Kid with educational report and accomodations - what obligations do private schools have

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:A private school doesn’t have any obligations. You can ask nicely and explain why it’s needed. Even show the report. But, they don’t have to comply.

This is not true, please contact an attorney OP to get accurate information.

They have to provide "reasonable accommodations" under ADA and 504, but that's really limited, and likely doesn't require the teacher to do anything extra, like provide materials in advance. Spending money and energy on a lawyer is unlikely to make the school a better fit.

Again, bad advice. Rather than getting wrong advice on the internet, an attorney would give this parent accurate information so they could make an informed decision.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:A private school doesn’t have any obligations. You can ask nicely and explain why it’s needed. Even show the report. But, they don’t have to comply.

This is not true, please contact an attorney OP to get accurate information.

They have to provide "reasonable accommodations" under ADA and 504, but that's really limited, and likely doesn't require the teacher to do anything extra, like provide materials in advance. Spending money and energy on a lawyer is unlikely to make the school a better fit.

Again, bad advice. Rather than getting wrong advice on the internet, an attorney would give this parent accurate information so they could make an informed decision.

What laws do you think obligate a private school to provide accommodations?

[Anonymous]

Private schools have no obligations. THat is precisely why I would not trust a private school with my child's needs.

[Anonymous]

NP.

So much misinformation about private schools on this thread. All schools - private and public - must make reasonable accommodations for disabilities under both Section 504 of the 1973 Rehabilitation Act (if the school takes federal money or has some connection to programs or activities under the executive branch) and under the Americans with Disability Act (applies to all public and non-parochial schools and even includes private Catholic schools to a varying extent, perhaps depending on whether they take any federal money or benefit, which many do.)

Under Section 504, a person is disabled when they 1) have a disorder that 2) substantially limits one or more major life activities. This analysis is also applied to ADA disability eligibility.

In the 2008 Amendments to the Americans with Disabilities Act, Congress made clear that "substantially limits" should be considered broadly and inclusively.

A person who meets these two tests is considered "eligible" for disability accommodations.

The analysis of accommodations flows first from an analysis of the students needs. Then the school and the parent can discuss what kinds of reasonable accommodations could meet those needs. Sometimes there are different ways of meeting a need that are equally effective and reasonable -- in that case, the school might prefer one over another and still be legally compliant.

But, what a school cannot do legally is say "we do not accommodate". Schools and other establishments also often turn out to be wrong about what is legally considered "reasonable". Even things that cost staff, money or time can still be considered "reasonable". Schools also can't say, "we only provide X accommodations for that diagnosis or wont' provide X accommodations unless you have Y diagnosis" because the analysis stems from the needs of the disabled person and are not formulaic based on a type of diagnosis or disability.

As a tutor, I can personally say private schools of all types in the DMV offer accommodations -- from the top 3 to progressives to religious -- because they are legally obligated to do so.

What private schools do not have to do, but public schools do have to do is provide "specialized instruction" as required under the Individuals with Disabilities in Education Act (IDEA). That is the law that requires public schools to offer a Free Appropriate Public Education (FAPE) to every child (including the undocumented or non-citizens). IDEA details what has become known as the IEP process. To get an IEP a student has to 1) have a disorder that 2) has an adverse impact on education and 3) requires special instruction.

Special instruction is a change in instruction. For example, dyslexic students need a different type of reading instruction, i.e. "special instruction".

Accommodation is a change to the way that the general instruction is delivered or assessed -- extra time, copies of notes, test on paper, frequent breaks, particular seat placement, time to go to the nurse in particular situations, etc.

See more information here:

https://www.congress.gov/crs-product/R48068

[Anonymous]

Anonymous wrote:NP.

So much misinformation about private schools on this thread. All schools - private and public - must make reasonable accommodations for disabilities under both Section 504 of the 1973 Rehabilitation Act (if the school takes federal money or has some connection to programs or activities under the executive branch) and under the Americans with Disability Act (applies to all public and non-parochial schools and even includes private Catholic schools to a varying extent, perhaps depending on whether they take any federal money or benefit, which many do.)

Under Section 504, a person is disabled when they 1) have a disorder that 2) substantially limits one or more major life activities. This analysis is also applied to ADA disability eligibility.

In the 2008 Amendments to the Americans with Disabilities Act, Congress made clear that "substantially limits" should be considered broadly and inclusively.

A person who meets these two tests is considered "eligible" for disability accommodations.

