Dyslexia and Section 504 Overview

Report
Dyslexia
Overview
Presented by
JW Fulton
What Kind of Instruction Does The
Dyslexic Child Need?
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Dyslexia and other related learning disorders cannot be
cured. Proper instruction promotes reading success and
alleviates many difficulties associated with dyslexia.
Instruction for individuals with learning differences should be:
Explicit – intentional, direct teaching of skills for reading,
spelling, and writing
Systematic and Cumulative – has a definite, logical sequence
of concept introduction
Structured – has step-by-step procedures for introducing,
reviewing, and practicing concepts
Multisensory – engages the visual, auditory, and kinesthetic
channels simultaneously or in rapid succession.
Section 504
Adapted from John Copenhaver and Miriam K. Freedman
What exactly does §504 say?
“No otherwise qualified individual with handicaps
in the United States… shall, solely by reason of his
or her handicap, be excluded from the
participation in, be denied the benefits of, or be
subjected to discrimination under any program or
activity receiving Federal financial assistance…”
29 U.S.C. §794(a).
Civil Rights
• Section 504 is often referred to as the first civil
rights act for individuals with disabilities.
Section 504 applies to students, parents,
employees, and other individuals with
disabilities.
From Dubuque Community School District
Impact of Function on Major Life Activities
Ineligible for 504
0
None
Walking
Seeing
Breathing
Reading
Thinking
Learning
Hearing
Speaking
Concentrating
Communicating
1
Negligible
2
Mild
Eligible for 504
3
Moderate
4
Substantial
5
Extreme
What is an “evaluation”under §504?
• The collecting, gathering, and interpreting of data
from a variety of sources about the student’s educational
functioning constitutes an evaluation.
• Data can include test scores, teacher recommendations,
physical and health information, adaptive behavior data,
discipline information, parent input, privately-obtained
information, prior IDEA evaluations, grades and progress
reports, RTI documentation, and other relevant information:
a holistic evaluation
• A single source can trigger an evaluation, but cannot be the
only source for determination
• Duty to evaluate on suspicion of need
Evaluations
• Initial evaluation
• Annual evaluation
• Periodic Reevaluation (3 years)
After evaluation, could a §504 committee
decide that the student is so impaired that he
should be referred for an IDEA evaluation?
• Yes, either upon initial evaluation, or
after attempts to educate the student
with a §504 plan, the §504 committee
may refer the student for a special
education evaluation.
Can a student be disabled but not qualify under
§504?
• Yes, since some disabled students may not be
substantially limited in learning or another major life
activity by their disability. If a student with disabilities is
able to function adequately in the school setting, they
may not be substantially limited, and thus, not eligible
under §504.
Note: Under the new law, Section 504 may require us to accommodate the
needs of students with disabilities which have nothing to do with their
instructional needs.
“Technically Eligible” students
• Technically eligible students meet the eligibility
criteria of having a physical or mental impairment
that substantially limits one or more major life
activities but does not need services from the school.
Three types of technically eligible students are
possible:
– Student with impairment in remission
– Student whose needs are met through mitigating
measures that he/she controls (so services from the school
are not required to meet the student’s needs)
– Parental denial of consent for 504 services/plan
General Education
Section 504 / ADA is a
General Education management
responsibility.
Examples of Students with Disabilities Who
Might be Eligible Under Section 504/ADA
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HIV/AIDS
Tuberculosis
Arthritis
Asthma
Allergies
Diabetes
Obesity
Epilepsy
Heart Disease
Chronic Fatigue
Autism
Orthopedic
Dyslexia
*It depends
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*Special Education—Qualified Students
Bipolar Disorder
Temporary Disability
ADD/ADHD
*Drug and Alcohol
Migraine Headache
Tourette Syndrome
TBI—Traumatic Brain Injury
Cerebral Palsy
Cancer
Multiple Sclerosis
“Automatic” Disabilities
• OCR guidance indicates that in “virtually every
case” diabetes, epilepsy, bipolar disorder,
and autism will result in eligibility under
Section 504. In Texas, one could add dyslexia.
Mitigating Measures
• When determining whether the student is a qualified
individual with a disability under Section 504, the
Section 504 Team cannot consider mitigating measures
used by a student.
• Simply put—would the student be substantially limited
without medication/other mitigating measures?
• If the answer is yes, then the student would qualify for
Section 504 coverage.
Mitigating Measures
Congress did not define the term “mitigating measures” but rather
provided a non-exhaustive list of “mitigating measures.” The mitigating
measures are as follows:
• Medication
• Medical supplies
• Equipment or appliances
• Low-vision devices (which do not include ordinary eyeglasses or
contact lenses)
• Prosthetics (including limbs and devices)
• Hearing aids and cochlear implants or other implantable hearing
devices
• Mobility devices
• Oxygen therapy equipment and supplies
• Use of assistive technology
• Reasonable accommodations or auxiliary aids or services
• Learned behavioral or adaptive neurological modifications
Health Plans
Legal Updates from CESD 2012
• All OCR decisions on schools that viewed RtI as a
prerequisite to 504 were found in violation (don’t
deny 504 evaluation because of / lack of RtI once
disability is suspected)
• Discipline: fundamental discipline protections
under 504 are similar to those under IDEA
(Manifestation Determination, FAPE during LT
removals, protection against excessive ST removals,
10 day rule)
• Bullying and Harassment: increasingly intensive
response by school (no deliberate indifference)
• Systems must be in place to assure response is timely and
appropriate.
Dyslexia/504 Process Overview
504 Process Overview
Screen shot of Dyslexia website
Notice and
Consent for
504 Evaluation
Notice of
504 Meeting
504 Evaluation –
Pg 1 of 5
Committee
members,
procedural
checklist
504 Evaluation –
Pg 2 of 5
Eligibility
determination
504 Evaluation –
Pg 3 of 5
Committee’s
decision
504 Evaluation –
Pg 4 of 5
Committee’s
decision
continued
504 Evaluation –
Pg 5 of 5
Notice of 504
Evaluation
Results
Parental Consent
for 504 Services
504 Plan –
Pg 1 of 2
504 Plan –
Pg 2 of 2
Listing of
accommodations
Form 15 Dyslexia
For initial
Dyslexia referrals
Pg 1 of 6
Committee list
Form 15 Dyslexia
For initial
Dyslexia referrals
Pg 2 of 6
Procedural
checklist,
Dyslexia eval,
and eligibility
(pt. 1)
Form 15 Dyslexia
For initial
Dyslexia referrals
Pg 3 of 6
Determination of
eligibility
504 eligibility
determination
Form 15 Dyslexia
For initial
Dyslexia referrals
Pg 4 of 6
504 Eligibility
continued
Form 15 Dyslexia
For initial
Dyslexia referrals
Pg 5 of 6
Committee
decision
Form 15 Dyslexia
For Dyslexia
annual eval
and/or
3-yr. re-eval
Questions or Comments
• JW Fulton, 444-4500 x1024
[email protected]
• Vacant, 444-4500 x1014

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