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Slide #1 - Professional Perspective, Audience, and Topic

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Slide #1 - Professional Perspective, Audience, and Topic

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My name is Lindsey Carlton and I am currently a graduate student at Angelo State University. I am pursuing my Master's degree in Professional School Counseling. I have been in the education field for three going on four years. I have taught first, fourth, and fifth grades providing me with a variety of reading and academic levels. The information in this padlet is to help support teachers, administrators, and other school counselors in supporting students with dyslexia. I chose to research and learn more about this topic because I had quite a few students with dyslexia last year, and I wanted to see the legal side of dyslexia in education.

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I interviewed Melanie Adlof, school counselor at Johnson Elementary School in Prosper ISD. This is her third year as a school counselor.

Adlof discussed how as a school counselor, it is important to ensure a positive impact on students with dyslexia. She has seen students with dyslexia in her office because they have had a breakdown in the classroom. These students are being impacted socially and emotionally with frustration, embarrassment, and feeling of isolation because they are not good at reading (Adlof, personal communication). Educators need to boost students with dyslexia's self-esteem, advocate for their rights, and naturally empower them to grow their abilities.

Adlof discusses that as a teacher and a school counselor, she uses similar best practices to encourage a positive effect on students with dyslexia. The first best practice Adlof mentioned was building relationships with these students in order to create a positive environment. The second best practice was the use of visual representations for an additional support for students with dyslexia to make connections. The last best practice is using assistive technology for students with dyslexia to enjoy writing or reading (Adlof, personal communication).

As a school counselor, Adlof states that one of the big impacts students with dyslexia is the rise in anxiety (Adlof, personal communication). She has been seeing more students in special education and with dyslexia specifically that are having breakdowns in the classroom because of work anxiety. Adlof says that teachers and school counselors should teach their students coping strategies, so that there are less breakdowns occurring in the classroom (personal communication). Keeping anxiety and stress low in the classroom will promote a safe environment where students with dyslexia can engage in effective learning.

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Grounded by Tradition, Soaring to New Beginnings

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Professional Association: International Dyslexia Association (IDA)
Webinar: Overcoming Dyslexia: What does It Take?
Link: https://dyslexiaida.org/webinars/

Summary: Since my topic is working with students who have dyslexia, it is beneficial to understand ways to support these students in schools. This webinar provided information on effective instruction, how to adjust instruction based on instructional level, and how teachers need to have opportunities to grow their understanding of supporting students with dyslexia. Dr. Mathes compares the differences between effective and ineffective dyslexia instruction to ensure understanding on best practices.

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Citation: Richman, T. (2021). Will Texas improve how it helps kids with dyslexia? Advocates' hope for action becomes 'study' on senate floor. The Dallas Morning News. https://www.dallasnews.com/news/education/2021/05/26/will-texas-update-how-it-identifies-kids-with-dyslexia/
Article Link: https://www.dallasnews.com/news/education/2021/05/26/will-texas-update-how-it-identifies-kids-with-dyslexia/

Summary:

Texas state legislation is discussing a bill to revise the state dyslexia handbook for more improvement on identifying students with dyslexia.

Parents who are advocating for change in the identification of dyslexia, are upset that they do not have the option given to them to complete a full evaluation.

The bill was changed into a study that would be done to ensure school districts were providing these students with equal opportunities to be placed in the special education system.

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Will Texas improve how it helps kids with dyslexia? Advocates' hope for action becomes 'study' on Senate floor

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Texas has faced years of criticism from federal education authorities over the state's special education practices.

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Citation: Swaby, A. (2020). Texas schools still failing special education students, federal review finds. The Texas Tribune. https://www.texastribune.org/2020/11/05/texas-schools-failing-special-education-students/
Article Link:
https://www.texastribune.org/2020/11/05/texas-schools-failing-special-education-students/

Summary:

In 2018 the federal government found that multiple Texas public schools were denying students with special education their rights.

The Texas Education Agency (TEA) was given 90 days to respond to this horrific issue.

They states that they would need to work with the school districts to effectively implement proper procedures to get students serviced as well as identified.

The TEA revised the handbook to provide an understanding of how to serve students with dyslexia.

Many are left confused on the guidelines given in the updated handbook. The TEA has since updated the guidelines again to dispute any misunderstandings.

COVID-19 left parents worried about their children with disabilities that were falling behind and facing extreme challenges in school.

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Texas has failed to prove it did enough to overhaul a system that illegally left thousands of public school students who have disabilities without needed special education services, according to a letter federal officials sent the state last month.

A 2018 federal investigation found the state had been effectively denying students with disabilities the tools and services they need in order to learn, in violation of federal law.

After visiting 12 Texas public schools in May 2019, the U.S. Department of Education did not find sufficient evidence Texas had done what was necessary to reach all the students who were previously denied special education services. Texas also didn't show proof it had provided school districts with clear guidance on their responsibilities under federal law, leaving school officials with "continued confusion" about how to interpret it.

Federal officials "cannot determine, in the absence of additional and up-to-date information, whether these actions have been sufficient to fully address the noncompliance identified" in the initial federal investigation, the letter reads. The Texas Education Agency has 90 days to respond from the date of the letter, Oct. 19.

The federal letter is in response to one TEA sent Oct. 5 asking for feedback from the monitoring visit more than a year earlier. "Because TEA has completed all of the required corrective actions and has not received additional feedback from [federal officials] to the contrary, the agency respectfully requests the close out of the corrective action and that Texas be returned to a status of 'compliant,'" the agency wrote in that letter.

In a statement to The Texas Tribune, the TEA said it is in the process of responding to the most recent federal letter and is "confident in the progress we've made on behalf of our state's students served by special education." The agency said it has been working with the federal government to implement its special education overhaul, and the letter came as a "culmination of our collaboration ... to demonstrate how our agency has effectively implemented the activities of our Corrective Action Response."

The TEA also said it is "continuously working with [school districts] to close the gap between unidentified need and ensuring our students have all the supports they require" and that its actions have gone "significantly beyond what was required."

The state's actions on this issue hold high importance for the more than half a million Texas students who receive special education services through public schools - and those who have been left out.

Under federal law, school districts are required to evaluate students thought to need extra help and work with parents or guardians to draw up annual plans to address those needs. For some students, that may be extra time to take a test, while others may need full-time aides or a team of specialists to help them speak or walk.

