Comparison of Legislation
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AssignmentModule1-LegislationComparison.pptx
Legislation Comparison
By Firstname Lastanme, Firstname Lastanme, Firstname Lastanme, Firstname Lastanme, and Firstname Lastanme
The individuals with disabilities education act (IDEA)
What is IDEA?
IDEA became law in 1975.
A federal law that supports special education for children and youth with disabilities.
This federal legislation is designed to ensure that children with disabilities be granted a free appropriate public education (FAPE) in the least restrictive environment (LRE).
Ensures that all children with an identified disability receive special education and related services to address their individual needs.
Ensures that children with disabilities and their families are protected under the law.
Provides services for children starting at birth to age 21.
IDEA gives you a say in your child’s education and many important rights.
Core principles
Free Appropriate Public Education (FAPE)
Appropriate Evaluation
Individualized Education Plan
Least Restrictive Environment (LRE)
Parent Participation
Procedural Safeguards
Eligible disabilities
To qualify, your child must have a disability that falls under one of the 13 categories. A student doesn’t just qualify under IDEA due to disability, but because of that disability, needs special education to make progress in school.
Autism
Deaf-Blindness
Deafness
Emotional Disturbance
Hearing Impairment
Intellectual Disability
Multiple Disabilities
Orthopedic Impairment (includes ADHD)
Specific learning disabilities (includes dyslexia, dyscalculia, dysgraphia)
Traumatic brain injury
Visual impairment, including blindness
A child will work with a school team to develop an IEP (Individualized Education Program).
The Americans with disabilities act (ada)
What is ADA?
Established in 1990, The Americans with Disabilities Act makes it illegal to discriminate against people with disabilities in all areas of the general public.
The ADA originally protected individuals regardless of sex, color, race, nationality, age, and religion. In 2009 it was amended to define a person with a disability as having a psychological or physical impairments that limits life activities.
The five titles of ada
Title I
Ensures equal employment opportunity for individuals with disabilities by requiring employers to provide reasonable accommodations for employees.
Title II
Prohibits discrimination against individuals with disabilities in all public activities, services, and programs; gives detailed standards for all public transportation and outlines self-evaluations and adjustments to be made by businesses to avoid discrimination.
Title III
Makes it illegal for private businesses serving the public to discriminate against people with disabilities and sets the minimum standards for accessability. This requires them to provide “reasonable accommodations” and take steps to open communication to individuals with Speech, hearing, or visual impairments.
Title IV
Requires internet and telephone companies to provide a nationwide system that allows individuals with hearing or speech impairments to communicate with others. This also requires closed captioning of public service announcements funded by the federal government.
Title V
Prohibits retaliation or coercion, use of illegal drugs, and outlines what is not considered to be a disability protected by the ADA.
Overview of protected Impairments (includes but not limited to)
Autism
Deafness
Blindness
Cerebral palsy
Epilepsy
Cancer
Muscular dystrophy
Diabetes
HIV/AIDS
Bipolar Disorder
Schizophrenia
Major Depressive Disorder
OCD
PTSD
Missing limb(s)
Mobility issues
ID
Multiple sclerosis
Section 504
What is 504?
In 1973 the first federal civil rights protection for people with disabilities, Section 504 of the Rehabilitation Act was signed into law.
Section 504 is a civil rights law that prohibits discrimination against individuals with disabilities that ensures the child with a disability has equal access to an education and receive accommodations and modifications.
Unlike the Individuals with Disabilities Education Act (IDEA), Section 504 does not require a public school to provide an individualized educational program (IEP) that is designed to meet a child's unique needs and provide the child with educational benefit. Under Section 504, fewer procedural safeguards are available to the child with a disability and the child's parents than under IDEA.
A child may be referred by anyone for a 504-evaluation including a parent, teacher, school employee, or community agency. If the child fails to qualify for special education under IDEA, they may be referred for a 504 evaluation. The evaluation should include classroom observations, performance-based testing, academic assessment, teacher and parent reports, and medical and/or psychological evaluations.
Section 504 reads: “No otherwise qualified handicapped individual in the United States shall solely, by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance” (this would include public schools).