The analysis of accommodations flows first from an analysis of the students needs. Then the school and the parent can discuss what kinds of reasonable accommodations could meet those needs. Sometimes there are different ways of meeting a need that are equally effective and reasonable -- in that case, the school might prefer one over another and still be legally compliant.

But, what a school cannot do legally is say "we do not accommodate". Schools and other establishments also often turn out to be wrong about what is legally considered "reasonable". Even things that cost staff, money or time can still be considered "reasonable". Schools also can't say, "we only provide X accommodations for that diagnosis or wont' provide X accommodations unless you have Y diagnosis" because the analysis stems from the needs of the disabled person and are not formulaic based on a type of diagnosis or disability.

As a tutor, I can personally say private schools of all types in the DMV offer accommodations -- from the top 3 to progressives to religious -- because they are legally obligated to do so.

What private schools do not have to do, but public schools do have to do is provide "specialized instruction" as required under the Individuals with Disabilities in Education Act (IDEA). That is the law that requires public schools to offer a Free Appropriate Public Education (FAPE) to every child (including the undocumented or non-citizens). IDEA details what has become known as the IEP process. To get an IEP a student has to 1) have a disorder that 2) has an adverse impact on education and 3) requires special instruction.

Special instruction is a change in instruction. For example, dyslexic students need a different type of reading instruction, i.e. "special instruction".

Accommodation is a change to the way that the general instruction is delivered or assessed -- extra time, copies of notes, test on paper, frequent breaks, particular seat placement, time to go to the nurse in particular situations, etc.

See more information here:

https://www.congress.gov/crs-product/R48068

Thank you for posting this!

[Anonymous]

Anonymous wrote:NP.

So much misinformation about private schools on this thread. All schools - private and public - must make reasonable accommodations for disabilities under both Section 504 of the 1973 Rehabilitation Act (if the school takes federal money or has some connection to programs or activities under the executive branch) and under the Americans with Disability Act (applies to all public and non-parochial schools and even includes private Catholic schools to a varying extent, perhaps depending on whether they take any federal money or benefit, which many do.)

Under Section 504, a person is disabled when they 1) have a disorder that 2) substantially limits one or more major life activities. This analysis is also applied to ADA disability eligibility.

In the 2008 Amendments to the Americans with Disabilities Act, Congress made clear that "substantially limits" should be considered broadly and inclusively.

A person who meets these two tests is considered "eligible" for disability accommodations.

The analysis of accommodations flows first from an analysis of the students needs. Then the school and the parent can discuss what kinds of reasonable accommodations could meet those needs. Sometimes there are different ways of meeting a need that are equally effective and reasonable -- in that case, the school might prefer one over another and still be legally compliant.

But, what a school cannot do legally is say "we do not accommodate". Schools and other establishments also often turn out to be wrong about what is legally considered "reasonable". Even things that cost staff, money or time can still be considered "reasonable". Schools also can't say, "we only provide X accommodations for that diagnosis or wont' provide X accommodations unless you have Y diagnosis" because the analysis stems from the needs of the disabled person and are not formulaic based on a type of diagnosis or disability.

As a tutor, I can personally say private schools of all types in the DMV offer accommodations -- from the top 3 to progressives to religious -- because they are legally obligated to do so.

What private schools do not have to do, but public schools do have to do is provide "specialized instruction" as required under the Individuals with Disabilities in Education Act (IDEA). That is the law that requires public schools to offer a Free Appropriate Public Education (FAPE) to every child (including the undocumented or non-citizens). IDEA details what has become known as the IEP process. To get an IEP a student has to 1) have a disorder that 2) has an adverse impact on education and 3) requires special instruction.

Special instruction is a change in instruction. For example, dyslexic students need a different type of reading instruction, i.e. "special instruction".

Accommodation is a change to the way that the general instruction is delivered or assessed -- extra time, copies of notes, test on paper, frequent breaks, particular seat placement, time to go to the nurse in particular situations, etc.

See more information here:

https://www.congress.gov/crs-product/R48068

You completely ignored the actual question, so this wasn't helpful at all.

OP is asking. The school is in fact giving accommodations - "School has given her more time on tests".

OP wants "lesson materials be provided in advance from the school". Most schools would find that unreasonable. A teacher might not know in advance what is being taught because it often depends on how well the majority of the students understood the previous lesson. Sometimes teachers needs to circle back and re-teach something particularly in math.

[Anonymous]

I am a private school teacher and only lesson materials I have available before class in the textbook, which my students already have access to.

