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Ieps and SECTION 504 - WHAT's the DIFFERENCE?

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Ieps and SECTION 504 - WHAT's the DIFFERENCE? February 2017 - In This Issue: IEPs AND SECTION 504 - WHAT'S THE DIFFERENCE? SUPPORT PATHFINDER FUNDING US DEPARTMENT ED NEWS TRAINING OPPORTUNITIES NEWS FROM NDDPI RAISING PRE-SCHOOLERS RAISING ELEMENTARY STUDENTS LIFE WITH TEENS RESOURCES SPOTLIGHT AGENCY/ORGANIZATION SPOTLIGHT IEPs and Section 504 - What's the Difference? To be eligible for individualized assistance under Section 504, a student The staff at Pathfinder is frequently asked must have a disability that "substantially limits" one or more "major life to explain the differences between an IEP activities" (very broadly defined). The major difference between a 504 (Individualized Education Program) and a plan and an IEP is that, for a 504 plan, the student does NOT need Section 504 accommodation plan. We specialized instruction to make effective progress. Instead, the student agree that it can be confusing, so here is a may need only accommodations (such as additional time, special short primer on some key points: seating, or sensory breaks) and/or related services (such as a reading program, speech and language services, or occupational therapy) in Legal Framework order to access the general curriculum. It is important to note a child who is on an IEP is automatically protected under Section 504. In most An Individualized Education Program (IEP) is a written statement of cases, there is no need for two plans, as any needed accommodations a student's educational program designed to meet a child's and related services are typically included in the IEP. individual needs. Every child who receives special education services must have an IEP. The Individuals with Disabilities Placement Education Act of 2004 (IDEA) at the federal level outline the process for how to develop an IEP. Section 504 plans get their Some people believe that a student on a 504 plan will always be name from Section 504 of the Rehabilitation Act of 1973, a federal placed in a regular education classroom, and that students on IEPs are law designed to prevent any student with a disability from placed in separate classrooms. This is not always the case. While some discrimination due to their disability. 504 plans ensure access - by students on IEPs may need instruction in a separate setting, both laws providing students with disabilities with appropriate embrace the presumption of "Least Restrictive Environment" which accommodations and/or services so they can receive a "free and requires that students with disabilities should be educated in classrooms appropriate public education" (FAPE) along with their non-disabled with non-disabled students to the extent possible. Ultimately, with both peers. Both laws mandate that the school evaluate a student for any plans, the placement decision is made based on how best to achieve a area of suspected disability without delay to ensure the student can "free and appropriate education" according to the student's individual receive a "free and appropriate public education" along with their needs. non-disabled peers. Legal Protections Eligibility Under federal and state special education laws, parents have the right to Under the federal and state special education laws, a student is independent educational evaluations and the right to keep their child in deemed eligible for an IEP after a two-pronged test: his/her current program if they disagree with proposed changes in services or discontinuance of an IEP. These are known as "stay put" 1) Does the student have a recognized disability? rights, which can be enforced with dispute resolution options such as mediation or a full special education hearing. Section 504 prohibits 2) Is the student not making effective progress because of the retaliatory acts by school districts and provides the right to appeal the disability, or Does the student need specialized instruction and/or school district's actions the identification, evaluation and placement of a related services to make effective progress in the general student with a disability. curriculum? For more information, check out the full article at http://fcsn.org/2016/fall- If the answer to both tests is "yes", an IEP is required. If not, a 2016/iep-504. This is article comes from our counterpart in Section 504 plan may be considered. Massacheusetts but the information is still very beneficial. For North Dakota specific regulations, the guidelines are online at https://www.nd.gov/dpi/students-parents/sec504/ Help Support Pathfinder in Receiving 2017-2019 Legislative Funding Here is a link to find the districts and where they are located: https://ndgov.maps.arcgis.com/apps/StorytellingTextLegend/index.html? appid=cc1cd59ae12c49af802fd73eabaa82b7 Appropriations - Education and Senate