As early as March 2019 and until this October, the state education agencyhas repeatedly said it has fully addressed problems identified in the 2018 investigation.

But the federal government found otherwise on its monitoring visits. Although the TEA funded additional staff positions, offered grants to schools and bolstered state-level specialists, educators and parents interviewed by the federal investigators still said school districts were not following the law and were wrongly denying students extra help. Some told the federal government they questioned the TEA's ability to properly enforce special education law.

Some of the changes TEA made have not done enough to improve school leaders' actions, the letter says. For example, Texas revised its handbook on how schools should serve kids with dyslexia, the most common learning disability. The previous policy on dyslexia was ambiguous and may have directed some eligible students away from special education, the federal investigation found in 2018.

Despite the revision, many schools confused by the handbook are still consistently declaring students with dyslexia automatically ineligible for special education. One educator wrongly told federal officials that students with dyslexia did not struggle with reading comprehension or fluency, so they did not need additional services. "School staff referenced the Dyslexia Handbook as support for their current practices or, in some cases, a source of ambiguous guidance," the letter reads.

And the TEA has not done enough to explain to parents their rights under federal law. Some of the information the TEA has included in state handbooks and parental guides is inaccurate or unclear and must be revised to be consistent with federal law.

The federal visit was conducted before the COVID-19 pandemic shut down in-person education for millions of Texas public school students, leaving students with special needs even more vulnerable.

Many parents said they already see their children, who have an array of behavioral, emotional and physical challenges, falling behind and losing important skills. They have been on their own to seek out services such as speech and physical therapy, while school districts struggled to adapt individualized learning plans to virtual education.

The TEA released suggested guidelines for schools to consider students with disabilities in their virtual learning plans, including access to technology such as audiobooks and screen readers. In the meantime, some parents have already left for private options, for which the state has provided some money.

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Texas schools still failing special education students, federal review finds

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Texas has failed to prove it did enough to overhaul a system that illegally left thousands of public school students who have disabilities without needed special education services, according to a letter federal officials sent the state last month.

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Federal
Source of Law: Constitutional Law
Example: 14th Amendment
Citation: U.S. Const. amend. XIV, § 2
Link to Example: https://www.concordlawschool.edu/blog/constitutional-law/14th-amendment-protects-rights-education/#:~:text=The%20law%20requires%20public%20schools,are%20caused%20by%20their%20disability.

The 14th amendment provides equal protection to laws for all United States citizens.

This amendment of the Constitution was a path leading to the equal rights to a free public education.

This allows for students with disabilities to receive a free public education.

State
Source of Law: Constitutional Law
Example: Texas Bill of Rights Section 3
Citation: T.X. Const. art. I § 3
Link to Example: https://statutes.capitol.texas.gov/Docs/CN/htm/CN.1.htm

The Texas Constitution is similar to the United States Constitution. It lays out the rights of the people living in the state of Texas.

Article I, Section 3 of the Texas Constitution discussed the equal rights of all public services. This is the same as the 14th Amendment, but specifically defines the law for Texas citizens.

Ensures that people with disabilities are equally allowed access to public services in the state of Texas.

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Over the years, the 14th Amendment of the United States Constitution has had an enormous impact on protecting individual rights in public elementary and secondary education. This has occurred through the United States Supreme Court's interpretation of the Equal Protection Clause, the Due Process Clause, and the incorporation of other rights (like freedom of speech) to the states through the 14th Amendment.

Equal Protection Clause

The Equal Protection Clause of the 14th Amendment provides that a state may not "deny to any person within its jurisdiction the equal protection of the laws." It applies to public elementary and secondary schools, as they are considered to be state actors. In 1954, the Supreme Court interpreted the Equal Protection Clause's requirements in Brown v. Board of Education. In perhaps one of the most famous and important cases issued by the Court, it stated:

We conclude that in the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs...are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the 14th Amendment.

That language, and the Court's decision, had a dramatic impact on public education. Schools were required to end the discriminatory practice of segregating students based on race. While segregation was more prevalent in some states than in others, all public schools in all states that had segregated students needed to desegregate, or face claims that they were in violation of the 14th Amendment. What followed was roughly 50 years of desegregation efforts in public schools, and numerous court decisions regarding the constitutionality of those desegregation efforts.

Over time, the focus evolved from ending and remedying the vestiges of discriminatory practices to integration efforts that sought to promote the diversity of the student population in public schools. In some instances, these integration efforts were voluntary, meaning they were done by schools that had not segregated students in the past. These integration efforts continue to this day, and the predominant legal issues revolve around the extent to which race can be used as a factor in the assignment of students to certain schools in order to diversify the student body.

The language, and the logic, of the Brown v. Board decision also found its way into other types of Equal Protection claims. For example, in the mid-1970s, students with disabilities challenged their exclusion from public school on equal protection grounds. Two very influential lower court decisions, PARC v Commonwealth of Pennsylvania, and Mills v. Board of Education of the District of Columbia, relied on Brown v. Board and determined that students with disabilities could not be excluded from public school because of their disabilities.

Those court decisions led to a federal statute that imposed similar requirements on all public schools that accepted certain federal funds. That law turned into the Individuals with Disabilities Education Act (IDEA), which today applies to all public schools. The law requires public schools to provide all students with disabilities with a Free and Appropriate Public Education (FAPE). It also prohibits schools from expelling or suspending students with disabilities for longer than 10 days, when the student's actions are caused by their disability.

Due Process Clause

Due process is another area of the 14th Amendment that has had a dramatic impact on individual rights in public education. The Due Process Clause says that states may not "deprive any person of life, liberty, or property, without due process of law." The Supreme Court has interpreted this clause to have substantive and procedural protections. With substantive due process, the 14th Amendment protects a parent's right to direct the educational upbringing of their child. Because of this right, the Supreme Court ruled that a state statute that prohibited the teaching of foreign language, and a state statute that required all students to attend public schools, as opposed to private schools, violated the 14th Amendment. See Meyer v. Nebraska and Pierce v. Society of Sisters. The Court also ruled that a state statute that required Amish children to attend school past the eighth grade violated the substantive due process rights, and the religious freedom rights, of Amish parents to direct the educational and religious upbringing of their children. See Wisconsin v. Yoder.

