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Ed Regs And Chronic Illness

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Special Education Regulations and Chronic Illnesses

Special Education Regulations and Chronic Illnesses

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    • 1. Educational Regulations & Chronic Illness Understanding What, Why, & When Educational Regulations & Chronic Illness Frank W. Greenday, M.Ed. Educational Consultant Pediatric Endocrinology Clinic Cystic Fibrosis Clinic
    • 2.
      • What ?
      • Federal regulations providing for educational needs of children with disabilities
      • Why ?
      • Chronic illness is a disability that affects a child’s readiness / willingness to learn, and adversely affects their participation & attendance at school
      • When ?
      • Anytime a child with a chronic illness is noted to be having difficulty at school – especially due to his/her medical condition
    • 3. IDEIA - Individuals with Disabilities Education Improvement Act (2004)
      • History of the Law:
        • Originally PL 94-142, the Education for All Handicapped Children Act (1975)
        • Became the Individuals with Disabilities Act in 1991 (IDEA) before the reauthorization in ’04
      • Today - Still called IDEA
      • All school districts accepting federal funds must comply with these laws and regulations
      • Ensures FAPE – Free / Appropriate Public Education that emphasizes special education and related services to meet the unique needs of a child with disabilities
    • 4. Virginia’s compliance to IDEA outlined in… The Regulations Governing Special Education Programs for Children with Disabilities in Virginia
      • 315 pages
        • Implements a program of Special Education designed to educate and train Children with Disabilities in Virginia’s public schools
        • Currently being revised to comply with changes outlined in the 2004 re-authorization of IDEA
    • 5. The Code of Virginia delineates the Commonwealth’s responsibility for education of children with disabilities , as follows:
      • The Board of Education is responsible for preparing & overseeing the implementation of a special education program by each school division designed to educate and train children with disabilities
      • Each School division must provide free and appropriate education (FAPE), including special education, for the children with disabilities
    • 6. The following statutes and regulations are applicable to children with disabilities:
      • The requirements of section 504 of the Rehabilitation Act of 1973
      • Americans with Disabilities Act
      • Education Department General Administrative Rules (for federal grant requirements)
      • Virginians with Disabilities Act
      • No Child Left Behind Act of 2001.
    • 7. The Regulations mandate the provision of services to children with disabilities and establishes that…
      • Disabilities have an adverse effect on educational performance
      • Accommodates the need for the child to have special education to address the needs that result from the disability
      • Ensures access to the general curriculum , so that the child can meet the educational standards that apply to all children.
    • 8. Child with a Disability defined as:
      • A child evaluated as having:
        • mental retardation
        • hearing impairment
        • visual impairment
        • emotional disturbance
        • orthopedic impairment
        • autism
        • traumatic brain injury
        • other health impairment , specific learning disability, deaf-blindness, or multiple disabilities
        • who need special education and related services.
    • 9. Chronic Illness is addressed in Other Health Impairment (OHI) Category
      • Definition of Other Health Impairment:
      • “… having limited strength, vitality or alertness, including a heightened alertness to environmental stimuli , that results in limited alertness with respect to the educational environment, that is due to chronic or acute health problems such as asthma, ADD or ADHD, diabetes, epilepsy, heart condition”…and a few others now including Tourette syndrome
    • 10. Not all children with disabilities qualify for Special Education
      • If it is determined through evaluation that a child has one of the disabilities identified but only needs a related service , the child is not a child with a disability under this part .
      • If the related service required by the child is considered special education rather than a related service under Virginia standards, the child would be determined to be a child with a disability.
    • 11. Related Services
      • “ Supportive services as are required to assist a child with a disability to benefit from special education” include:
        • Transportation
        • Speech-language pathology and audiology
        • Interpreting services
        • Psychological services
        • Physical and occupational therapy
        • Therapeutic recreation
        • Rehabilitation counseling
        • Orientation and mobility services
        • Medical services for diagnostic and evaluation purposes
        • Dance therapy, etc.
        • Not an exhaustive list!
    • 12. School Health Services
      • Related services also includes:
        • school health services and school nurse services
        • social work services in schools
        • parent counseling and training
      • It does not include
        • a medical device that is surgically implanted, nor the optimization, maintenance, or replacement of that device .
    • 13. School Health Services & School Nurse Services
      • Definition:
        • “ Health services that are designed to enable a child with a disability to receive FAPE as described in the child’s IEP.”
        • School nurse services are services provided by a qualified school nurse. School health services are services that may be provided by either a qualified school nurse or other qualified person