Appropriations Pathfinder is North Environment Division Dakota's only Chairman Federally funded Chair Senator Ray Holmberg Parent Center and is Representative David Monson Republican currently working Republican District 17 hard to secure District 10 Legislative funds for Vice Chairman the 2017-2019 Vice Chairman Senator Bill L. Bowman biennium so we can continue to provide Representative Roscoe Streyle Republican services to the parents of North Dakota. It is Republican District 39 essential that North Dakota continues to invest District 3 in Pathfinder so we can continue to offer Vice Chairman services and trainings to parents and Representative Tracy Boe Senator Karen K. Krebsbach professionals of North Dakota. We also help Democrat Republican parents to network with other organizations and District 9 District 40 service providers. We provide print resources and links to reviewed resources. Please reach Representative Bob Martinson Senator Dick Dever out to North Dakota's legislators and express Republican Republican how important it is to show their support for District 35 District 32 Pathfinder Services of North Dakota. Representative Mark Sanford Senator Robert Erbele Republican Republican District 17 District 28 Representative Mike Schatz Senator John Grabinger Republican Democrat District 36 District 12 Senator David Hogue Representative Jim Schmidt Republican Republican District 38 District 31 Senator Ralph Kilzer Republican District 47 Senator Gary A. Lee Republican District 22 Senator Tim Mathern Democrat District 11 Senator Dave Oehlke Republican District 15 Senator Larry J. Robinson Democrat District 24 Senator Ronald Sorvaag Republican District 45 Senator Terry M. Wanzek Republican District 29 U.S. DEPARTMENT OF EDUCATION NEWS Guidance from the Office of Special Education Programs on IDEA Part B and Virtual Schools OSEP has issued a "Dear Colleague" letter, which addresses the general responsibilities of state education agencies and local education agencies with regard to children with disabilities who attend virtual schools. The EDFacts information collection defines virtual school as a "public school that offers only virtual courses: instruction in which children and teachers are separated by time and/or location." The letter clarifies some of the critical requirements in Part B of the Individuals With Disabilities Education Act (IDEA) that apply to virtual schools. Below are some key points in the letter. The educational rights and protections afforded to children with disabilities and their parents under IDEA must not be diminished or compromised when children with disabilities attend virtual schools. States are responsible for ensuring that all school districts, including virtual schools that operate as school districts, implement the requirements of IDEA. To ensure a free appropriate public education to children with disabilities in virtual schools, each school district must implement the evaluation, eligibility, individualized education program (IEP), and least restrictive environment requirements under IDEA. Each state must have policies and procedures that ensure that children with disabilities who attend virtual schools are included in all general state- and district-wide assessment programs-including assessments with appropriate accommodations and alternate assessments (where necessary and as indicated in their respective IEPs). To read the letter, go to https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/dcl--virtual-schools--08-05-2016.pdf TRAINING OPPORTUNITIES Partner Date Time Title Location Cost To Register Region VI 2/6 6:00 - 8:00 Overdone! Stutsman County Extension Service, 502 10th Ave SE, Free and light 701- Parent Jamestown dinner 845- Resource provided 8528 Center Region II 1/10 to 6:00 - 8:00 Parenting TBD Free Call Parent 2/7 the Love 875- Resource and Logic 6450 Center Way Region VI 1/12 to 6:30 - Parenting Edgeley Public School, 307 6th St, Edgeley Free 701- Parent 2/16 8:00 the Love 845- Resource and Logic 8528 Center Way NDSU 1/17 to 6:15 - 8:15 Parenting Dakota Medical Foundation, 4141 28th Avenue South, Fargo Free 701- Region V 2/21 the Love 241- Parenting and Logic 5700 Resource Way Center Grand 1/18 to 6:30 - The Choice Health and Fitness, 4401 S 11th St, Grand Forks Free - but Call Forks 2/22 8:00 Nurtured pre 780- NDSU Heart registration is 8229 County Approach required Extension - for men only NDSU 1/23 to 6:15 - 8:00 Nurtured First United Methodist Church, 906 1st Ave S, Fargo TBD 701- Region V 3/6 Heart 241- Parenting Approach 5700 Resource Center Region 1/26 to 6:00 - 7:30 Conscious Bismarck VII 2/23 Discipline Parent Resource Center Region VI 1/26 to 6:00 - 8:00 Active Jamestown Middle School, 203 2nd Ave SE, Jamestown Free 701- Parent 3/2 Parenting 845- Resource of Teens 8528 Center Center Region II 1/30 to 6:00- 7:30 Nurtured
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