As a result of these substantive due process protections, all states currently have exceptions in their state compulsory attendance statutes that require students of certain ages to attend school. The exceptions allow for attendance at private schools, religious schools, and homeschool to meet the compulsory attendance requirements.

The procedural due process protections of the 14th Amendment have also played an important role in public education, particularly in the areas of student discipline and teacher employment. With student discipline, the Supreme Court has ruled that students have a "legitimate entitlement to a public education as a property right." See Goss v. Lopez. That right may not be taken away without first providing due process protections, which are generally notice of what the student is accused of doing, and the opportunity to be heard before the student is disciplined.

The required amount of notice and opportunity to be heard increases as the severity of the discipline increases. With minor disciplinary actions, an informal discussion with the principal may be sufficient to meet the requirements. For more severe discipline, such as expulsion, a more detailed hearing is generally required to give the student a chance to present evidence, and to cross-examine witnesses. As a result of these constitutional due process protections, all states have enacted statutes and regulations that provide due process protections for students during the discipline process.

A similar due process right applies to tenured teachers at public elementary and secondary schools. Once a teacher receives tenured status, they have a property interest in their continued employment, and must be provided with notice and a hearing before it may be taken away from them. See Perry v. Sindermann.

Incorporation

The third area where the 14th Amendment has impacted public schools is in the application of other constitutional rights to the states through the 14th Amendment, via a concept known as incorporation. Perhaps the biggest impact here has been the First Amendment's right to free speech, although other protections like freedom of religion have also made their mark on public education.

In the area of free speech, the Supreme Court has said that students and teachers do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." See Tinker v. Des Moines. While courts do give some deference to school administrators in making decisions about whether to prohibit certain student speech, the First Amendment requires schools to justify their decisions when they infringe on free speech rights. The level of justification required depends on the nature of the speech, and the nature of the restriction.

For example, in Tinker v. Des Moines, students were protesting the Vietnam War by wearing armbands, and the school disciplined the students for doing so. The Supreme Court ruled that the discipline violated the First Amendment, because the school could not show that the speech could reasonably be expected to cause a substantial disruption with school activities or the rights of others. By contrast, in Morse v. Frederick, the Supreme Court deferred to a school administrator's judgment that a sign that said "Bong Hits 4 Jesus" promoted drug use, and upheld the discipline of the students that displayed the sign at a school event.

These are just a few examples of the many ways that the 14th Amendment impacts individual rights in public education. Many of these issues arise on a daily basis in public schools, and the 14th Amendment provides some constitutional protections of individual rights that schools must take into account when addressing them.

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The 14th Amendment Protects the Right to a Public Education

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Over the years, the 14th Amendment of the United States Constitution has had an enormous impact on protecting individual rights in public elementary and secondary education. This has occurred through the United States Supreme Court's interpretation of the Equal Protection Clause, the Due Process Clause, and the incorporation of other rights (like freedom of speech) to the states through the 14th Amendment.

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Federal
Source of Law: Statutory Law
Example: Section 504
Citation: 29 U.S.C. § 794
Link to Example: https://www2.ed.gov/about/offices/list/ocr/504faq.html

Section 504 deals with students with disabilities in federally funded programs or activities.

This provides students with free public education with qualified disabilities no matter the severity of the disability.

Section 504 is not a full evaluation like an Individualized Education Plan (IEP) that students in special education receive.

Consent is required for evaluation and placement by a parent or legal guardian for student to be provided assistance under Section 504 for a disability.

State
Source of Law: Statutory Law
Example: Texas Code Section 38.003
Citation: Tex. Ed. Code § 38.003
Link to Example: https://www.region10.org/programs/dyslexia-statewide/dyslexia-handbook/texas-education-code-38-003-state-law/

Students with dyslexia are entitled to free public education.

Dyslexia screenings are required to be completed in kindergarten and first grade.

Rules and standards given to school districts for assisting students with dyslexia in schools.

Defines what the term 'dyslexia' means and 'related disorders' to dyslexia.

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Introduction | Interrelationship of IDEA and Section 504 | Protected Students | Evaluation | Placement |
Procedural Safeguards | Terminology

This document is a revised version of a document originally developed by the Chicago Office of the Office for Civil Rights (OCR) in the U.S. Department of Education (ED) to clarify the requirements of Section 504 of the Rehabilitation Act of 1973, as amended (Section 504) in the area of public elementary and secondary education. The primary purpose of these revisions is to incorporate information about the Americans with Disabilities Act Amendments Act of 2008 (Amendments Act), effective January 1, 2009, which amended the Americans with Disabilities Act of 1990 (ADA) and included a conforming amendment to the Rehabilitation Act of 1973 that affects the meaning of disability in Section 504. The Amendments Act broadens the interpretation of disability. The Amendments Act does not require ED to amend its Section 504 regulations. ED's Section 504 regulations as currently written are valid and OCR is enforcing them consistent with the Amendments Act. In addition, OCR is currently evaluating the impact of the Amendments Act on OCR's enforcement responsibilities under Section 504 and Title II of the ADA, including whether any changes in regulations, guidance, or other publications are appropriate. The revisions to this Frequently Asked Questions document do not address the effects, if any, on Section 504 and Title II of the amendments to the regulations implementing the Individuals with Disabilities Education Act (IDEA) that were published in the Federal Register at 73 Fed. Reg. 73006 (December 1, 2008).
INTRODUCTION
An important responsibility of the Office for Civil Rights (OCR) is to eliminate discrimination on the basis of disability against students with disabilities. OCR receives numerous complaints and inquiries in the area of elementary and secondary education involving Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794 (Section 504). Most of these concern identification of students who are protected by Section 504 and the means to obtain an appropriate education for such students.

Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. Department of Education (ED). Section 504 provides: "No otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his disability, 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 . . . ."

OCR enforces Section 504 in programs and activities that receive Federal financial assistance from ED. Recipients of this Federal financial assistance include public school districts, institutions of higher education, and other state and local education agencies. The regulations implementing Section 504 in the context of educational institutions appear at 34 C.F.R. Part 104.

The Section 504 regulations require a school district to provide a "free appropriate public education" (FAPE) to each qualified student with a disability who is in the school district's jurisdiction, regardless of the nature or severity of the disability. Under Section 504, FAPE consists of the provision of regular or special education and related aids and services designed to meet the student's individual educational needs as adequately as the needs of nondisabled students are met.

