Post by Mayleng on Feb 1, 2006 23:12:16 GMT -5
I just came from a presentation on the difference between a 504 and IDEA by our school district's attorney. It was very interesting and I was impressed because the main thing the attorney was telling all the sped ed people was do the IEP or 504 right and do it right the first time and you won't put your district in the position to get sued. And always listen to the parents. It was not a course to teach them how to get away from doing the right thing. They explained what the laws mean and what in particular NY state laws mean too and the school's responsibilities.
The one interesting point I wanted to share was about the timelines after an evaluation consent is signed by the parent. In New York Sate (I don't know if it applies to the rest of the country), the 60 school days timeline from date of consent is not just to get the evaluation done and an IEP meeting in. The 60 school days means, they have to get the evals done, have the IEP meeting and have the child sitting in the classroom with that IEP implemented by the end of the 60 school days.
Also, with a 504, a parent is not part of the "team" and does not have to be invited to attend the 504 meetings. They have to be notified about the meeting but they don't need to be invited legally. A 504 is also only in-district. Does not apply if you move the child to another district or private placement or homeschool. With a 504, the school does not need consent from the parents to do an evaluation unlike the IDEA. All they need to do is notify the parents about the evaluation. There is no timeline on when they need to do the evaluation either. The child does not need to be failing to get a 504 as long as learning is impacted.
Another thing, which I think most of you know already. If your child has an IEP, he/she is also covered under 504 as well, even though the child does not have a 504. You can also sue the school under 504 instead of going thru' due process via IDEA, even though the child has the IEP and not a 504. He said the requirements for a hearing is less stringent on a 504 than IDEA and you can get alot more $ sueing on a 504 basis (this he said he maybe should not have told us, LOL). I don't know how true this is, but thought I would pass it along.
One more thing, this is just for NY state, there are Mandatory CSE members who must attend the CSE meetings: a parent or guardian, at least one regular ed teacher of the student, at least one Sped Ed teacher OF THE STUDENT, a school psychologist and a representative of the school district who is qualified to provide or supervise sped education and is knowledgeable about the district's resources and curriculum (it may be anyone of the above individuals) and when appropriate the student. The Principal does not have to attend. However, not any Sped Ed teacher or Gen Ed teacher will do, it has to be someone who is your child's teacher. In NY state a Parent member must attend too (unless the parents request that the Parent Member not be present - only the parent can request that). If any of the above is not present, the meeting cannot continue and even if it did, it is a procedural violation and the entire IEP can be thrown out. So the school cannot just substitute people as they please.
Also, the recent amendments to the IDEA 2004 have added language stating that special education services, related services and supplementary aids and services contained in the IEP are to be "based on peer-reviewed research to the extent practicable". NCLB defines "scientifically based research - based intervention" as
research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs, and includes:
i. Employs systematic, empirical methods that draw on observation or experiment.
ii. Involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn.
iii. Relies on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements and observations, and across studies by the same or different investigators.
iv. Is evaluated using experimental or quasi-experimental designs.
v. Ensures that experimental studies are presented in sufficient detail and clarity to allow for replication.
vi. Has been accepted by a peer-review journal or approved by a panel of independent experts through a comparably rigorous, objective and scientific review.
These are just some of the highlights I thought I would share. Some apply to NY state only.
The one interesting point I wanted to share was about the timelines after an evaluation consent is signed by the parent. In New York Sate (I don't know if it applies to the rest of the country), the 60 school days timeline from date of consent is not just to get the evaluation done and an IEP meeting in. The 60 school days means, they have to get the evals done, have the IEP meeting and have the child sitting in the classroom with that IEP implemented by the end of the 60 school days.
Also, with a 504, a parent is not part of the "team" and does not have to be invited to attend the 504 meetings. They have to be notified about the meeting but they don't need to be invited legally. A 504 is also only in-district. Does not apply if you move the child to another district or private placement or homeschool. With a 504, the school does not need consent from the parents to do an evaluation unlike the IDEA. All they need to do is notify the parents about the evaluation. There is no timeline on when they need to do the evaluation either. The child does not need to be failing to get a 504 as long as learning is impacted.
Another thing, which I think most of you know already. If your child has an IEP, he/she is also covered under 504 as well, even though the child does not have a 504. You can also sue the school under 504 instead of going thru' due process via IDEA, even though the child has the IEP and not a 504. He said the requirements for a hearing is less stringent on a 504 than IDEA and you can get alot more $ sueing on a 504 basis (this he said he maybe should not have told us, LOL). I don't know how true this is, but thought I would pass it along.
One more thing, this is just for NY state, there are Mandatory CSE members who must attend the CSE meetings: a parent or guardian, at least one regular ed teacher of the student, at least one Sped Ed teacher OF THE STUDENT, a school psychologist and a representative of the school district who is qualified to provide or supervise sped education and is knowledgeable about the district's resources and curriculum (it may be anyone of the above individuals) and when appropriate the student. The Principal does not have to attend. However, not any Sped Ed teacher or Gen Ed teacher will do, it has to be someone who is your child's teacher. In NY state a Parent member must attend too (unless the parents request that the Parent Member not be present - only the parent can request that). If any of the above is not present, the meeting cannot continue and even if it did, it is a procedural violation and the entire IEP can be thrown out. So the school cannot just substitute people as they please.
Also, the recent amendments to the IDEA 2004 have added language stating that special education services, related services and supplementary aids and services contained in the IEP are to be "based on peer-reviewed research to the extent practicable". NCLB defines "scientifically based research - based intervention" as
research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs, and includes:
i. Employs systematic, empirical methods that draw on observation or experiment.
ii. Involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn.
iii. Relies on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements and observations, and across studies by the same or different investigators.
iv. Is evaluated using experimental or quasi-experimental designs.
v. Ensures that experimental studies are presented in sufficient detail and clarity to allow for replication.
vi. Has been accepted by a peer-review journal or approved by a panel of independent experts through a comparably rigorous, objective and scientific review.
These are just some of the highlights I thought I would share. Some apply to NY state only.
confused here on the 504 and it's relationship/rights for students. Say my son has tested as average to above avg. on academic level and IQ, and yet the school states he has "Attention (fidgety/impulsivity/focus difficulty), Behavior, and Social problems" He has not tested negatively for any other LD though according to their Eval. 