    • 14. Special Education
      • Specially designed instruction , at no cost to the parent, to meet the unique needs of a child with a disability, including instruction conducted in:
        • a classroom
        • Home
        • Hospitals
        • Institutions
        • Other settings
        • Instruction in physical education.
    • 15. IEP (Individualized Education Program)
      • A formal document detailing the “road map” to an appropriate educational program
      • Unique plan for every child found eligible
      • Includes:
        • Present Level of Performance
        • Goals
        • Responsible Individual/Discipline
        • Related Services
        • Classroom Setting – or Placement, and Duration
    • 16. 504 Plan
      • Also a legal document
      • 504 Plan used if a child’s chronic illness primarily limits consistent access to learning opportunities, rather than impairing their ability to learn
      • Provides accommodations to enable child to achieve to their ability
      • Ensures equal access to learning opportunities and environment
    • 17. Section 504: Who is protected?
      • All school-aged children who have a physical or mental impairment which substantially limits a major life activity
      • Major life activities include walking, seeing, hearing, speaking, breathing, learning, working, caring for oneself and performing manual tasks
      • Includes invisible disabilities – psychological problems, learning disabilities, and chronic health impairments
    • 18. IDEA vs. 504
      • IDEA
      • If a child has a disability that adversely affects educational performance, the child is eligible for special education services under IDEA. They are also protected under Section 504
      • 504
      • If a child has a disability that does not adversely affect educational performance, the child will not be eligible for special education services under IDEA, but will usually be entitled to protections under section 504
    • 19. Special Education vs. 504 plan
      • Eligibility for special education is not disability-specific
      • Schools receive federal funding to provide remedial services
      • IEP review meeting is required before any change in placement
      • Special education requires a written IEP document
      • Enforced by U.S. Office of Special Education Programs (OSEP). Compliance monitored by State Department of Education and OSEP
      • Adequate accommodations for chronic illness can be provided with a 504 plan
      • Schools do not receive additional financial funds for support services or auxiliary aids
      • No meeting required for any change in placement
      • Section 504 requires a written plan
      • Enforced by Office of Civil Rights
    • 20. FAPE - IDEA / 504
      • In IDEA, FAPE means special education and related services
      • In Section 504, FAPE means regular or special education and related aids and services designed to meet the individual needs of persons with disabilities as adequately as the needs of non-disabled persons are met (Equal Access)
    • 21. Individualized Health Care Plans IHP
      • Can be used to provide many accommodations to student with chronic illness
      • Similar to a 504 plan, but without procedural safeguards
      • Does not entitle accommodations for standardized assessments
    • 22. Common accommodations for students with health issues in their IEP, 504 Plan, or IHP
      • Allowance for frequent or extended absence (Intermittent Homebound)
      • Written field trip provisions
      • Classroom parties snack instructions
      • Class outline for missed classes
      • Flexible make-up work schedule
      • Extra time for class or home work
      • Allowed to leave class for clinic/bathroom/water/snack breaks
      • Flexible scheduling
      • Physical education accommodations/instructions
    • 23. Got It???
    • 24. The Bottom Line
      • School health professionals play an important role in helping to identify & care for children with chronic illnesses.
      • Federal & state governments provide legal guidance & assurances for children with special needs
      • Medical, educational & therapy professionals identify & evaluate children & recommend necessary accommodations/plans
      • Plans for children with special needs are highly individualized
      • There are a number of options for schools to use in developing individual plans right for each child
    • 25. Other Thoughts
      • Kids need to attend school
      • They don’t want to look – or be treated – differently
      • Room mothers need to know if there is a child with a dietary need / restriction
      • When a student w/ diabetes has a low blood sugar, they need to have someone walk with them to the school nurse (or other arrangements made)
      • Teachers need to leave detailed information for substitute teachers!
      • Plan ahead so all children can attend field trips!
    • 26. Copies of the Regulations available at no cost
      • Including Braille copies, audio tapes, and large print
      • VDOE, PO Box 2120 Richmond, VA 23218-2120
      • 1-800-229-3820
      • www.doe.virginia.gov/VDOE/dueproc
    • 27. Resources
      • Helping the Student with Diabetes Succeed – A Guide for School Personnel ( www.ndep.nih.gov/diabetes/youth/youth.htm - scroll to middle of page. Also, look at side of page for School Nurse News Articles)
      • ADA’s Packet on Education Discrimination (1-800-DIABETES)
      • www.childrenwithdiabetes.com
      • www.vahealth.org/cdpc/diabetes
      • www.diabetes.org – click on For Parents & Kids & then click Diabetes & the Law
      • www.diabetes.niddk.nih.gov
      • www.doe.virginia.gov – choose Special Education in the scroll window
      • www.rhep.org (our HEP website) – search the “Learning Library”
      • www.wrightslaw.com – a comprehensive advocacy resource

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