For students with disabilities who do not require specialized instruction but need the assurance that they will receive equal access to public education and services, a document is created to outline their specific accessibility requirements. Search Menu. What is the difference between an IEP and a Plan? An IEP is also reviewed annually. A Accommodation Plan is guided by the Americans with Disabilities Act ADA to ensure that a student with a disability has access to accommodations that improve academic functioning.
In order to qualify for a Plan, a student must have a diagnosis for a physical or emotional disability, or impairment e. A Accommodation Plan can also provide extended time or small group administration for statewide testing for your child. It can allow for accommodations like frequent breaks, fidgets, or modified homework assignments.
Note that a student is not able to receive specialized instruction or related services, such as occupational therapy, speech therapy or physical therapy — through a Accommodation Plan. IDEA regulations issued by the U. Both ensure that students with disabilities have access to a free and appropriate public education. Section is actually a civil rights law, designed to protect the rights of individuals with disabilities in programs and activities that receive federal assistance from the Department of Education.
Instead of having an IEP, students who qualify under Section are required to have a plan that specifies any accommodations that will be made in the classroom. Section prohibits discrimination on the basis of disability in programs or activities that receive Federal financial assistance from the U.
Title II prohibits discrimination on the basis of disability by state and local governments. Each state educational agency is responsible for administering IDEA within the state and distributing the funds for special education programs.
Section and the ADA are antidiscrimination laws and do not provide any type of funding. OCR receives complaints from parents, students or advocates, conducts agency initiated compliance reviews, and provides technical assistance to school districts, parents or advocates. What services are available for students with disabilities under Section ?
Section requires recipients to provide to students with disabilities appropriate educational services designed to meet the individual needs of such students to the same extent as the needs of students without disabilities are met. Does OCR examine individual placement or other educational decisions for students with disabilities? Except in extraordinary circumstances, OCR does not review the result of individual placement or other educational decisions so long as the school district complies with the procedural requirements of Section relating to identification and location of students with disabilities, evaluation of such students, and due process.
Accordingly, OCR generally will not evaluate the content of a Section plan or of an individualized education program IEP ; rather, any disagreement can be resolved through a due process hearing. OCR will examine procedures by which school districts identify and evaluate students with disabilities and the procedural safeguards which those school districts provide students.
OCR will also examine incidents in which students with disabilities are allegedly subjected to treatment which is different from the treatment to which similarly situated students without disabilities are subjected.
Such incidents may involve the unwarranted exclusion of disabled students from educational programs and services. Retaliatory acts are prohibited. A recipient is prohibited from intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by Section OCR does not engage in formal mediation.
This approach brings the parties together so that they may discuss possible resolution of the complaint immediately. If both parties are willing to utilize this approach, OCR will work with the parties to facilitate resolution by providing each an understanding of pertinent legal standards and possible remedies.
An agreement reached between the parties is not monitored by OCR. A school district is out of compliance when it is violating any provision of the Section statute or regulations. What sanctions can OCR impose on a school district that is out of compliance? OCR initially attempts to bring the school district into voluntary compliance through negotiation of a corrective action agreement.
OCR may: 1 initiate administrative proceedings to terminate Department of Education financial assistance to the recipient; or 2 refer the case to the Department of Justice for judicial proceedings. In the educational context, OCR has been given administrative authority to enforce Section Section is a Federal statute that may be enforced through the Department's administrative process or through the Federal court system. In addition, a person may at any time file a private lawsuit against a school district.
The Section regulations do not contain a requirement that a person file a complaint with OCR and exhaust his or her administrative remedies before filing a private lawsuit. Section covers qualified students with disabilities who attend schools receiving Federal financial assistance.
To be protected under Section , a student must be determined to: 1 have a physical or mental impairment that substantially limits one or more major life activities; or 2 have a record of such an impairment; or 3 be regarded as having such an impairment. Section requires that school districts provide a free appropriate public education FAPE to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities.