This resource document clarifies pertinent requirements of Section 504.

For additional information, please contact the Office for Civil Rights.
INTERRELATIONSHIP OF IDEA AND SECTION 504 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.

2. How does OCR get involved in disability issues within a school district?

OCR receives complaints from parents, students or advocates, conducts agency initiated compliance reviews, and provides technical assistance to school districts, parents or advocates.

3. Where can a school district, parent, or student get information on Section 504 or find out information about OCR's interpretation of Section 504 and Title II?

OCR provides technical assistance to school districts, parents, and students upon request. Additionally, regulations and publicly issued policy guidance is available on OCR's website, at http://www.ed.gov/policy/rights/guid/ocr/disability.html.
4. What services are available for students with disabilities under Section 504?
Section 504 requires recipients to provide to students with disabilities appropriate educational services designed to meet the individual needs of such students to the same extent as the needs of students without disabilities are met. An appropriate education for a student with a disability under the Section 504 regulations could consist of education in regular classrooms, education in regular classes with supplementary services, and/or special education and related services.

5. Does OCR examine individual placement or other educational decisions for students with disabilities?

Except in extraordinary circumstances, OCR does not review the result of individual placement or other educational decisions so long as the school district complies with the procedural requirements of Section 504 relating to identification and location of students with disabilities, evaluation of such students, and due process. Accordingly, OCR generally will not evaluate the content of a Section 504 plan or of an individualized education program (IEP); rather, any disagreement can be resolved through a due process hearing. The hearing would be conducted under Section 504 or the IDEA, whichever is applicable.

OCR will examine procedures by which school districts identify and evaluate students with disabilities and the procedural safeguards which those school districts provide students. OCR will also examine incidents in which students with disabilities are allegedly subjected to treatment which is different from the treatment to which similarly situated students without disabilities are subjected. Such incidents may involve the unwarranted exclusion of disabled students from educational programs and services.

6. What protections does OCR provide against retaliation?

Retaliatory acts are prohibited. A recipient is prohibited from intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by Section 504.

7. Does OCR mediate complaints?

OCR does not engage in formal mediation. However, OCR may offer to facilitate mediation, referred to as "Early Complaint Resolution," to resolve a complaint filed under Section 504. This approach brings the parties together so that they may discuss possible resolution of the complaint immediately. If both parties are willing to utilize this approach, OCR will work with the parties to facilitate resolution by providing each an understanding of pertinent legal standards and possible remedies. An agreement reached between the parties is not monitored by OCR.

8. What does noncompliance with Section 504 mean?

A school district is out of compliance when it is violating any provision of the Section 504 statute or regulations.

9. What sanctions can OCR impose on a school district that is out of compliance?

OCR initially attempts to bring the school district into voluntary compliance through negotiation of a corrective action agreement. If OCR is unable to achieve voluntary compliance, OCR will initiate enforcement action. OCR may: (1) initiate administrative proceedings to terminate Department of Education financial assistance to the recipient; or (2) refer the case to the Department of Justice for judicial proceedings.

10. Who has ultimate authority to enforce Section 504?

In the educational context, OCR has been given administrative authority to enforce Section 504. Section 504 is a Federal statute that may be enforced through the Department's administrative process or through the Federal court system. In addition, a person may at any time file a private lawsuit against a school district. The Section 504 regulations do not contain a requirement that a person file a complaint with OCR and exhaust his or her administrative remedies before filing a private lawsuit.
STUDENTS PROTECTED UNDER SECTION 504
Section 504 covers qualified students with disabilities who attend schools receiving Federal financial assistance. To be protected under Section 504, a student must be determined to: (1) have a physical or mental impairment that substantially limits one or more major life activities; or (2) have a record of such an impairment; or (3) be regarded as having such an impairment. Section 504 requires that school districts provide a free appropriate public education (FAPE) to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities.

11. What is a physical or mental impairment that substantially limits a major life activity?

The determination of whether a student has a physical or mental impairment that substantially limits a major life activity must be made on the basis of an individual inquiry. The Section 504 regulatory provision at 34 C.F.R. 104.3(j)(2)(i) defines a physical or mental impairment as any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as intellectual disabilities, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The regulatory provision does not set forth an exhaustive list of specific diseases and conditions that may constitute physical or mental impairments because of the difficulty of ensuring the comprehensiveness of such a list.

Major life activities, as defined in the Section 504 regulations at 34 C.F.R. 104.3(j)(2)(ii), include functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. This list is not exhaustive. Other functions can be major life activities for purposes of Section 504. In the Amendments Act (see FAQ 1), Congress provided additional examples of general activities that are major life activities, including eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating. Congress also provided a non-exhaustive list of examples of "major bodily functions" that are major life activities, such as the functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. The Section 504 regulatory provision, though not as comprehensive as the Amendments Act, is still valid - the Section 504 regulatory provision's list of examples of major life activities is not exclusive, and an activity or function not specifically listed in the Section 504 regulatory provision can nonetheless be a major life activity.

12. Does the meaning of the phrase "qualified student with a disability" differ on the basis of a student's educational level, i.e., elementary and secondary versus postsecondary?

Yes. At the elementary and secondary educational level, a "qualified student with a disability" is a student with a disability who is: of an age at which students without disabilities are provided elementary and secondary educational services; of an age at which it is mandatory under state law to provide elementary and secondary educational services to students with disabilities; or a student to whom a state is required to provide a free appropriate public education under the Individuals with Disabilities Education Act (IDEA).

At the postsecondary educational level, a qualified student with a disability is a student with a disability who meets the academic and technical standards requisite for admission or participation in the institution's educational program or activity.

13. Does the nature of services to which a student is entitled under Section 504 differ by educational level?

Yes. Public elementary and secondary recipients are required to provide a free appropriate public education to qualified students with disabilities. Such an education consists of regular or special education and related aids and services designed to meet the individual educational needs of students with disabilities as adequately as the needs of students without disabilities are met.

At the postsecondary level, the recipient is required to provide students with appropriate academic adjustments and auxiliary aids and services that are necessary to afford an individual with a disability an equal opportunity to participate in a school's program. Recipients are not required to make adjustments or provide aids or services that would result in a fundamental alteration of a recipient's program or impose an undue burden.