[Anonymous]

Anonymous wrote:I am a private school teacher and only lesson materials I have available before class in the textbook, which my students already have access to.

Really making myself look great with the lack of proofreading here, whoops. I’m sure you understand what I meant, though.

[Anonymous]

Anonymous wrote:

Anonymous wrote:NP.

So much misinformation about private schools on this thread. All schools - private and public - must make reasonable accommodations for disabilities under both Section 504 of the 1973 Rehabilitation Act (if the school takes federal money or has some connection to programs or activities under the executive branch) and under the Americans with Disability Act (applies to all public and non-parochial schools and even includes private Catholic schools to a varying extent, perhaps depending on whether they take any federal money or benefit, which many do.)

Under Section 504, a person is disabled when they 1) have a disorder that 2) substantially limits one or more major life activities. This analysis is also applied to ADA disability eligibility.

In the 2008 Amendments to the Americans with Disabilities Act, Congress made clear that "substantially limits" should be considered broadly and inclusively.

A person who meets these two tests is considered "eligible" for disability accommodations.

The analysis of accommodations flows first from an analysis of the students needs. Then the school and the parent can discuss what kinds of reasonable accommodations could meet those needs. Sometimes there are different ways of meeting a need that are equally effective and reasonable -- in that case, the school might prefer one over another and still be legally compliant.

But, what a school cannot do legally is say "we do not accommodate". Schools and other establishments also often turn out to be wrong about what is legally considered "reasonable". Even things that cost staff, money or time can still be considered "reasonable". Schools also can't say, "we only provide X accommodations for that diagnosis or wont' provide X accommodations unless you have Y diagnosis" because the analysis stems from the needs of the disabled person and are not formulaic based on a type of diagnosis or disability.

As a tutor, I can personally say private schools of all types in the DMV offer accommodations -- from the top 3 to progressives to religious -- because they are legally obligated to do so.

What private schools do not have to do, but public schools do have to do is provide "specialized instruction" as required under the Individuals with Disabilities in Education Act (IDEA). That is the law that requires public schools to offer a Free Appropriate Public Education (FAPE) to every child (including the undocumented or non-citizens). IDEA details what has become known as the IEP process. To get an IEP a student has to 1) have a disorder that 2) has an adverse impact on education and 3) requires special instruction.

Special instruction is a change in instruction. For example, dyslexic students need a different type of reading instruction, i.e. "special instruction".

Accommodation is a change to the way that the general instruction is delivered or assessed -- extra time, copies of notes, test on paper, frequent breaks, particular seat placement, time to go to the nurse in particular situations, etc.

See more information here:

https://www.congress.gov/crs-product/R48068

You completely ignored the actual question, so this wasn't helpful at all.

OP is asking. The school is in fact giving accommodations - "School has given her more time on tests".

OP wants "lesson materials be provided in advance from the school". Most schools would find that unreasonable. A teacher might not know in advance what is being taught because it often depends on how well the majority of the students understood the previous lesson. Sometimes teachers needs to circle back and re-teach something particularly in math.

While it is true that teachers might not have a lesson prepared, or might have a lesson prepared and be forced to improvise, that doesn't obviate the legal obligation to accommodate a need of the student - the question is just, reasonably, how that could be done.

In order to properly analyze the "teacher to provide material in advance" accommodation, one has to start by asking, "what was the need that this accommodation was supposed to meet, is there another way to meet the need?" For example, if the student needs written material of the lesson prior to class because he can't attend to the lesson and take notes at the same time and the "lesson in advance" was supposed to serve as a kind of memory aide or notes for that day's lesson, then there are other solutions -- give the student a tablet with a note-taking app, give the student "copy of class notes" after the lesson, etc. Or perhaps the kid needs a written copy of the lesson because they can't hear the teacher properly -- you could have the teacher wear a mike and give the student an earpiece, or boost the volume of the speech for the whole class, or give the kid access to close captioning.

But, the school has to go thru this analysis -- eligibility, need, ID a reasonable accommodation that fills the need. In fact, if the school has given accommodations such as more time on test, then it has already acknowledged that the child has a disability and is eligible for accommodations. Extra time on tests fills one kind of need. The parent is communicating that there are other needs that are not being accommodated, and the school is legally obligated to consider how they can reasonably fill the need.

[Anonymous]

Anonymous wrote:I am a private school teacher and only lesson materials I have available before class in the textbook, which my students already have access to.

