Educational Regulations & Chronic Illness Understanding What, Why, & When Educational Regulations & Chronic Illness Frank ...
<ul><li>What  ? </li></ul><ul><li>Federal regulations providing for educational needs of children with disabilities  </li>...
IDEIA -  Individuals with Disabilities Education Improvement Act (2004) <ul><li>History of the Law: </li></ul><ul><ul><li>...
Virginia’s compliance to IDEA outlined in… The Regulations Governing Special Education Programs for Children with Disabili...
The  Code of Virginia  delineates the Commonwealth’s responsibility for education of  children with disabilities , as foll...
The following statutes and regulations are applicable to children with disabilities: <ul><li>The requirements of section 5...
The Regulations mandate the provision of services to children with disabilities and establishes that… <ul><li>Disabilities...
Child with a Disability  defined as: <ul><li>A child evaluated as having: </li></ul><ul><ul><li>mental retardation </li></...
Chronic Illness is addressed in Other Health Impairment (OHI) Category <ul><li>Definition of Other Health Impairment: </li...
Not all children with disabilities qualify for Special Education <ul><li>If it is determined through evaluation that a chi...
Related Services <ul><li>“ Supportive services  as are required to assist a child with a disability to benefit from specia...
School Health Services <ul><li>Related services  also includes: </li></ul><ul><ul><li>school health services and school nu...
School Health Services &  School Nurse Services <ul><li>Definition: </li></ul><ul><ul><li>“ Health services that are desig...
Special Education   <ul><li>Specially designed  instruction , at no cost to the parent, to meet the unique needs of a chil...
IEP   (Individualized Education Program) <ul><li>A formal document detailing the “road map” to an appropriate educational ...
504 Plan <ul><li>Also a legal document </li></ul><ul><li>504 Plan used if a child’s chronic illness primarily limits consi...
Section 504: Who is protected? <ul><li>All school-aged children who have a physical or mental impairment which substantial...
IDEA vs. 504 <ul><li>IDEA </li></ul><ul><li>If a child has a disability that adversely affects educational performance, th...
Special Education vs. 504 plan <ul><li>Eligibility for special education is not disability-specific </li></ul><ul><li>Scho...
FAPE - IDEA / 504   <ul><li>In IDEA, FAPE means special education and related services </li></ul><ul><li>In Section 504, F...
Individualized Health Care Plans IHP <ul><li>Can be used to provide many accommodations to student with chronic illness </...
Common accommodations for students with health issues in their IEP, 504 Plan, or IHP   <ul><li>Allowance for frequent or e...
Got It???
The Bottom Line <ul><li>School health professionals play an important role in helping to identify & care for children with...
Other Thoughts <ul><li>Kids need to attend school </li></ul><ul><li>They don’t want to look – or be treated – differently ...
Copies of the Regulations available at no cost <ul><li>Including Braille copies, audio tapes, and large print </li></ul><u...
Resources <ul><li>Helping the Student with Diabetes Succeed – A Guide for School Personnel ( www.ndep.nih.gov/diabetes/you...
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Ed Regs And Chronic Illness

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Special Education Regulations and Chronic Illnesses

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  • Ed Regs And Chronic Illness

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

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