14. Once a student is identified as eligible for services under Section 504, is that student always entitled to such services?

Yes, as long as the student remains eligible. The protections of Section 504 extend only to individuals who meet the regulatory definition of a person with a disability. If a recipient school district re-evaluates a student in accordance with the Section 504 regulatory provision at 34 C.F.R. 104.35 and determines that the student's mental or physical impairment no longer substantially limits his/her ability to learn or any other major life activity, the student is no longer eligible for services under Section 504.

15. Are current illegal users of drugs excluded from protection under Section 504?

Generally, yes. Section 504 excludes from the definition of a student with a disability, and from Section 504 protection, any student who is currently engaging in the illegal use of drugs when a covered entity acts on the basis of such use. (There are exceptions for persons in rehabilitation programs who are no longer engaging in the illegal use of drugs).

16. Are current users of alcohol excluded from protection under Section 504?

No. Section 504's definition of a student with a disability does not exclude users of alcohol. However, Section 504 allows schools to take disciplinary action against students with disabilities using drugs or alcohol to the same extent as students without disabilities.
EVALUATION
At the elementary and secondary school level, determining whether a child is a qualified disabled student under Section 504 begins with the evaluation process. Section 504 requires the use of evaluation procedures that ensure that children are not misclassified, unnecessarily labeled as having a disability, or incorrectly placed, based on inappropriate selection, administration, or interpretation of evaluation materials.

17. What is an appropriate evaluation under Section 504?

Recipient school districts must establish standards and procedures for initial evaluations and periodic re-evaluations of students who need or are believed to need special education and/or related services because of disability. The Section 504 regulatory provision at 34 C.F.R. 104.35(b) requires school districts to individually evaluate a student before classifying the student as having a disability or providing the student with special education. Tests used for this purpose must be selected and administered so as best to ensure that the test results accurately reflect the student's aptitude or achievement or other factor being measured rather than reflect the student's disability, except where those are the factors being measured. Section 504 also requires that tests and other evaluation materials include those tailored to evaluate the specific areas of educational need and not merely those designed to provide a single intelligence quotient. The tests and other evaluation materials must be validated for the specific purpose for which they are used and appropriately administered by trained personnel.

18. How much is enough information to document that a student has a disability?

At the elementary and secondary education level, the amount of information required is determined by the multi-disciplinary committee gathered to evaluate the student. The committee should include persons knowledgeable about the student, the meaning of the evaluation data, and the placement options. The committee members must determine if they have enough information to make a knowledgeable decision as to whether or not the student has a disability. The Section 504 regulatory provision at 34 C.F.R. 104.35(c) requires that school districts draw from a variety of sources in the evaluation process so that the possibility of error is minimized. The information obtained from all such sources must be documented and all significant factors related to the student's learning process must be considered. These sources and factors may include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior. In evaluating a student suspected of having a disability, it is unacceptable to rely on presumptions and stereotypes regarding persons with disabilities or classes of such persons. Compliance with the IDEA regarding the group of persons present when an evaluation or placement decision is made is satisfactory under Section 504.

19. What process should a school district use to identify students eligible for services under Section 504? Is it the same process as that employed in identifying students eligible for services under the IDEA?

School districts may use the same process to evaluate the needs of students under Section 504 as they use to evaluate the needs of students under the IDEA. If school districts choose to adopt a separate process for evaluating the needs of students under Section 504, they must follow the requirements for evaluation specified in the Section 504 regulatory provision at 34 C.F.R. 104.35.

20. May school districts consider "mitigating measures" used by a student in determining whether the student has a disability under Section 504?

No. As of January 1, 2009, school districts, in determining whether a student has a physical or mental impairment that substantially limits that student in a major life activity, must not consider the ameliorating effects of any mitigating measures that student is using. This is a change from prior law. Before January 1, 2009, school districts had to consider a student's use of mitigating measures in determining whether that student had a physical or mental impairment that substantially limited that student in a major life activity. In the Amendments Act (see FAQ 1), however, Congress specified that the ameliorative effects of mitigating measures must not be considered in determining if a person is an individual with a disability.

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; and learned behavioral or adaptive neurological modifications.

Congress created one exception to the mitigating measures analysis. The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining if an impairment substantially limits a major life activity. "Ordinary eyeglasses or contact lenses" are lenses that are intended to fully correct visual acuity or eliminate refractive error, whereas "low-vision devices" (listed above) are devices that magnify, enhance, or otherwise augment a visual image.

21. Does OCR endorse a single formula or scale that measures substantial limitation?

No. The determination of substantial limitation must be made on a case-by-case basis with respect to each individual student. The Section 504 regulatory provision at 34 C.F.R. 104.35 (c) requires that a group of knowledgeable persons draw upon information from a variety of sources in making this determination.

22. Are there any impairments which automatically mean that a student has a disability under Section 504?

No. An impairment in and of itself is not a disability. The impairment must substantially limit one or more major life activities in order to be considered a disability under Section 504.

23. Can a medical diagnosis suffice as an evaluation for the purpose of providing FAPE?

No. A physician's medical diagnosis may be considered among other sources in evaluating a student with an impairment or believed to have an impairment which substantially limits a major life activity. Other sources to be considered, along with the medical diagnosis, include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior. As noted in FAQ 22, the Section 504 regulations require school districts to draw upon a variety of sources in interpreting evaluation data and making placement decisions.

24. Does a medical diagnosis of an illness automatically mean a student can receive services under Section 504?

No. A medical diagnosis of an illness does not automatically mean a student can receive servicesunder Section 504. The illness must cause a substantial limitation on the student's ability to learn or another major life activity. For example, a student who has a physical or mental impairment would not be considered a student in need of services under Section 504 if the impairment does not in any way limit the student's ability to learn or other major life activity, or only results in some minor limitation in that regard.

25. How should a recipient school district handle an outside independent evaluation? Do all data brought to a multi-disciplinary committee need to be considered and given equal weight?

The results of an outside independent evaluation may be one of many sources to consider. Multi-disciplinary committees must draw from a variety of sources in the evaluation process so that the possibility of error is minimized. All significant factors related to the subject student's learning process must be considered. These sources and factors include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior, among others. Information from all sources must be documented and considered by knowledgeable committee members. The weight of the information is determined by the committee given the student's individual circumstances.

