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SECTION 504 |
IDEA |
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Section of Rehabilitation Act of 1973 |
Individuals with disabilities Education Act(2004) |
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Civil Rights Act prohibiting public schools that receive federal funds from discriminatiing against children with disabilities. |
Education Law that governs special education. |
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Ensure that kids with ADHD receive educational opportunities comparable to those received by kids without disabilities. |
Same |
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Ensure that kids with ADHD are allowed to participate with other children in nonacademic and extracurricular activities. |
Same |
| Coverage is broader in scope--can involve Special Education or accomodations. (Accomodation are special modifications, such as preferentail seating, untim ed tests,help with taking meds.) |
To be eligible for coverage, a child must require Special Education Services. Not necessarily separate from regular class. Can be specially designed instruction inside the regular classroom. |
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Kids under this section usually have less serious conditions. |
More severe difficulties. Procedures and protections for kids and parents are more stringent. |
| Kids may fall under both laws--have to choose the one which helps you the most. |
Same |
| Eligibility established if ADHD substantially limits a major life activity.(Special Ed not required) |
To qualify for Special Ed, ADHD must result in child's heightened alertness to stimuli in the classroom affecting his or he educational performance--aceademic or functional. |
| Eligibility established if ADHD substantially limits ability to learn |
Eligibility established if effects of ADHD are long lasting(chronic) or have a very substantial impact (acute) and require Special Education Services. |
| Evaluation is required. Needs of a student with a disability should be met to the same extent as those of regular students |
Multidisciplinary evaluation procedure is required (at least one teacher and one professional familiar with ADHD) to determinine elgibility for Special Ed. |
| Very few regulations, but testing must be nondiscriminatory. No mention of outside evaluations. |
Evaluation must be comprehensive--including assessment tests, review of grades and behavior problems. Must consider outside evals. Goal: to determine any adverse effects on educational performance. |
| Parental permission not necessary; verbal notification required. |
Evaluation cannot take place without parents' or guardian's permission. |
| No mention of frequency of reassessment testing |
Reevaluation every 3 years, unless another time frame agreed on by school and parents.If parents request and eval and school decides not to perform the eval, parents must be ionformed in writing of their reight to request a hearing. Parents can seek an Independent Education Evaluation. |
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School District must develop a written plan describing placement and services.
No mention of parents' rights to participate in development of the plan.
Placement decisions based on documented information from a group of individuals who are knowledgeable about the child.
School District must do the following:
- Provide written assurance of nondiscrimination(must be included in student/parent handbook)
- Designate an employee to coordinate compliance
- Provide grievance procedures to resolve complaints
- Provide parents/guardians with notice of their rights
- Provide parents/guardians with opportunity to review relevant records
- Provide parents/guardians with notification of their right to an impartial hearing regarding the identification, eval, or educational placement of their child.
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A child is entitled to an Individualized Education Plan (IEP). This is a comprehensive plan that requires the school to clearly state the following:
- The child's current level of performance and how his or her disability affects progress and participation
- The measurable annual goals and services provided to meet the child's needs and to enable progress in the general curriculum
- The modifications required for the child to participate in district and statewide assessments.
- The extent to which a child will not participate in regular classrooms and activities
- The date of initiation, frequency, duration , and location of services, and modifications
- How the child's progress will be measured and how the parents will be informed of the progress on a regular, periodic basis
- Beginning at age 14, the transition services the child will need to prepare for work, further education, or independent living.
Because the IEP requires that students with disabilities have access to the same high standards and general education curriculum as their peers without disabilities, there is a presumption that children with disabilities will be educated in regular classes. However, when the decision is made to educate the child separately, an explanation of that decision will need to be stated as part o the child's IEP. Parents are members of the IEP team that makes decisions about the child, including selecting the child's placement. In addition , under IDEA, parents have the right to receive notice. |