What is a physical or mental impairment that substantially limits a major life activity? The determination of whether a student has a physical or mental impairment that substantially limits a major life activity must be made on the basis of an individual inquiry. The Section regulatory provision at 34 C.
The regulatory provision does not set forth an exhaustive list of specific diseases and conditions that may constitute physical or mental impairments because of the difficulty of ensuring the comprehensiveness of such a list. Major life activities, as defined in the Section regulations at 34 C. This list is not exhaustive. Other functions can be major life activities for purposes of Section In the Amendments Act see FAQ 1 , Congress provided additional examples of general activities that are major life activities, including eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating.
Does the meaning of the phrase "qualified student with a disability" differ on the basis of a student's educational level, i. At the elementary and secondary educational level, a "qualified student with a disability" is a student with a disability who is: of an age at which students without disabilities are provided elementary and secondary educational services; of an age at which it is mandatory under state law to provide elementary and secondary educational services to students with disabilities; or a student to whom a state is required to provide a free appropriate public education under the Individuals with Disabilities Education Act IDEA.
At the postsecondary educational level, a qualified student with a disability is a student with a disability who meets the academic and technical standards requisite for admission or participation in the institution's educational program or activity. Does the nature of services to which a student is entitled under Section differ by educational level?
Public elementary and secondary recipients are required to provide a free appropriate public education to qualified students with disabilities. Such an education consists of regular or special education and related aids and services designed to meet the individual educational needs of students with disabilities as adequately as the needs of students without disabilities are met. At the postsecondary level, the recipient is required to provide students with appropriate academic adjustments and auxiliary aids and services that are necessary to afford an individual with a disability an equal opportunity to participate in a school's program.
Recipients are not required to make adjustments or provide aids or services that would result in a fundamental alteration of a recipient's program or impose an undue burden.
Once a student is identified as eligible for services under Section , is that student always entitled to such services? Yes, as long as the student remains eligible. The protections of Section extend only to individuals who meet the regulatory definition of a person with a disability. If a recipient school district re-evaluates a student in accordance with the Section regulatory provision at 34 C.
Are current illegal users of drugs excluded from protection under Section ? Generally, yes. Section excludes from the definition of a student with a disability, and from Section protection, any student who is currently engaging in the illegal use of drugs when a covered entity acts on the basis of such use. There are exceptions for persons in rehabilitation programs who are no longer engaging in the illegal use of drugs.
Section 's definition of a student with a disability does not exclude users of alcohol. However, Section allows schools to take disciplinary action against students with disabilities using drugs or alcohol to the same extent as students without disabilities. At the elementary and secondary school level, determining whether a child is a qualified disabled student under Section begins with the evaluation process. Section requires the use of evaluation procedures that ensure that children are not misclassified, unnecessarily labeled as having a disability, or incorrectly placed, based on inappropriate selection, administration, or interpretation of evaluation materials.
Tests used for this purpose must be selected and administered so as best to ensure that the test results accurately reflect the student's aptitude or achievement or other factor being measured rather than reflect the student's disability, except where those are the factors being measured.
Section also requires that tests and other evaluation materials include those tailored to evaluate the specific areas of educational need and not merely those designed to provide a single intelligence quotient. The tests and other evaluation materials must be validated for the specific purpose for which they are used and appropriately administered by trained personnel.
At the elementary and secondary education level, the amount of information required is determined by the multi-disciplinary committee gathered to evaluate the student.
The committee should include persons knowledgeable about the student, the meaning of the evaluation data, and the placement options. The committee members must determine if they have enough information to make a knowledgeable decision as to whether or not the student has a disability.
The information obtained from all such sources must be documented and all significant factors related to the student's learning process must be considered. These sources and factors may include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior.
In evaluating a student suspected of having a disability, it is unacceptable to rely on presumptions and stereotypes regarding persons with disabilities or classes of such persons. Compliance with the IDEA regarding the group of persons present when an evaluation or placement decision is made is satisfactory under Section What process should a school district use to identify students eligible for services under Section ?
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