26. What should a recipient school district do if a parent refuses to consent to an initial evaluation under the Individuals with Disabilities Education Act (IDEA), but demands a Section 504 plan for a student without further evaluation?

A school district must evaluate a student prior to providing services under Section 504. Section 504 requires informed parental permission for initial evaluations. If a parent refuses consent for an initial evaluation and a recipient school district suspects a student has a disability, the IDEA and Section 504 provide that school districts may use due process hearing procedures to seek to override the parents' denial of consent.

27. Who in the evaluation process makes the ultimate decision regarding a student's eligibility for services under Section 504?

The Section 504 regulatory provision at 34 C.F.R.104.35 (c) (3) requires that school districts ensure that the determination that a student is eligible for special education and/or related aids and services be made by a group of persons, including persons knowledgeable about the meaning of the evaluation data and knowledgeable about the placement options. If a parent disagrees with the determination, he or she may request a due process hearing.

28. Once a student is identified as eligible for services under Section 504, is there an annual or triennial review requirement? If so, what is the appropriate process to be used? Or is it appropriate to keep the same Section 504 plan in place indefinitely after a student has been identified?

Periodic re-evaluation is required. This may be conducted in accordance with the IDEA regulations, which require re-evaluation at three-year intervals (unless the parent and public agency agree that re-evaluation is unnecessary) or more frequently if conditions warrant, or if the child's parent or teacher requests a re-evaluation, but not more than once a year (unless the parent and public agency agree otherwise).

29. Is a Section 504 re-evaluation similar to an IDEA re-evaluation? How often should it be done?

Yes. Section 504 specifies that re-evaluations in accordance with the IDEA is one means of compliance with Section 504. The Section 504 regulations require that re-evaluations be conducted periodically. Section 504 also requires a school district to conduct a re-evaluation prior to a significant change of placement. OCR considers an exclusion from the educational program of more than 10 school days a significant change of placement. OCR would also consider transferring a student from one type of program to another or terminating or significantly reducing a related service a significant change in placement.

30. What is reasonable justification for referring a student for evaluation for services under Section 504?

School districts may always use regular education intervention strategies to assist students with difficulties in school. Section 504 requires recipient school districts to refer a student for an evaluation for possible special education or related aids and services or modification to regular education if the student, because of disability, needs or is believed to need such services.

31. A student is receiving services that the school district maintains are necessary under Section 504 in order to provide the student with an appropriate education. The student's parent no longer wants the student to receive those services. If the parent wishes to withdraw the student from a Section 504 plan, what can the school district do to ensure continuation of services?

The school district may initiate a Section 504 due process hearing to resolve the dispute if the district believes the student needs the services in order to receive an appropriate education.

32. A student has a disability referenced in the IDEA, but does not require special education services. Is such a student eligible for services under Section 504?

The student may be eligible for services under Section 504. The school district must determine whether the student has an impairment which substantially limits his or her ability to learn or another major life activity and, if so, make an individualized determination of the child's educational needs for regular or special education or related aids or services. For example, such a student may receive adjustments in the regular classroom.

33. How should a recipient school district view a temporary impairment?

A temporary impairment does not constitute a disability for purposes of Section 504 unless its severity is such that it results in a substantial limitation of one or more major life activities for an extended period of time. The issue of whether a temporary impairment is substantial enough to be a disability must be resolved on a case-by-case basis, taking into consideration both the duration (or expected duration) of the impairment and the extent to which it actually limits a major life activity of the affected individual.

In the Amendments Act (see FAQ 1), Congress clarified that an individual is not "regarded as" an individual with a disability if the impairment is transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less.
34. Is an impairment that is episodic or in remission a disability under Section 504?
Yes, under certain circumstances. In the Amendments Act (see FAQ 1), Congress clarified that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active. A student with such an impairment is entitled to a free appropriate public education under Section 504.
PLACEMENT
Once a student is identified as being eligible for regular or special education and related aids or services, a decision must be made regarding the type of services the student needs.

35. If a student is eligible for services under both the IDEA and Section 504, must a school district develop both an individualized education program (IEP) under the IDEA and a Section 504 plan under Section 504?

No. If a student is eligible under IDEA, he or she must have an IEP. Under the Section 504 regulations, one way to meet Section 504 requirements for a free appropriate public education is to implement an IEP.

36. Must a school district develop a Section 504 plan for a student who either "has a record of disability" or is "regarded as disabled"?

No. In public elementary and secondary schools, unless a student actually has an impairment that substantially limits a major life activity, the mere fact that a student has a "record of" or is "regarded as" disabled is insufficient, in itself, to trigger those Section 504 protections that require the provision of a free appropriate public education (FAPE). This is consistent with the Amendments Act (see FAQ 1), in which Congress clarified that an individual who meets the definition of disability solely by virtue of being "regarded as" disabled is not entitled to reasonable accommodations or the reasonable modification of policies, practices or procedures. The phrases "has a record of disability" and "is regarded as disabled" are meant to reach the situation in which a student either does not currently have or never had a disability, but is treated by others as such.

As noted in FAQ 34, in the Amendments Act (see FAQ 1), Congress clarified that an individual is not "regarded as" an individual with a disability if the impairment is transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less.

37. What is the receiving school district's responsibility under Section 504 toward a student with a Section 504 plan who transfers from another district?

If a student with a disability transfers to a district from another school district with a Section 504 plan, the receiving district should review the plan and supporting documentation. If a group of persons at the receiving school district, including persons knowledgeable about the meaning of the evaluation data and knowledgeable about the placement options determines that the plan is appropriate, the district is required to implement the plan. If the district determines that the plan is inappropriate, the district is to evaluate the student consistent with the Section 504 procedures at 34 C.F.R. 104.35 and determine which educational program is appropriate for the student. There is no Section 504 bar to the receiving school district honoring the previous IEP during the interim period. Information about IDEA requirements when a student transfers is available from the Office of Special Education and Rehabilitative Services at http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C3%2C

40. What are the responsibilities of regular education teachers with respect to implementation of Section 504 plans? What are the consequences if the district fails to implement the plans?

