I.D.E.A.
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A.D.A./Section 504
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Type of Statute
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Provides funding to states to ensure provision of free appropriate public education for children with disabilities
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Civil Rights statute protecting persons with disabilities from discrimination
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Main Provisions
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Establishes procedural safeguards and the right to free appropriate public education in the least restrictive environment
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Because of a disability, a qualified person can't be: excluded from participation in, denied benefits of or be subject to discrimination by any service, program or activity
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Who is Protected
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Children falling into the 13 categories listed in the IDEA and requiring special educational services to benefit from an education
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Any person with a physical or mental impairment that substantially limits a major life activity
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Extent of Obligation
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Free appropriate public education ensuring a meaningful benefit from education
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Equivalent access to educational and extracurricular programs
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Delivery Method
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Individualized Education Plan (IEP)
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No formal plan. Worked out on a case-by-case basis with the institution's Disabled Student Services Office
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Services Available
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· Supplemental Aides and Services
· Occupational Therapy
· Speech and Language Therapy
· Notetakers
· Counseling
· Tutoring
· Resource Room
· Paraprofessional Aides
· Testing Modifications
· Adaptive Equipment
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· Reasonable Accommodations and Academic Adjustments
· Interpreters
· Notetakers
· Testing Modifications
· Priority Registration
· Real Time Reporting
Note: Counseling, tutoring and personal aides are NOT required by 504
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Student's Responsibility
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Do one's best
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· Disclose disability
· Provide documentation
· Facilitate the provision of reasonable accommodations
· Show up to class
· Use accommodations appropriately
· Speak up if trouble arises
· There is no statuary mechanism requiring parental involvement and such involvement is discouraged in college
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Enforcement
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Due Process: (1) impartial hearing; (2) state review (appeal); then (3) federal court
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Internal grievance procedure and/or complaint to the Office of Civil Rights and/or go directly to federal courts
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Funding
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Federal funds to states to support special education programs
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No funding attached. Costs are incurred by the institution
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Grievance
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Administrative due process procedures as outlined in state education law
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Internal grievance or Office of Civil Rights
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Caveats
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If it's not on the IEP you won't receive it
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· Accommodations must be reasonable
· As circumstances warrant, accommodations may change over time
· There is no "plan" to be set up and trial and error may be a necessary part of the process
· Colleges are not required to "fundamentally alter" their programs or incur "undue hardship."
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