As ADA does not have a responsibility for providing FAPE, only Section 504 and IDEA will be compared. Though both Section 504 and IDEA guarantee FAPE to students with disabilities, what qualifies an individual and what services are available to a student differ. Within the general education population, there are students with disabilities that do not have a significant impact on their education. These children need minor changes to their educational programs which can be reasonably implemented in the general education setting with general education support. Other students with more severe disabilities require more extensive services that cannot be reasonably implemented in general education. Assessment of the student’s needs will determine whether they qualify and are eligible for services under Section 504 or under IDEA.
Section 504 and 504 Plans Section 504 stipulates rather broadly that a person with a disability is “one who has a physical or mental impairment that substantially limits one or more major life functions, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment” (US Dept. of Justice Civil Rights Division Disability Rights Section). Because impairments are not specifically named, these laws are open to interpretation and qualify anyone in need of
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Diabetes substantially limits the life function of eating, and it also negatively impacts the life function of learning. Support to manage diabetes and a schedule to check blood sugar levels during non-instructional times of the day or the opportunity to make up any work missed during blood sugar checks are accommodations that would be in this student’s 504 plan. The 504 plan might also require all staff to be trained to recognize and handle any complications related to diabetes to ensure the child’s
Section 504 of the Rehabilitation Act was passed to promote equal access to federally funded programs for people with disabilities. It was focused on nondiscrimination in the programs or activities that receive federal funding. A person would be defined as disabled if they have physical or mental impairment, has a record of the impairment, and is regarded as having the impairment. Section 504 is used for students who do not qualify for special education and is most frequently used for students with attention deficit/hyperactivity disorder and AIDS. To be eligible under Section 504 the child must undergo an evaluation with assessment tools that will accurately demonstrate the child’s specific area of educational need.
I believe that FAPE affects my role as a special educator the most or more precisely the “appropriate” education part of FAPE. Washington State defines “appropriate” as an educational program that is designed to meet the individual educational needs and is appropriate to their age and abilities. In Washington State, more and more schools are moving toward inclusion/mainstreaming students with special needs into the general education classrooms no matter the severity of their disability. I believe that general education is not the best placement for all students with disability. As special educators, we need to determine what is appropriate education is based on the student’s abilities and needs. We should ask “Are the students with disabilities
Section 504 and the ADA directly impact schools on several levels. First, all educational programs must be available to the qualifying individuals. Each eligible student who is classified as a 504 student must be offered regular or special education with the needed
The ultimate goal of IDEA and Section 504 is to make sure that all students in special education programs receive a free and appropriate public education. A Free Appropriate Public Education (FAPE) means that a disabled child's education meets the standards of a state educational agency. It also means that the disabled child's individual needs are assessed and that he/she is provided with appropriate materials and resources in order to be successful in a mainstream classroom, at no cost to the parents or the student. FAPE goes beyond just ensuring high expectations in the classroom for children with disabilities; it is based on a child's individual needs. It is important that a child's abilities, as well as disabilities are assessed in order to determine exactly what is appropriate or inappropriate in terms of a student's goals, objectives, learning styles, environment, and placement.
How has the entitlement to FAPE been defined through litigation and legislation and what has the effect been for students with disabilities?
The presence of medical conditions, classified as disabilities by the Americans with Disabilities Act as, “…a physical or mental impairment that
The first two laws that dealt with this issue were the Rehabilitation Act of 1973 and the Education for All Handicapped Children Act of 1975. These laws provided federal funds and established regulations to protect equal access to a free, appropriate public education (FAPE) for students with disabilities. Over time, these laws have been amended and federal financial incentives have been tied to state compliance. Congress and the courts have clarified and reauthorized these laws along with passing additional legislation guaranteeing equal access and opportunities.
