What even does that mean?Well, I think it means (being cynical momentarily) that if they aren't doing a very good job meeting ANYONE's needs, that they are free to carry on in the way that they've begun...
Ahem.
The big difference between IDEA and ADA/ADAA here is in "individual benefit" versus "as compared with non-disabled peers."
It's the same wording (and rationale, from what I have seen/heard) as it's always been, but it's a
terrific point to bear in mind for those of us with 2e children, and one that means that IEP is often a far, far better tool, ultimately, than a 504 plan is in getting gifted needs met adequately. Section 504 isn't obligating any educational agency to
maximize potential benefit to the individual student-- merely to eliminate barriers to access of the
regularly available educational smorgasbord. In a nutshell, I mean.
See,
most non-disabled peers are not gifted. Ergo, IF there is a gifted program, then disability-related concerns can't be a barrier to participation and access. But if there isn't, an IEP could
create one, or at least force some individual arrangement that meets GT needs for an individual student... whereas a 504 plan technically probably cannot, since it's not an educational option available to non-disabled peers either.
Does that make sense?
And yes, if something is a
barrier not faced by non-disabled peers, then this point is leverage in advocacy. So if non-disabled peers are not taught keyboarding, but only because they are not given keyboarding as a means of achieving academic benefit from an offered program, then yeah-- fundamental nature doesn't apply because they've already said that it's an appropriate accommodation.
It's then about verbiage in accommodations, and making sure that coaching to USE the accommodations is in place, too.
Oh, and Letter to Zirkel means that "reasonable" accommodations are
not the standard in primary and secondary education.
I squash that word like a cockroach when I've encountered it in K-12, and I have a copy of Letter to Zirkel in my advocacy backpack all the time just for occasions when that word gets used inappropriately. Troublingly, though, is that in the past seven or eight years, there has clearly been some erosion on this point at OCR, because even THEY have started using that word in ways that are not in keeping with Letter to Zirkel.
Lillie-Felton is the other thing that I always-always-always have on hand. The way that it applies to GT students is so important for teachers and administrators to fully understand, I think.
