Learning Disabilities: Laws and Policies

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Learning Disabilities Laws and Policies

• C/SE ABLE
• Resource Center

• Training Video 2

2
Learning Disabilities Laws and Policies

• Why LD?
• Incidence of LD
• For success of our students
• State and national legislation under WIA
• Civil rights laws

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Learning Disabilities Laws and Policies

• Title II Workforce Investment Act
• Hard-to-Serve populations
• Those adults who struggle to acquire basic skills
• This includes adults with learning disabilities

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Learning Disabilities Laws and Policies

• Ohio ABLE State Plan
• Program strategies for populations that include,
  at a minimum -- individuals with disabilities
• CONSIDERATIONS - the past effectiveness in
  improving the literacy skills of adults,
  especially with respect to those with the lowest
  levels of literacy

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Learning Disabilities Laws and Policies

• Ohio ABLE State Plan
• serve individuals most in need of literacy
  services
• offer flexible schedules and support services
  necessary to enable individuals,
  includingindividuals with disabilities or other
  special needs, to attend and complete programs

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Learning Disabilities Laws and Policies

• Ohio ABLE State Plan
• Strategies for Serving Target Populations
• Individuals with Disabilities
• Training for programs on methods for serving
  adults with identified learning disabilities
• Relationships with organizations with knowledge
  and expertise in serving adults with disabilities

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Learning Disabilities Laws and Policies

• 3 Civil Rights Laws Disabilities
• ADA Americans with Disabilities Act of 1990
• IDEA Individuals with Disabilities Education
  Act
• Rehabilitation Act Sections 503 504

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Learning Disabilities Laws and Policies

• Americans with Disabilities Act
• Defines major life activities
• Protects those with disabilities against
  discrimination
• Covers public or private organizations that
  provide public services
• Ensures equal access
• Guarantees reasonable accommodations

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Learning Disabilities Laws and Policies

• Americans with Disabilities Act
• A person with a disability, is a person who
• 1. Has a physical or mental impairment
• which limits one or more major life activity.
• 2. Has a record of such an impairment.
• 3. Is regarded as having such an impairment.

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Learning Disabilities Laws and Policies

• Americans with Disabilities Act
• Title 1 Employment Discrimination
• Title 2 - Discrimination in Public Settings
• Title 3 Discrimination in Private Settings
• Title 4 Requires TTY phone relay services
• Title 5 Miscellaneous provisions

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Learning Disabilities Laws and Policies

• Americans with Disabilities Act
• Accommodations
• Reasonable
• Equal Access
• Types more time, breaks, private

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Learning Disabilities Laws and Policies

• Americans with Disabilities Act
• Accommodations Not Reasonable
• Pose direct threat to health/safety of others
• Substantial Change in essential element of
  curriculum
• Require a substantial alteration in service
  provision
• Impose an undue financial or administrative
  action

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Learning Disabilities Laws and Policies

• Individuals with Disabilities Education
  Improvement Act of 2004
• Free Appropriate Public Education (FAPE)
• Aligns with No Child Left Behind
• Access to curriculum through improvement IEP
• Improved teaching and learning

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Learning Disabilities Laws and Policies

• IDEA of 2004
• Applies to individuals under age of 22 without a
  diploma
• Applies to young people
• Applies to all education programs receiving
  federal funds
• Provides special education and related services

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Learning Disabilities Laws and Policies

• IDEA of 2004
• What does IDEA mean for ABLE?
• Eligible ABLE students are entitled to services
  related to identification and accommodation of
  learning disabilities.

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Learning Disabilities Laws and Policies

• Rehabilitation Act (Section 503/504)
• Applies to agencies receiving federal funds
• Ensures non-discrimination
• Defines program or activity
• Define a person with a disability

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Learning Disabilities Laws and Policies

• Rehabilitation Act (Section 503/504)
• Employment Perform Essential Functions of the
  Job with Accommodations
• Education Access to Participation

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Learning Disabilities Laws and Policies

• Rights/Responsibilities of ABLE Programs
• Establish eligibility criteria
• Apply criteria consistently
• Equal access to services and tests
• Provide reasonable accommodations

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Learning Disabilities Laws and Policies

• Rights/Responsibilities of Students with LD
• Participate in educational programs
• Reasonable accommodations
• Disclose their disability and request specific
  accommodations
• Provide documentation

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Learning Disabilities Laws and Policies

• ODE Policies on LD
• Non-discrimination and ensure services are
  accessible.
• Programs must have an LD screening process.
• Secure a waiver if student declines screening

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Learning Disabilities Laws and Policies

• ODE Policies on LD (contd)
• Screening information kept confidential and
  obtain ROI for referrals.
• Establish a process/referral partnership for
  diagnostic services.
• Provide effective LD-appropriate classroom
  adaptations and strategies.

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Learning Disabilities Laws and Policies

• ODE Policies on LD (contd)
• Provide reasonable accommodations
• Staff training on LD
• Collect LD data
• Annual written plan

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Learning Disabilities Laws and Policies

• Evaluate Your Program
• ADA Checklist
• NIFLs Assessment of LD Program Indicators

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Learning Disabilities Laws and Policies

• Your ABLE program may not discriminate against
  students with disabilities, which includes
  learning disabilities, and must provide equal
  access and reasonable accommodations
• Its the Law!