For students with documented special needs, the school makes additional accommodation. The Individuals with Disabilities Education Act (IDEA) is "designed to protect the rights of students with disabilities by ensuring that everyone receives a free appropriate public education (FAPE), regardless of ability" (IDEA, 2012, Kid's Health). IDEA mandates that students are educated in the least restrictive environment possible. It also recognizes that every child is different, and giving each child the same education does not mean that every child will receive the same quality of education.
Throughout history there have been many educational mandates and laws in which have provided more opportunities for equal educational access. Section 504, the first Civil Rights Law for protection of students with disabilities was signed into law in 1973. This paved the way to many rights for students with disabilities to have a Free, Appropriate, Public, Education. This law in essence means, no program, that receives federal funds, can discriminate based upon their disability in which substantially limits one more more major life functions. Throughout this paper I will be reviewing the historical perspective on Section 504, the federal and state mandates, legal cases pertaining to Section 504, current issues, and applying the information to my current districts implementation of 504 plans.
Although the ADA does not specifically list any disabilities, the Equal Employment Opportunity Commission’s (EEOC) guidelines state that when an individual has a physical or mental impairment that substantially limits one or more major life activity then the individual is in fact disabled. It goes on to state that impairments can include any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of several body systems, or any mental or psychological disorder (Dessler). Among the protected classes are persons with AIDS and substance abusers who are in treatment. Some 50 million current or potential workers are estimated to be covered by the law's provisions (Columbia Encyclopedia). However, the act does list some
Ashley, a high school student diagnosed with Type 1 diabetes at age sixteen, experienced a potentially fatal incident when a substitute teacher denied her request to go to the school nurse. Ashley’s family was aware of how important it was for their daughter’s school to be kept informed about her diabetes. They worked with the school and the nurse to follow all of the schools procedures and protocols relating to a diagnosis of diabetes. The family worked closely with the school to provide snacks, glucose tablets, and information about how the school could help support Ashley’s wellbeing.
The most important section in the Individuals with Disabilities Act (IDEA) is section 1400, which describes the findings and purpose of the law. Even though the purpose of the law is to provide services and protect their rights, this law does not automatically guarantee all children with a disability eligibility for services under the law. There is more than one legal definition and they can still be very vague and confusing. To be eligible a child must have a disability that affects educational performance and needs special education and related services. The child must meet both criteria to be eligible for a free appropriate public education. Free Appropriate Public Education (FAPE) means special education and related services that are provided at public expense, meet the state standards, are appropriate, and are provided in conformity with an Individualized Education Plan (IEP). However, the term “appropriate” education, does not mean the best education, nor an education that maximizes the child’s full potential. It can also differ from one child to the next, because what
In a 2014 report from McCann, special education services were federally mandated for the first time in 1965 by the Education of Handicapped Children Act, and a two-year $3.5 million program was created to provide formula grants to states for funding education of special needs students. According to the website, www.understandingspecialeducation.com (2009), in 1975 Congress passed the Education for All Handicapped Children Act which guaranteed a “free and appropriate public education” (FAPE). This act was later modified and became the Individuals with Disabilities Education Act or IDEA. IDEA requires individual states to provide children with special education services as a condition of receiving federal funding for education. The largest portion of IDEA is called IDEA
The Individuals with Disabilities Education Act (IDEA) is a United States federal law that consents of four categories outlining how public agencies and individual states ensures that students with various disabilities are provided a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE) that is conditioned to their specific needs regardless of their ability. This act mandates tailored services, educational modifications, and the main objective for these children throughout the nation is to supply them with the same possibility of getting an education as those who do not have a disability until the age of 21.
First, before we begin to talk about how to take care of a client that has diabetes, let’s talk about what it is. Diabetes is centered on the body’s use of insulin. It’s a chronic disease related to an absence of insulin or decreased insulin in the body. It involves improper metabolism of carbs, fats and protein. The 2 main types of diabetes are type 1 and type 2. Type 1 diabetes is insulin dependent, where the beta-cells are destroyed and the pancreas can’t produce any insulin.