We want to do a 504 for SD 6.5 for next year because one of her teachers sucked so badly this year, we feel that it's necessary. We didn't hear about most of the issues until the end of this year and met with her school counselor today who was a total jerk and waste of time.
We'd like to just write it up ourselves with her psychologist's, psychiatrist's, ADHD specialist's assistance and backing and then present it to the school "team" who has to evaluate the student and outside information from professionals and decide if they will accept a 504. I think that it's b.s. tha tthe school gets to decide and if they disagree we will definitely appeal to the ends of the earth.
Anyone had to do this and any pointers?? Thanks!
Sorry, should've been more
Sorry, should've been more specific- ours is for behavioral issues compounded/caused by mental health issues.
Thank you for the link, though!
If the child needs that many
If the child needs that many interventions, he needs to be evaluated for special education and then possibly receive much more meaningful supports than a 504 can provide. Look at copaa.org for education advocates in your state. Consult a specialist!
I love love. I hate hate.
OK, we're guessing she won't
OK, we're guessing she won't qualify for special ed. She's actually tested as just short of gifted. Therein lies the problem. She's incredibly smart and has incredibly poor behavioral skills. She had a crap teacher this year who didn't let us know there were problems until late in the year so that's why we're looking at a 504 as opposed to an IEP.
DH did see the website for our state re: 504's with the paperwork attached so we can involve the psychiatrist's and psychologist's and counselors and the ADHD specialist. The County website says the school has the final say- any truth or experience with that anyone?
Thanks!
SD might qualify for special
SD might qualify for special ed as emotionally impaired since you mentioned mental health issues, if she has mental illness of some sort and it interferes with her school performance then she could easily qualify
504 plan could address some issues.
You could request testing to see if she qualifies for special ed, you will need doctor's diagnosis as well.
You have rights to demand testing but decisions will be made jointly. If your child does not qualify for special ed then no matter what you say, he/she will not get it. It really cannot be all up to the parents as you won't believe how many parents want their kids to be in special ed so they can file for SS.
I am so surprised you did not find out she had problems all this year, didn't you attend conferences, met with teachers, checked her grades and behavior records? School would probably do response to intervention first to see if SD responds to intervention without being in special ed
*&^%$ I wrote a whole
*&^%$ I wrote a whole response and my stupid internet disconnected! Anyway, the gist of it was that she's in an immersion program and her spanish half of the day is great and the teacher is communicative and has control of the class. The english teacher is the problem. The parent/teacher conference was with the spanish teacher who said mostly good things and described how she redirects SD. English teacher kept saying SD was doing well and only had "occasional issues" that she was managing it. Then when I stopped in unexpectedly because SD lost her coat, the teacher informed me she'd been allowing SD to "sleep in class because SD told me you and DH work until the wee hours of the morning so she doesn't get any sleep". Um, B.S. manipulation because DS is ODD and teacher knows that. So I gently "grilled her" about what else was going on with DS and the floodgates opened. The teacher is a nice lady and likes to believe every single child is an angel from heaven but is not realistic about SD's problems and I believe, frankly, she's afraid of her tantrums.
If she qualifies for a 504
If she qualifies for a 504 plan, then she must have one. The parents have the final say. But you need a diagnostic from a doctor or a psychologist stating that she has either ADHD or emotional/behavioral issues that impact negatively her academic performance.
Thanks- we've got that from
Thanks- we've got that from MANY docs. We've been looking for one all year we feel comfortable with who seems to have a common sense approach to dealing with SD and our family.
Gifted children don't have
Gifted children don't have IEPs unless they are diagnosed with a learning disability.
How and why does an
How and why does an intellectually gifted child not do well academically?
Everything I am not, makes me who I am
Gotcha! That is interesting!
Gotcha! That is interesting! thanks for explaining...ya learn something new everyday
Everything I am not, makes me who I am
Cool! Thank you so much, I
Cool! Thank you so much, I hadn't heard of an FBA before but yet another avenue to explore. I really appreciate everyone's input, it is giving us more options to help SD succeed!
