With
the 1998 Reauthorization of the Individuals With Disability Education
Act, and
the requirements of Section 504 of the Rehabilitation Act, school
districts
face a regulatory gauntlet which, if not navigated with precision, can
result
in costs of thousands and even tens of thousands of dollars. Below, we
provide
an overview of the challenges posed by these statutes, and some
suggestions for
addressing them.
I.
The IDEA
Common
IDEA traps include the following:
1.
Failure to conduct a case study evaluation that is appropriate in
nature and
degree;
2.
Failure to provide services under the special education system;
3.
Failure to provide a free appropriate public education;
4.
An inappropriate reduction of services despite lack of academic success;
5.
Use of inappropriate discipline for behavior that is related to
disability;
6.
Failure to develop an appropriate behavior management plan;
7.
Violation of procedural rights
a.
Failure to provide an explanation of the procedural safeguards;
b.
Failure to use current IDEA forms
c.
Failure to complete forms in a detailed and consistent fashion
d.
Failure to adhere to deadlines
II.
Section 504
Section
504 is the historical foundation for IDEA. Section 504 was interpreted
to
require many of the rights now formalized and expanded under IDEA,
including
the right to a free appropriate public education. Whereas the IDEA
guarantees
entitlement to services, Section 504 simply prohibits discrimination on
the
basis of disability.
With
the IDEA, Section 504 is quickly becoming relegated to historical
significance.
However, it is of relevance in the following instances:
1.
In cases where it is determined that the IDEA is not applicable, but
that
services remain necessary.
2. While compliance with the IDEA usually insures compliance with Section 504, violation of Section 504 is usually listed as an additional basis of complaint filed against school districts.
III.
Methods Of Avoiding Problems Under Section 504 And The IDEA
1.
Regular checks with the Board of Education regarding new and updated
forms
2.
Annual review and updating of internal compliance procedures
3.
Use of checklists (provided herein)
4.
Assign a Special Education Specialist