Regular education teachers must implement the provisions of Section 504 plans when those plans govern the teachers' treatment of students for whom they are responsible. If the teachers fail to implement the plans, such failure can cause the school district to be in noncompliance with Section 504.

41. What is the difference between a regular education intervention plan and a Section 504 plan?

A regular education intervention plan is appropriate for a student who does not have a disability or is not suspected of having a disability but may be facing challenges in school. School districts vary in how they address performance problems of regular education students. Some districts employ teams at individual schools, commonly referred to as "building teams." These teams are designed to provide regular education classroom teachers with instructional support and strategies for helping students in need of assistance. These teams are typically composed of regular and special education teachers who provide ideas to classroom teachers on methods for helping students experiencing academic or behavioral problems. The team usually records its ideas in a written regular education intervention plan. The team meets with an affected student's classroom teacher(s) and recommends strategies to address the student's problems within the regular education environment. The team then follows the responsible teacher(s) to determine whether the student's performance or behavior has improved. In addition to building teams, districts may utilize other regular education intervention methods, including before-school and after-school programs, tutoring programs, and mentoring programs.
PROCEDURAL SAFEGUARDS
Public elementary and secondary schools must employ procedural safeguards regarding the identification, evaluation, or educational placement of persons who, because of disability, need or are believed to need special instruction or related services.

42. Must a recipient school district obtain parental consent prior to conducting an initial evaluation?

Yes. OCR has interpreted Section 504 to require districts to obtain parental permission for initial evaluations. If a district suspects a student needs or is believed to need special instruction or related services and parental consent is withheld, the IDEA and Section 504 provide that districts may use due process hearing procedures to seek to override the parents' denial of consent for an initial evaluation.

43. If so, in what form is consent required?

Section 504 is silent on the form of parental consent required. OCR has accepted written consent as compliance. IDEA as well as many state laws also require written consent prior to initiating an evaluation.

44. What can a recipient school district do if a parent withholds consent for a student to secure services under Section 504 after a student is determined eligible for services?

Section 504 neither prohibits nor requires a school district to initiate a due process hearing to override a parental refusal to consent with respect to the initial provision of special education and related services. Nonetheless, school districts should consider that IDEA no longer permits school districts to initiate a due process hearing to override a parental refusal to consent to the initial provision of services.

45. What procedural safeguards are required under Section 504?

Recipient school districts are required to establish and implement procedural safeguards that include notice, an opportunity for parents to review relevant records, an impartial hearing with opportunity for participation by the student's parents or guardian, representation by counsel and a review procedure.
46. What is a recipient school district's responsibility under Section 504 to provide information to parents and students about its evaluation and placement process?
Section 504 requires districts to provide notice to parents explaining any evaluation and placement decisions affecting their children and explaining the parents' right to review educational records and appeal any decision regarding evaluation and placement through an impartial hearing.

47. Is there a mediation requirement under Section 504?

No.
TERMINOLOGY
The following terms may be confusing and/or are frequently used incorrectly in the elementary and secondary school context.

Equal access: equal opportunity of a qualified person with a disability to participate in or benefit from educational aid, benefits, or services

Free appropriate public education (FAPE): a term used in the elementary and secondary school context; for purposes of Section 504, refers to the provision of regular or special education and related aids and services that are designed to meet individual educational needs of students with disabilities as adequately as the needs of students without disabilities are met and is based upon adherence to procedures that satisfy the Section 504 requirements pertaining to educational setting, evaluation and placement, and procedural safeguards

Placement: a term used in the elementary and secondary school context; refers to regular and/or special educational program in which a student receives educational and/or related services

Reasonable accommodation: a term used in the employment context to refer to modifications or adjustments employers make to a job application process, the work environment, the manner or circumstances under which the position held or desired is customarily performed, or that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment; this term is sometimes used incorrectly to refer to related aids and services in the elementary and secondary school context or to refer to academic adjustments, reasonable modifications, and auxiliary aids and services in the postsecondary school context

Reasonable modifications: under a regulatory provision implementing Title II of the ADA, public entities are required to make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity

Related services: a term used in the elementary and secondary school context to refer to developmental, corrective, and other supportive services, including psychological, counseling and medical diagnostic services and transportation

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special education; disabilities; disability discrimination; fape; free appropriate public education

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Frequently Asked Questions about Section 504 requirements for the education by school districts of students with disabilities

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Federal
Source of Law: Administrative Law
Example: Individuals with Disabilities Education Act (IDEA)
Citation: 20 U.S.C. § 1400, et. seq.
Link to Example: https://sites.ed.gov/idea/about-idea/#Rehab-Act

The Individuals with Disabilities Education Act (IDEA) is a law ensuring special education services to students with disabilities in a free public education setting.

Establishes the services required to given to students with disabilities by school districts.

Provides school districts with interventions, tools, improvement plans, and assistive research and technology.

Ensures protection of the rights of these students with disabilities and parents.

State
Source of Law: Administrative Law
Example: Students with Disabilities Texas Administrative Code
Citation: Tex. Admin. Code § 74.28
Link to Example: https://www.region10.org/programs/dyslexia-statewide/dyslexia-handbook/texas-administrative-code-74-28-state-board-of-education-rule/

State Board of Education ruling

Students with dyslexia must be given access to the programs they qualify for within the school district.

The district must provide research-based instructional services from a purchased dyslexia curriculum for all students who qualify for dyslexia.

School districts must follow the guidelines of the Dyslexia Handbook for assessments and screenings.

Parents hold the right to a full evaluation for additional testing other than the dyslexia screenings. There MUST be parent consent to do any testing or diagnosis of a student.

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Individuals with Disabilities Education Act

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Additionally, the IDEA authorizes:

In the law, Congress states:

The stated purpose of the IDEA is:

to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living;

to ensure that the rights of children with disabilities and parents of such children are protected;

to assist States, localities, educational service agencies, and Federal agencies to provide for the education of all children with disabilities;

to assist States in the implementation of a statewide, comprehensive, coordinated, multidisciplinary, interagency system of early intervention services for infants and toddlers with disabilities and their families;

to ensure that educators and parents have the necessary tools to improve educational results for children with disabilities by supporting system improvement activities; coordinated research and personnel preparation; coordinated technical assistance, dissemination, and support; and technology development and media services;

to assess, and ensure the effectiveness of, efforts to educate children with disabilities.