In order to get a 504 plan,
In order to get a 504 plan, which is a document that protects and prevents a child from being discriminated against in the classroom, a major life function must be impaired ie: hearing, seeing, speaking, learning (that is the tricky one) I agree with referring your kiddo to special education team. Any parent can do that and have a meeting to review your child's academic and behavioral concerns. Bring any outside report or evaluation with you for the school psych to review. If the child is not doing poorly in school and is getting by with basic good teaching practices then she won't qualify for a 504. I write them in my school and there are sonfew bc of the guidlines... 1 is for a hearing impaired child, a child with severe allergies and one for ADHD and that was a tough one... The parents had to hire a lawyer bc the team was adamant after looking at grades, performance and scores that she was able to access the curriculum with standard good teaching and minimal accommodations any teacher can make. If the child cannot do this and needs accommodations (fm system, peanut free, special seating etc) then she will qualify. Proving she can't is the hard part. An FBA as the other poster stated is a better route for a behavioral kid.... But even that is more geared towards a child who will probably require special education bc they are that disruptive to themselves and others. Also, does your SD have a diagnosis? None of this is possible without one. The school makes the educational plan, despite what any medical person may say or recommend. I'm sorry to hear that she had an awful teacher.... That can make the process last much longer since she probably collected zero data on sd. Hopefully discipline reports have been made and you guys can get the ball rolling for next school year. A better teacher, perhaps meds (if the fam is ok with trying) and a little maturity in the child can sometimes be the perfect remedy. Remember a 504 is just a piece of paper at the end of the day and is only as good as the regular education teacher following it. Good luck to you!!
Everything I am not, makes me who I am
Ugh, this is my fear! She
Ugh, this is my fear! She would qualify under learning but it would be sooo hard to prove because she is only going into first grade and even though she didn't ever turn in homework (thanks teach, for not letting us know!) she still passed under the radar and certainly passed academically. She does have diagnoses of ODD and ADHD and is also on medication for the ADHD. Unfortunately this year's english teacher who handled math and civics and language arts, etc. didn't document anything behaviorally. I'm going to at least inquire next year of whatever teacher she gets how her day/week was. Perhaps I'll set up an autosend message in my email!
I didn't see the FBA in the earlier post because I've been skipping around. I'll go check that out and see if that would be sufficient for SD.
Thank you for all the helpful information! My mom teaches 4th grade and the rules/guidelines are so different from Kindergarten and 1st that she hasn't been able to help as much as she'd like.
In our school, an FBA comes
In our school, an FBA comes about when a child is being written up on a daily basis and the teachers, parents, administration needs the school psych or the beavior specialist to intervene. I cannot believe the teacher was letting her sleep in class! OMG I would have flipped
do the meds work? anyways, next year is a new year so good luck, enjoy the summer, and keep us posted!
Everything I am not, makes me who I am
Thanks! Meds are working
Thanks! Meds are working marginally, but she's still a hot mess. They called, well SS10 called, on DH's birthday and she was already out of control at BM's and practically screamed at DH HAPPY BIRTHDAY DADDY!!! Obnoxious. Of course, as usual she refused to speak with me (big loss). I'm refusing to speak with her this summer while their gone. She'll come around later when she feels like it and guess who won't be available to speak to her? I know it's childish but I reeeeeally have a hard time with SD. She is so obnoxious.
I know- the teacher letting her sleep situation totally pissed me off. I cannot believe this teacher bought into her pathetic puffing out of cheeks and fluttering of eyes and fake yawning. That's part of why she's so manipulative, she's adorable and people think she's just a little goldilocks. It's like she hit someone with a book at the beginning of the year upside the head and the next day they all forget that she can be brutally cunning. They conveniently forget that she had to be dragged out of the classroom screaming bloody murder on more than one occasion.
"Special Education" includes
"Special Education" includes gifted, and just so you know, "learning disabled" kids have normal to higher than normal IQ. There are resource rooms for behavior issues as well. They spend most of the time in a normal classroom, and some time with a resource teacher who helps with the issues at hand.