Disabilities Under 504
Children with a normal ability to learn academically, but who have a mobility impairment, use a wheelchair, have a
neurological disorder, or are missing a limb.
Children with a normal ability to learn academically but who have a medical condition such as epilepsy, hemophilia, diabetes, AIDS, arthritis, allergies, asthma, tuberculosis, ADHD, cancer, spinal bifida and cerebral palsy.
A child who has frequent referrals for behavioral problems or is under a doctor’s care for a psychological condition such as anxiety or depression.
504 Important information
State the child's disability and the resulting problem.
Identify the accommodation or modification that will be used to address the problem.
Indicate who will be responsible for implementing the modification or accommodation.
Indicate the contact person at the school who will be the case manager for the plan. This is often a counselor, administrator or school psychologist.
Every Student Succeeds Act (ESSA)
What is the Every Student Succeeds Act?
Signed into law by President Obama in December of 2015, This law holds schools accountable for how students learn and achieve and provides equal opportunity for students who receive special education services.
It requires American students to be taught at high standards and makes sure student progress is provided to themselves, their educators, and to their parents or guardians.
It helps support innovative creations founded by local leaders and educators.
It ensures investments are made towards preschools.
It creates positive effective change for low income schools.
How the essa affects Ese students
Students with disabilities are lawfully expected to begin performing performing well on annual state-wide assessments.
The ESSA is alleviating the shortage of special education teachers by removing the requirement that that they should be certified in a content area AND special education.
It requires states to develop programs and activities to ensure educators are meeting the needs of ESE students.
It encourages states to develop preventative frameworks to increase access to academic and behavioral instruction that is affective. This allows students to have better academic outcomes.
504
Students receive accommodations.
FAPE
Civil rights law.
Students receive equal access at school.
Students are protected from being discriminated against because of their disabilities.
ESSA
Purpose was to replace and update the No Child Left Behind Act.
Ensure Public Schools provides a quality education for all students.
Funded by the Government.
States have more say as it pertains to student’s achievement.
Students are protected from being discriminated against because of their disabilities.
IDEA
Provides a free appropriate public education to students with disabilities.
Students are protected from being discriminated against because of their disabilities.
Requires schools to identify and evaluate students that exhibit signs of having disabilities.
Federally funded (grants).
Provides children and youth services from ages 3 to 21.
ADA
FAPE is not guaranteed
Protects students against discrimination.
Educational; facilities are required to make extracurricular activities, educational opportunities and facilities open and accessible to all students .
Federal civil rights law.
Commonalities
These four Legislations are geared towards students with disabilities.
Students are protected from being discriminated against
The most. compassionate component they all share is that they all afford all students with disabilities the same education and opportunities of students without disabilities.
D. Wright, Darr Wright. (2020). Discrimination: Section 504 and ADA AA. Retrieved from https://www.wrightslaw.com/info/sec504.index.htm
American Institutes for Research. (2019). ESSA Action Guides. Retrieved from https://www.air.org/resource/essa-action-guides .
U.S. Department of Education. (2017). Every Student Succeeds Act (ESSA). Retrieved from https://www.ed.gov/essa?src=rn .
UnderstandingSpecialEducation.com. (2019). Understanding Section 504: The Americans with Disabilities Act. Retrieved from https://www.understandingspecialeducation.com/section-504.html .
Cone. (2020). Short History of the 504 Sit In. Retrieved from https://dredf.org/504-sit-in-20th-anniversary/short-history-of-the-504-sit-in/ .
Ada National Network. (2020). What is the Americans With Disabilities Act (ADA)? Retrieved from https://adata.org/learn-about-ada .
SHRM. (2019). Does the Americans with Disabilities Act (ADA) provide a list of conditions that are covered under the act? Retrieved from https://www.shrm.org/resourcesandtools/tools-and-samples/hr-qa/pages/cms_011495.aspx .
DO-IT. (2019). What is the Individuals With Disabilities Education Act? Retrieved from https://www.washington.edu/doit/what-individuals-disabilities-education-act .
Saleh. (2020). Your Childl’s Rights: 6 Principles of IDEA. Retrieved from https://www.smartkidswithld.org/getting-help/know-your-childs-rights/your-childs-rights-6-principles-of-idea/ .
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