This would be fine if you teach a lesson that covers a particular portion of the textbook and uses the same examples. Then, the textbook serves as a copy of the lesson. But, if your students have the text book and you are teaching something that is not in the textbook, then you may be legally liable to provide accommodations that would allow disabled students access to the materials and lesson that you taught that wasn't in the textbook.

In fact, this is a major reason why textbooks are so useful -- they allow students to preview and review taught material. Schools think they're being clever and saving money by not buying textbooks and putting everything online, but, in fact, for many learners not having a textbook makes things more difficult.

[Anonymous]

This all gets complicated with ADHD. Hearing impairment, teacher can wear a mic. Dyslexia, teacher can make an extra large-print Comic Sans handout. But if a kid is not capable of listening or focusing, how do you make the curriculum accessible beyond reducing distractions, redirecting attention? (I have never had an ADHD student use the full regular 1x time for assessments, let alone 1.5x.) And I mean this sincerely, it’s not snark. This is something I struggle with because if I sit with a kid 1 on 1 it’s a different world but I can’t individually reteach each lesson!

[Anonymous]

Anonymous wrote:

Anonymous wrote:I am a private school teacher and only lesson materials I have available before class in the textbook, which my students already have access to.

This would be fine if you teach a lesson that covers a particular portion of the textbook and uses the same examples. Then, the textbook serves as a copy of the lesson. But, if your students have the text book and you are teaching something that is not in the textbook, then you may be legally liable to provide accommodations that would allow disabled students access to the materials and lesson that you taught that wasn't in the textbook.

In fact, this is a major reason why textbooks are so useful -- they allow students to preview and review taught material. Schools think they're being clever and saving money by not buying textbooks and putting everything online, but, in fact, for many learners not having a textbook makes things more difficult.

I’m a private school teacher and my course doesn’t have a textbook.

I post everything online: my slideshows, my notes, and a copy of anything I distribute in the classroom. I update my site every weekend with all of the materials for the following week. (Much is there already. I simply doublecheck and fill in any gaps.) It’s labeled by date and with instructions: when we’ll learn the skill, where to find extra resources, when to work on it, when it’s due, and when I’m available for extra help.

It’s there as a resource for all my students, including those with accommodations.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I am a private school teacher and only lesson materials I have available before class in the textbook, which my students already have access to.

This would be fine if you teach a lesson that covers a particular portion of the textbook and uses the same examples. Then, the textbook serves as a copy of the lesson. But, if your students have the text book and you are teaching something that is not in the textbook, then you may be legally liable to provide accommodations that would allow disabled students access to the materials and lesson that you taught that wasn't in the textbook.

In fact, this is a major reason why textbooks are so useful -- they allow students to preview and review taught material. Schools think they're being clever and saving money by not buying textbooks and putting everything online, but, in fact, for many learners not having a textbook makes things more difficult.

I’m a private school teacher and my course doesn’t have a textbook.

I post everything online: my slideshows, my notes, and a copy of anything I distribute in the classroom. I update my site every weekend with all of the materials for the following week. (Much is there already. I simply doublecheck and fill in any gaps.) It’s labeled by date and with instructions: when we’ll learn the skill, where to find extra resources, when to work on it, when it’s due, and when I’m available for extra help.

It’s there as a resource for all my students, including those with accommodations.

Yay! You are a good teacher. By posting all this information for everyone, you are engaging in a best practice known as “universal design for access” - which is teaching in a way that is accessible to all.

[Anonymous]

Anonymous wrote:This all gets complicated with ADHD. Hearing impairment, teacher can wear a mic. Dyslexia, teacher can make an extra large-print Comic Sans handout. But if a kid is not capable of listening or focusing, how do you make the curriculum accessible beyond reducing distractions, redirecting attention? (I have never had an ADHD student use the full regular 1x time for assessments, let alone 1.5x.) And I mean this sincerely, it’s not snark. This is something I struggle with because if I sit with a kid 1 on 1 it’s a different world but I can’t individually reteach each lesson!

There are tons of kids with ADHD who need and use their extra time. You are a teacher and you've never seen this?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:NP.

So much misinformation about private schools on this thread. All schools - private and public - must make reasonable accommodations for disabilities under both Section 504 of the 1973 Rehabilitation Act (if the school takes federal money or has some connection to programs or activities under the executive branch) and under the Americans with Disability Act (applies to all public and non-parochial schools and even includes private Catholic schools to a varying extent, perhaps depending on whether they take any federal money or benefit, which many do.)