Learn more about the IDEA Statute and Regulations.

Search the IDEA Statute and Regulations.

On November 29, 1975, President Gerald Ford signed into law the Education for All Handicapped Children Act (Public Law 94-142), now known as the Individuals with Disabilities Education Act (IDEA). In adopting this landmark civil rights measure, Congress opened public school doors for millions of children with disabilities and laid the foundation of the country's commitment to ensuring that children with disabilities have opportunities to develop their talents, share their gifts, and contribute to their communities.

The law guaranteed access to a free appropriate public education (FAPE) in the least restrictive environment (LRE) to every child with a disability. Subsequent amendments, as reflected in the IDEA, have led to an increased emphasis on access to the general education curriculum, the provision of services for young children from birth through five, transition planning, and accountability for the achievement of students with disabilities. The IDEA upholds and protects the rights of infants, toddlers, children, and youth with disabilities and their families.

In the last 40+ years, we have advanced our expectations for all children, including children with disabilities. Classrooms have become more inclusive and the future of children with disabilities is brighter. Significant progress has been made toward protecting the rights of, meeting the individual needs of, and improving educational results and outcomes for infants, toddlers, children, and youths with disabilities.

Since 1975, we have progressed from excluding nearly 1.8 million children with disabilities from public schools to providing more than 6.9 million children with disabilities special education and related services designed to meet their individual needs.

In 2018-19, more than 64% of children with disabilities are in general education classrooms 80% or more of their school day ( IDEA Part B Child Count and Educational Environments Collection), and early intervention services are being provided to more than 400,000 infants and toddlers with disabilities and their families ( IDEA Part C Child Count and Settings).

The Rehabilitation Act of 1973, Section 504 addresses protections for students with disabilities. Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the department.

OCR enforces section 504 in public elementary and secondary schools.

Section 504 states: "No otherwise qualified individual with a disability in the United States... shall, solely by reason of her or his disability, 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...."

OCR also enforces Title II of the Americans with Disabilities Act of 1990, which extends protection 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.

OCR shares in enforcement of Title II of the Americans with Disabilities Act with the U.S. Department of Justice.

For more on the Americans with Disabilities Act, visit www.ada.gov.

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About IDEA - Individuals with Disabilities Education Act

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Additionally, the IDEA authorizes: In the law, Congress states: The stated purpose of the IDEA is: to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further

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Source of Law: Judicial Law
Example: Endrew F. v. Douglas County School District
Citation: Endrew F. ex rel. Joseph F. v. Douglas Cty. Sch.
Dist. Re-1, 798 F.3d 1329 (2015).
Individuals with Disabilities Education Act: 20 U.S.C. § 1400, et. seq.
Link to Example:
http://www.bazelon.org/endrew-f-v-douglas-county-school-district/

The parents of Endrew F. petitioned the Supreme Court for reimbursement from the Douglas Country School District in accordance with the Individuals with Disabilities Education Act (IDEA).

The public school went against the laws in place for the Individuals with Disabilities Education Act (IDEA) and did not offer Endrew F. the opportunities of free public education and services.

His parents took him to a private school that was more than willing to follow the laws and expectations of providing a student with disabilities the proper services.

The ruling was in Endrew's favor that the Douglas County School District denied the proper rights and services given under the Individuals with Disabilities Education Act (IDEA).

State
Source of Law: Judicial Law
Example: J.B. v. Frisco ISD
Citation: J.B. v. Frisco Ind. Sch. Dist. 4:19-cv-00814 (2019).
Section 504: 29 U.S.C. § 794
Individuals with Disabilities Education Act: 20 U.S.C. § 1400, et. seq.
Link to Example: https://www.courtlistener.com/docket/16449285/1/jb-v-frisco-independent-school-district/

J.B. was a kindergarten student when they realized he had behavior issues. He was given a Section 504 plan with accommodations.

He received a full evaluation outside of school that they brought to the schools attention and requested an Individualized Education Plan (IEP).

The evaluations took years and specific assessments were not completed that the parents requested be done.

The parents filed for two counts against the school district not following the laws under Section 504 and the Individuals with Disabilities Education Act (IDEA).

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Slide #10 - Local Administrative Law, Policy, or Rule

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Slide #10 - Local Administrative Law, Policy, or Rule

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Local Policy: Region 10 Dyslexia Handbook
Link: https://www.region10.org/r10website/assets/File/DHBwithouttabs10214.pdf

This handbook lays out the guidelines for supporting students with dyslexia in Texas public schools. It provides information on instruction, assessment, and identification for students with dyslexia.

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Standard: A.10.i. Recognize the strengths of students with disabilities as well as their challenges and provide best practices in supporting their academic, career and social/emotional needs.
Citation: American School Counselor Association. (2022). ASCA ethical standards for school counselors. ASCA. https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf
Connection: This section in the ASCA Code of Ethics explains the need for school counselors to support students with disabilities in all aspects of their life. It is our responsibility and duty to guide them through the challenges to grow them in these areas of need.

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Slide #12 - Personal Connection to Legal and Ethical Standards

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Slide #12 - Personal Connection to Legal and Ethical Standards

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Throughout this course, I have learned so much about the educational laws that will support my future career in school counseling. These laws for dyslexia and the ethical standards for school counseling provide me with expectations on how I can properly support students. It allows me to plan for ways to ensure students receive the services they need.

These laws and ethical standards guide me in knowing what I need to do for my students in order to advocate as well as create an environment of effective learning. As a teacher with many students with dyslexia in 4th and 5th grade, I always ensured a positive outlook on their disability. I understood the needs of my students and what was expected of me to support them in any way they needed.

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Slide #13 - Recommendations and Best Practices for Compliance

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Slide #13 - Recommendations and Best Practices for Compliance

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Best Practices:

AWLAYS follow their IEP or 504 accommodation plans.

Use coping strategies and techniques to reduce pressure they feel.

Provide visual resources for them to use along with their reading or writing strategies (anchor charts).

Promote a safe learning environment that encourages differences and willingness to support one another.

Enable assistive technology such as speech to text for writing assignments and text to speech for reading assignments.

Know the state Dyslexia Handbook as well as your districts policies on dyslexia education.

Create a home and school connection to maintain support at both ends of the student's life.