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Special Ed 101
504's and BIP - UPDATE -HELP!!!
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<blockquote data-quote="Sheila" data-source="post: 85418" data-attributes="member: 23"><p>IDEA has to do with IEPs, not 504 Plans. (However, there are a lot of linked areas of both federal regs -- discipline and behavior management is an example.)</p><p></p><p>CSE is yanking the principal's chain.</p><p></p><p>Your best bet may be to call your regional OCR office, tell them what your problem is, and ask if they have something readily available to fax to you about this particular issue or maybe a web address.</p><p></p><p>Under 504 a Behavior Management Plan, Positive Behavior Intervention Plan whatever they want to call it is an accommodation.</p><p></p><p>I used to have a link to the Joint Memorandum (joint policy letter written by OSEP and OCR) discussed below, but I can't locate it. If you want to research for it on your own, see following "clues."</p><p></p><p>#1) 504. U.S. Dept. of Ed., Joint Policy Memorandum, 18 IDELR 116 at 118 (9/16/91)</p><p></p><p>#2) <a href="http://www.ncld.org/" target="_blank">http://www.ncld.org/</a></p><p></p><p>#3) From an attorneys website geared for school districts:</p><p></p><p>Interestingly, 504 may need to look to special education eligibility for some ADD/ADHD students who can no longer be educated in the mainstream classroom. Since 504 is unfunded, there is no real continuum of educational placements available to the 504 Committee. When a student, despite behavior management and supplementary aids and services, can no longer be taught in the mainstream classroom because of his behaviors, 504 may refer to special education so that, if IDEA-eligible, a more restrictive (IDEA-funded) placement can be found. The point being behavior management plans are available under 504</p><p></p><p>4) The list below is not exhaustive. From <a href="http://education.jhu.edu/PD/newhorizons/" target="_blank">http://education.jhu.edu/PD/newhorizons/</a></p><p></p><p>Potential "Accommodations"</p><p>The accommodations that have been recognized as appropriate for 504 students through hearings and judgments will require a new kind of accepting, thinking, and planning among educators. For example, based on the 1991 USDOE Joint Memorandum [34 C.F.R. 104.33(b)(1)] which has been quoted as the law in several judicial decisions, 22 services that must be available in regular classrooms for Section 504 eligible students include the following:</p><p>1) providing a structured learning environment</p><p>2) repeating and simplifying instructions about in-class assignments</p><p>3) repeating and simplifying instructions about homework assignments</p><p>4) supplementing verbal instructions with visual instructions</p><p>5) using behavioral management techniques</p><p>6) adjusting class schedules</p><p>7) changing test delivery</p><p>8) using tape recorders</p><p>9) using computer-assisted instruction</p><p>10) using other audio-visual equipment</p><p>11) selecting alternate textbooks</p><p>12) selecting supportive workbooks</p><p>13) tailoring homework assignments</p><p>14) consulting with special education for teaching strategies</p><p>15) reducing class size</p><p>16) using one-on-one tutorials</p><p>17) using classroom aides</p><p>18) using classroom note-takers</p><p>19) involving services coordinator to oversee implementation of program/services</p><p>20) modifying non-academic time such as lunchroom</p><p>21) modifying non-academic time such as recess</p><p>22) modifying non-academic time such as physical education</p><p></p><p>The Joint Memorandum addressed ADHD, but it doesn't matter -- when it reads "ADHD" plug in any eligible disability.</p></blockquote><p></p>
[QUOTE="Sheila, post: 85418, member: 23"] IDEA has to do with IEPs, not 504 Plans. (However, there are a lot of linked areas of both federal regs -- discipline and behavior management is an example.) CSE is yanking the principal's chain. Your best bet may be to call your regional OCR office, tell them what your problem is, and ask if they have something readily available to fax to you about this particular issue or maybe a web address. Under 504 a Behavior Management Plan, Positive Behavior Intervention Plan whatever they want to call it is an accommodation. I used to have a link to the Joint Memorandum (joint policy letter written by OSEP and OCR) discussed below, but I can't locate it. If you want to research for it on your own, see following "clues." #1) 504. U.S. Dept. of Ed., Joint Policy Memorandum, 18 IDELR 116 at 118 (9/16/91) #2) [url]http://www.ncld.org/[/url] #3) From an attorneys website geared for school districts: Interestingly, 504 may need to look to special education eligibility for some ADD/ADHD students who can no longer be educated in the mainstream classroom. Since 504 is unfunded, there is no real continuum of educational placements available to the 504 Committee. When a student, despite behavior management and supplementary aids and services, can no longer be taught in the mainstream classroom because of his behaviors, 504 may refer to special education so that, if IDEA-eligible, a more restrictive (IDEA-funded) placement can be found. The point being behavior management plans are available under 504 4) The list below is not exhaustive. From [url]http://education.jhu.edu/PD/newhorizons/[/url] Potential "Accommodations" The accommodations that have been recognized as appropriate for 504 students through hearings and judgments will require a new kind of accepting, thinking, and planning among educators. For example, based on the 1991 USDOE Joint Memorandum [34 C.F.R. 104.33(b)(1)] which has been quoted as the law in several judicial decisions, 22 services that must be available in regular classrooms for Section 504 eligible students include the following: 1) providing a structured learning environment 2) repeating and simplifying instructions about in-class assignments 3) repeating and simplifying instructions about homework assignments 4) supplementing verbal instructions with visual instructions 5) using behavioral management techniques 6) adjusting class schedules 7) changing test delivery 8) using tape recorders 9) using computer-assisted instruction 10) using other audio-visual equipment 11) selecting alternate textbooks 12) selecting supportive workbooks 13) tailoring homework assignments 14) consulting with special education for teaching strategies 15) reducing class size 16) using one-on-one tutorials 17) using classroom aides 18) using classroom note-takers 19) involving services coordinator to oversee implementation of program/services 20) modifying non-academic time such as lunchroom 21) modifying non-academic time such as recess 22) modifying non-academic time such as physical education The Joint Memorandum addressed ADHD, but it doesn't matter -- when it reads "ADHD" plug in any eligible disability. [/QUOTE]
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