the school, Addressing attend parent workshops. 3) Share student strengths and vulnerabilities and collaborate Challenges & with staff to foster learning. Ensuring Equity 4) Participate in homework, monitor academic performance, communicate concerns regularly. 5) Foster a safe, secure and supportive home environment in collaboration with service providers. ** Parents need to insist on taking a 6) Take part in decision making through active participation in more active role in the development instructional team meetings. of interventions and support plans 7) Set clear and achievable goals and timelines for targeted by engaging in routine skills. conversations with teachers and service providers about their 8) Obtain a clear understanding of the school’s intervention children’s learning, health and plan, building level support and procedure for referral to development. An effective special education. Ask questions throughout the process home-school partnership should and request additional support when needed. include the following elements: 9) Understand due process rights; IEPs and 504s are dynamic and can be amended regularly. 10) Identify community resources or supports to enhance home-school efforts.  References Educational Equality: Unpacking the differences between IEPs and 504s https://advocatesforthevoiceless.org/blog/educational-equality-unpacking-the-differences-between-iep-and-504 Include New York City: Overview of the 504 Plan and the IEP https://includenyc.org/help-center/resources/504-plan-and-the-iep/ National Education Association: Differences between a 504 Plan and an Individualized Education Program (IEP) https://www.nea.org/professional-excellence/student-engagement/tools-tips/differences-between-504-plan-and-individualized -education-program-iep National Institute of Health: Evaluating the Content of Individualized Education Programs and 504 Plans of young adolescents with attention deficit hyperactivity disorder https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4285444/ National Institute of Health: Predictors of receipt of school services in a national sample of youth with ADHD https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6557697/ New Jersey.gov: Policies and procedures min special education https://www.nj.gov/education/specialed/policy/ Newsletters: IHPs, 504 Plans, and IEPs: What’s the Difference? - Oley Foundation; https://oley.org/page/IHP_IEP_Difference/Newsletters-IHPs-504-Plans-and-IEPs-Whats-the-Difference.htm  References New York City Department of Education: Section 504 services versus preschool special education services: A fact sheet for families and pre-k programs https://infohub.nyced.org/docs/default-source/default-document-library/504-vs-pse.pdf New York City Public Schools.gov 504 Accommodations: Student and Family Guide https://www.nysed.gov/special-education/federal-laws-and-regulations New York State Center for School Health: Office of Civil Rights/ 504/ADA https://www.schoolhealthny.com/site/default.aspx?PageType=3&ModuleInstanceID=222&ViewID=7b97f7ed-8e5e-4120-848f-a8b4987d5 88f&RenderLoc=0&FlexDataID=253&PageID=128 New York State Education Department Continuation of Special Education Services for School Aged Children with Disabilities https://www.nysed.gov/special-education/continuum-special-education-services-school-age-students-disabilities New York State Education Department: Federal laws and regulations https://www.nysed.gov/special-education/federal-laws-and-regulations U.S. Department of Education: Protecting Students with Disabilities https://www2.ed.gov/about/offices/list/ocr/504faq.html Wrightslaw: Special Education Law and Advocacy: IDEA IEP and a Section 504 Plan https://www.wrightslaw.com/blog/iep-and-section-504-against-the-law/  Thank you for attending tonight’s webinar presented by Manhattan Psychology Group! 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