Collaborative Learning Community:

Student’s Rights: IDEA/504

Crystal Allen, Rosangelica Flanders, Katia Sachoute

Grand Canyon University: EAD 505 Educational Law

October 26th, 2022

 Agenda
● Review IDEA law, policies, and procedures
● Review 504 law, policies and procedures
● Case Highlights
○ Stakeholders
○ Problem
○ Actions steps/Rationale
● Community Resources
● IDEA Review
 What is IDEA?
● The Individuals with Disabilities Education
Act (IDEA) is a law that makes available a
free appropriate public education (FAPE)
to eligible children with disabilities
throughout the nation and ensures special
education and related services to those
children.
○ Early Intervention
○ Special Education
○ Other related services
Background
It was established in 1975 and initially named
Education for all Handicapped Children Act.
This law has been reviewed and revised many
times throughout the years. The most recent
revision was passed in 2004
Congress: It is a Federal Law
“Disability is a natural part of the human
experience and in no way diminishes the right
of individuals to participate in or contribute to
society. Improving educational results for
children with disabilities is an essential
element of our national policy of ensuring
equality of opportunity, full participation,
independent living, and economic self-
sufficiency for individuals with disabilities”- In
the law stated by Congress.
 IDEA Eligibility

● IDEA classifies 13 types of disabilities. The severity level of these

disabilities is what determines the services students with disabilities
qualify for.

● IDEA includes a provision that declares students must be provided with

special education services through high school graduation or up to age
21.
 IDEA DISABILITIES

-Autism
otional -Deafness/HH
-Serious Em -Deaf-Blindne
ss
Disturbance airment
rning -Hearing Imp
-Specific Lea dation
Disabilities
-Mental Retar
bilities
-Speech or L
anguage -Multiple Disa
r th o p e d ic Im pairment
Impairment -O
rain
-Traumatic B
Injury
 IDEA Mandatory Requirements

● Each state must develop a plan to ensure a free and appropriate

education for all children. The state’s plan must include:
○ Goals to address graduation and dropout rates, and other factors.
○ A policy to ensure certain due process to children with disabilities.
○ Personnel, facilities, and related services to meet the needs of
children with disabilities.
○ Well-designed system for allocating funds to local school districts.
○ States must follow the legal language of the Least Restrictive
Environment clause of the IDEA.
 What is Section 504?
● Prohibits discrimination and harassment
on basis of disability by public entities that
receive federal financial assistance,
including public schools
● Under Section 504, recipients that operate a
public elementary or secondary education
program must provide students with
disabilities equal education opportunities.
Background
1973 Federal Civil Rights Law to stop
discrimination against people with
disabilities in programs and activities that
receive federal funds*, including public
schools. Ensures that a child with a
disability has equal access to educational
opportunities provided to their non-
disabled peers.
Definition of Disability
A physical or mental impairment
Physiological disorder or condition,
cosmetic disfigurement, or anatomical
loss affecting following body systems:
neurological, musculoskeletal;, special
sense organ, respiratory,
cardiovascular, reproductive, digestive,
genitourinary, hemic and lymphatic
and endocrine
 Case 38 Highlights Stakeholders

● Student (Miguel
Miguel Hernandez, was considered to be one of the most talented quarterbacks at the school since Hernandez)
● Parents (Mr. and Mrs.
the 1960s. During a Friday night game Miguel was tackled and remained on the field motionless. Miguel Hernandez)
● Mr. Howard Kerri
had suffered a spinal injury that left him paralyzed from the waist down and wheelchair bound. After
(Hernandez family
going through treatment and rehabilitation for his injuries, Miguel was ready to return back to school at attorney)
● Faculty/Staff Members
Nottingham High. Upon his return it was known that he would need certain accommodations that would

allow him to have access to his classes. During a meeting with the counselor, his parents requested
Problem
classrooms with access for his wheelchair. Miguel’s biology classroom did not have wheelchair access so he
Due to Miguel’s injury he is
was switched to another science class without prior notice. The new science class would allow him to meet paralyzed and wheelchair bound.
Miguel is returning back to school
graduation requirements, but would not allow him to meet the requirements for the college he wished to but his Biology class is not
wheelchair accessible. The school
attend. The family brought in an attorney who cited the Rehabilitation Act of 1973 Section 504 and has changed his class to another
science room that he can access.
demanded Miguel be provided with the accommodations he needed to receive an appropriate education. This however will affect his college
enrollment requirement.
Currently the school is violating
Section 504.

Solution to Case 38
Every leader, teacher and administrator wants their students to find success
within the classroom. A leader must look at all levels of the issue, in terms of
Miguel and his disability for placement in his biology course, the root of the
issue was Miguel being placed in a class without consent from his parents, or
anyone asking him before doing so. The solution is to maintain clear lines of
communication, and provide Miguel with the appropriate education he needs
in order to successfully meet his academic and future goals. If he wants to
remain in the Biology class, he must be enrolled in it and the school has to find
a way to successfully deliver his instruction. The school is legally required to
make all areas accessible to Miguel, an option would be the building of ramps
through the school structure.
Rationale
The proposed solution for this case is to re-enroll Miguel
in the Biology class and provide instruction via an
alternative mode, for example online, until the classroom
can be made wheelchair accessible. This solution
promotes social justice and ensures that individual
student needs inform all aspects of schooling. After all,
every classroom and building should be habilitated to
meet the various needs of current and future students.
Nottingham High School was built in the 1950s, and
although renovations have been made since, many
buildings are still not up to code to satisfy federal
standards to accommodate students with disabilities.
 COMMUNITY RESOURCES
● CAST Universal Design For learning- Provides parents, students and teachers with
learning tools that can be used in flexible learning environments.
● Project 10: Transition Education Network- Provides support and resources for
individuals with disabilities transitioning from school to postsecondary education
and/or work.
● Family Voices- Empowers children with exceptionalities to advocate for themselves
and others.
● Move United- Organizes year-round sport and recreation opportunities for people with
a wide range of disabilities.
● Pacer Center- Allows parents to help other parents and provides resources for youth
with disabilities and their families.
IDEA Review Video
Click (above) to get more informed.
 References
Essex, N. (2022, September 27). School Law and the Public Schools: A Practical Guide for Educational Leaders. Pearson.

U.S. Department of Education, IDEA: Individuals with Disabilities Education Act. 1973, Washington, D.C., 2010. Retrieved from

https://sites.ed.gov/idea/about-idea/

U.S. Department of Education, Office for Civil Rights, Free Appropriate Public Education for Students with Disabilities: Requirements

Under Section 504 of the Rehabilitation Act of 1973, Washington, D.C., 2010. Retrieved from

https://www2.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html

National Policy Board for Educational Administration. (2015). Professional Standards for Educational Leaders National Policy Board for Educational

Administration FORMERLY KNOWN AS ISLLC STANDARDS. h

ttp://www.npbea.org/wp-content/uploads/2017/06/Professional-Standards-for-Educational-Leaders_2015.pdfJcc\U0026Gc, T. A.

(2018, August 29).

Principles of IDEA: Evaluations [Video]. YouTube. Retrieved October 23, 2022, from https://www.youtube.com/watch?

v=UiQT34ncZb0&feature=youtu.be