Sunday, December 2, 2012

Advocating for Yourself!

        All throughout your education you have had a special education teacher, parent, and the law advocating for your rights and services.  Well, now it is your turn!

It is important to note that you must disclose your disability to receive reasonable accommodations from employers or educational programs.  This is a personal decision.  It is now your job to provide the proper paperwork and necessary documentation to be provided with services and accommodations.  Below is a comparison of the rights you have under IDEA and ADA/Section 504.  Read through this carefully to be prepared for the expectations that will be placed upon you.





Americans with Disabilities Act of 1990/Section 504 of the Vocational Rehabilitation Act of 1973 and Individuals with Disabilities in Education Act of 1990 Comparison Chart
Prepared by Stephanie Dawson MSW, LSW, LCDCIII Miami University -Hamilton Campus
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IDEA
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ADA/Section 504
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Need Identification
Schools must identify students with disabilities and provide services.
Students must self-disclose their disability condition and request services.

Disability Definition
Students ages 3-21 years that are determined, by a multi- disciplinary team, to classify in one or more of 13 pre- determined disability categories.
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A physical or mental impairment that substantially limits one or more major life activities or has a record of such impairment or is regarded as having such an impairment.

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Legal Requirements
Provide Free and Appropriate Education and any special and supportive services needed by the student.
Do not discriminate on the basis of disability and provide reasonable accommodations to otherwise qualified students that ensure equal access to the university environment while not compromising essential components of curriculum.

Specialized Plans
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Schools must engage students in developing and following an Individualized Education Plan outlining the plan for the student to progress satisfactorily.
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Specialized plans are not developed. Accommodations are identified and communicated tofacultymembers. Students choose whether they utilize accommodations or not.

Parental Involvement
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Schools are required to engage parents in the IEP process.
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Under FERPA and HIPPA parents are prohibited from accessing student information unless authorized by the student in writing.

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Eligibility Determination
Schools identify students, provide psychoeducational testing and determine needed services based on the findings of the evaluation.
Students contact the school for documentation guidelines and provide the school with necessary documentation. New evaluations are the financial responsibility of the student unless special programs are available.

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