Under Section 504, a person is disabled when they 1) have a disorder that 2) substantially limits one or more major life activities. This analysis is also applied to ADA disability eligibility.

In the 2008 Amendments to the Americans with Disabilities Act, Congress made clear that "substantially limits" should be considered broadly and inclusively.

A person who meets these two tests is considered "eligible" for disability accommodations.

The analysis of accommodations flows first from an analysis of the students needs. Then the school and the parent can discuss what kinds of reasonable accommodations could meet those needs. Sometimes there are different ways of meeting a need that are equally effective and reasonable -- in that case, the school might prefer one over another and still be legally compliant.

But, what a school cannot do legally is say "we do not accommodate". Schools and other establishments also often turn out to be wrong about what is legally considered "reasonable". Even things that cost staff, money or time can still be considered "reasonable". Schools also can't say, "we only provide X accommodations for that diagnosis or wont' provide X accommodations unless you have Y diagnosis" because the analysis stems from the needs of the disabled person and are not formulaic based on a type of diagnosis or disability.

As a tutor, I can personally say private schools of all types in the DMV offer accommodations -- from the top 3 to progressives to religious -- because they are legally obligated to do so.

What private schools do not have to do, but public schools do have to do is provide "specialized instruction" as required under the Individuals with Disabilities in Education Act (IDEA). That is the law that requires public schools to offer a Free Appropriate Public Education (FAPE) to every child (including the undocumented or non-citizens). IDEA details what has become known as the IEP process. To get an IEP a student has to 1) have a disorder that 2) has an adverse impact on education and 3) requires special instruction.

Special instruction is a change in instruction. For example, dyslexic students need a different type of reading instruction, i.e. "special instruction".

Accommodation is a change to the way that the general instruction is delivered or assessed -- extra time, copies of notes, test on paper, frequent breaks, particular seat placement, time to go to the nurse in particular situations, etc.

See more information here:

https://www.congress.gov/crs-product/R48068

You completely ignored the actual question, so this wasn't helpful at all.

OP is asking. The school is in fact giving accommodations - "School has given her more time on tests".

OP wants "lesson materials be provided in advance from the school". Most schools would find that unreasonable. A teacher might not know in advance what is being taught because it often depends on how well the majority of the students understood the previous lesson. Sometimes teachers needs to circle back and re-teach something particularly in math.

While it is true that teachers might not have a lesson prepared, or might have a lesson prepared and be forced to improvise, that doesn't obviate the legal obligation to accommodate a need of the student - the question is just, reasonably, how that could be done.

In order to properly analyze the "teacher to provide material in advance" accommodation, one has to start by asking, "what was the need that this accommodation was supposed to meet, is there another way to meet the need?" For example, if the student needs written material of the lesson prior to class because he can't attend to the lesson and take notes at the same time and the "lesson in advance" was supposed to serve as a kind of memory aide or notes for that day's lesson, then there are other solutions -- give the student a tablet with a note-taking app, give the student "copy of class notes" after the lesson, etc. Or perhaps the kid needs a written copy of the lesson because they can't hear the teacher properly -- you could have the teacher wear a mike and give the student an earpiece, or boost the volume of the speech for the whole class, or give the kid access to close captioning.

But, the school has to go thru this analysis -- eligibility, need, ID a reasonable accommodation that fills the need. In fact, if the school has given accommodations such as more time on test, then it has already acknowledged that the child has a disability and is eligible for accommodations. Extra time on tests fills one kind of need. The parent is communicating that there are other needs that are not being accommodated, and the school is legally obligated to consider how they can reasonably fill the need.

You are missing that private schools are often unable to REASONABLY accommodate a student. Wanting a lesson in advance is often not reasonable because it places a burden on the teacher to stick to a preconceived notion of how much they are covering and what. Teachers often have to pivot to teach a mini lesson.

OP writes, " My kid is struggling in math and despite getting extra time on tests, is finding the class hard to follow as the teacher moves fast and skips over things." So with a teacher who skips things and moves fast it and the vast majority of the students are keeping up, providing materials in advance of class is often not possible.

Math is often sequential unlike science or history topics. But it takes time to catch up if you haven't been keeping up. It requires doing the lesson, the homework AND then doing a lot of extra work reviewing basic math almost every day. It can't be that you get tutoring once a week to catch up and understand a fast pace math course.

So much also depends on what grade the student is in.