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Educating Students with Disabilities
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| The Office of the Education Ombudsman’s (OEO) work with families, students, and schools in 2008-09 identified
a number of system-wide factors that contribute to a breakdown in fair and equitable processes fundamental to
the academic success of students.
According to its legislative mandate under RCW 43.06B.050, OEO is
required to annually make recommendations to the Governor, the Legislature, and the State Board of Education
for strategies to improve the educational opportunities for all students in the state.
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Background
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There are two primary laws that protect students with disabilities.
The two laws are commonly referred to as
“Section 504” and the “IDEA.” In 1973, the U.S.
Congress passed Section 504 of the Rehabilitation Act, which
made it illegal to discriminate against people with disabilities in programs receiving federal funds, such as public
schools.
Two years later, Congress passed the Education for all Handicapped Children Act.
The federal law is
reenacted every three years.
It was most recently changed in 2004, and is now called IDEA 2004 or IDEIA (the
Individuals with Disabilities Education Improvement Act).
In addition, in 1991, Congress passed the Americans with Disabilities Act, commonly referred to as the ADA.
Title II of the ADA defines disability in the same manner as Section 504.
When the ADA and Section 504 both
apply, Section 504 is usually used because it has regulations that are more specific for schools.
Section 504 and IDEA 2004 were enacted to ensure that students with disabilities would be provided with
meaningful educational experiences.
Under both laws, school districts are required to provide disabled students with a free appropriate public
education, referred to as FAPE.
This means that districts must provide a range of services to meet the individual
needs of students who have trouble succeeding in school because of a disability.
Section 504 provides services for a broader group of students than does IDEA 2004 because it has a more
expansive definition of “disability.”
Therefore, if a student meets the eligibility requirements for IDEA 2004, he or
she is also eligible for the protections of Section 504.
But not all students with disabilities who are entitled to
Section 504 services are eligible for special education under IDEA 2004.
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| Depending on the student’s disability and needs, the type and level of support are specified in either a student’s
Individualized Education Plan (IEP)1 or a Section 504 Plan2. |
| 1 See: Individuals with Disabilities Education Act,1975 (amended and reauthorized in 2004), for more complete information on the federal
requirements for educating students with disabilities who need Individual Education Plans. 20 U.S.C .1400 et seq. (P.L. 108-446). |
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2 See: Section 504, Rehabilitation Act, 1974 (and Amendments included in the Americans with Disabilities Act of 2008) for more complete
information on the federal rules for protecting students with disabilities from discrimination. US Dept of Education regulations can be found at
34 CFR 104. |
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Recommendations
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| OEO’s recommendations for systemic improvement are based on the frequency and depth of state-wide
concerns brought to its attention during direct consultation with families and educators over the course of the
school year. They are: |
| • Additional training for Washington educators in the areas of communication and conflict resolution skills
tailored to the context of working with parents in the Individualized Education Plan (IEP) and Section
504 processes.
Development of clear communication protocols for working with parents to identify and
evaluate students for special education services. |
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• Define and fund adequate resources for school districts to provide language access services that will
enable Limited English proficiency (LEP) families to effectively participate in all aspects of the Special
Education process, including IEP and Section 504 meetings.
Examples of essential services include
documents translated into parent’s primary language, use of qualified educational interpreters, materials
presented in video and audio formats for parents who can’t read. |
| • Consistent adherence to procedural rules for convening IEP team meetings, including schedule when
parents are able to attend; notify parents of schedule changes that impact their participation; provide
parents with adequate advance time to review materials, ask questions and prepare; ensure that
parents can include other professionals (e.g. medical experts, private therapists) in meetings; and assist
parents to understand their role and the significance of their signature on IEP documents.
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| • Additional training and information for families and schools about social, emotional and behavioral
disabilities, and the available services and strategies for meeting the needs of students with these
disabilities.
Establish clear rules and procedures for providing Section 504 accommodations and
implementing instructional techniques that support these students’ academic success.
Provide state
support for the development of additional school and district-level resources to ensure equity of service
across districts. Create a plan and a timeline for periodic state and district level review to ensure
students are receiving appropriate services.
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| • Develop policies and procedures that add consideration of Section 504 accommodations to the
development of Individualized Emergency Medical Plans (IEMPs), to ensure that academic needs
related to student’s health are addressed through all available accommodations.
Improve
communication and collaboration between school health and instructional staff regarding the potentially
overlapping needs of these students. Provide training for school personnel on developing and
implementing Section 504 Plans for students with medical disabilities.
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Basis for Special Education Recommendations
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| Delivering appropriate and high quality support services to students with disabilities requires a significant level of
cooperation and collaboration between schools and families.
However, OEO has observed frequent conflict and
miscommunication between parents and schools as they attempt to work through the special education process.
While school staff has the legal responsibility to ensure that children with disabilities are identified and served,
the first and best advocates for students are knowledgeable parents and family members.
When educators and
families do not work together in the provision of support services for special needs students, procedural gaps
occur that can have long term effects on a student’s ability to succeed in school.
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| The IEP and Section 504 processes are complex, difficult to understand, and time-consuming to implement.
Special Education laws and procedures are characterized by advanced terminology and “legalese.”
Educators
require professional development to understand how to carry out their responsibilities in this area.
Parents
likewise need information and training if they are to be effectively participants.
OEO clients are often unaware of
or confused about such basics as:
Does my child have a disability?
What is special education?
What are the
first steps I need to take?
How do I effectively participate in an IEP meeting?
OEO has found that nearly all
parents need additional assistance to interpret the information presented to them and analyze options for
programs and services.
Limited English Proficient (LEP) parents also need this information translated into their
primary language as a prerequisite to their effective participation.
Schools will need support to provide such a
time/staff-intensive levels of service to parents. |
| Even after students have been identified for support programs and IEP plans or accommodations put in place,
many students with disabilities and their parents continue to face barriers because effective services and
practices are not consistently available across all schools and districts.
This is particularly the case for two
types of students: students with social, emotional or behavioral disabilities, and students with medical disabilities
who require academic accommodations. |
| Last year, OEO worked with increasing numbers of students and families affected by social, emotional, or
behavioral disabilities.
This group of disabilities includes Attention Deficit Disorder (ADD), Attention Deficit
Hyperactivity Disorder (ADHD), Post-traumatic Stress Disorder (PTSD), Autism Spectrum Disorder (ASD),
Asperger Syndrome, Bipolar Disorder, and Depression. Our casework identified broad family and educator
misunderstanding of IEP and Section 504 plan options for these students.
This has led to inadequate system-
wide development of best practices necessary to support their instructional needs.
Educators tell us that they
need skills on how to implement positive instructional and behavioral support techniques for these students and
how to best implement targeted classroom management techniques.
OEO is concerned that school districts
over-rely upon disciplinary action and exclusion from school without having developed a ladder of methods,
interventions, and communication strategies appropriate to the student’s disability.
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OEO’s casework also revealed that students whose medical health needs are supported through the provision
of an Individual Health Plan (sometimes called an “Individual Emergency Management Plan” or IEMP) may also
need a Section 504 plan to ensure academic program accommodations.
Without this link, various disconnects
may occur than can interfere with a student’s academic success.
Examples of such disconnects include
instructional staff who might not understand rules and procedures related to health conditions or lack important
health-related information that impacts a student’s ability to participate in class, and students being penalized for
school work missed during absences related to their health needs. |
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The Office of the Education Ombudsman
Governor’s Office
155 NE 100th St – 210 Seattle, WA 98125
Toll Free: 1-866-297-2597
www.waparentslearn.org
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