Why did you just find out about the issues at the end of the year? What about the parent/teacher conferences throughout the year?
Good to know! I was not
Good to know! I was not aware of that and my family's full of teachers- thanks for the tip. I answered above but it's a way's back- SD has two teachers: one who calls B.S. and redirects SD and one who is afraid of her, thinks kids are inherently precious and was keeping SD's issues from us. Once I emailed EVERYONE including principal, counselor, daycare at the school for after school programs- now she checks in on things like "is it o.k. if your ADHD daughter participates in a project involving marshmallows?" whereas she's been letting her drink chocolate milk all year long off some shared lunch room cart and we just found out because SD has been bringing it home in her lunch box and we inquired. We had been led to believe that things were fine with SD. We will definitely include a daily or weekly progress report in her 504 or IEP- whichever we can qualify for.
504 is legal too and school
504 is legal too and school personnel is required by the law to follow the plan.
Cool, thanks!
Cool, thanks!
I wanted an IEP because it
I wanted an IEP because it seemed more official and that teachers would have to adhere to it but the school counselor we spoke with yesterday scoffed at me and made me feel stupid telling me it had to do with a physical disability accomodation and when I referred to her mental health documentation he laughed and said "no". We are definitely taking the summer to research- thanks for all the input!
The regular education teacher
The regular education teacher will be in big trouble if choosing not to follow the 504 plan and it's proven that he or she isn't. Like silver ring said its legally binding.
Everything I am not, makes me who I am
Thank you- this is all new to
Thank you- this is all new to me cause they're not my BK's and even with mom as a teacher, she doesn't know all the ins and outs of the system. I appreciate your input!
Read this! It is a fragment
Read this! It is a fragment from the U.S Department of Education website regarding the individuals protected under Section 504 of the Rehabilitation Act of 1973.
Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial funds.
"STUDENTS PROTECTED UNDER SECTION 504
Section 504 covers qualified students with disabilities who attend schools receiving Federal financial assistance. To be protected under Section 504, a student must be determined to: (1) have a physical or mental impairment that substantially limits one or more major life activities; or (2) have a record of such an impairment; or (3) be regarded as having such an impairment. Section 504 requires that school districts provide a free appropriate public education (FAPE) to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities."
Also:
"9. What does noncompliance with Section 504 mean?
A school district is out of compliance when it is violating any provision of the Section 504 statute or regulations.
10. What sanctions can OCR impose on a school district that is out of compliance?
OCR initially attempts to bring the school district into voluntary compliance through negotiation of a corrective action agreement. If OCR is unable to achieve voluntary compliance, OCR will initiate enforcement action. OCR may: (1) initiate administrative proceedings to terminate Department of Education financial assistance to the recipient; or (2) refer the case to the Department of Justice for judicial proceedings."
OCR stands for Office of Civil Rights.
"15. Once a student is identified as eligible for services under Section 504, is that student always entitled to such services?
Yes, as long as the student remains eligible. The protections of Section 504 extend only to individuals who meet the regulatory definition of a person with a disability. If a recipient school district re-evaluates a student in accordance with the Section 504 regulatory provision at 34 C.F.R. 104.35 and determines that the student's mental or physical impairment no longer substantially limits his/her ability to learn or any other major life activity, the student is no longer eligible for services under Section 504."
This is the website where you can find more information about individuals with disabilities covered by Section 504.
http://www2.ed.gov/about/offices/list/ocr/504faq.html
This presentation will help you as well:
http://www.ldame.org/docs/UnderstandingADAAA-Section504.pdf
The law is definitely on the
The law is definitely on the parents' side. The problem is that the schools lack the model that will work. www.thehomeworktrap.com.
Thanks! Everyone's been so
Thanks!
Everyone's been so helpful; I really appreciate all of the advice. We'll get this kid back on track come hell or high water! (cause I cannot take another 12 years of her like this!)
If part of your child's
If part of your child's problems were related to homework, I have a proposal for 504 plans that is not commonly used, but I believe will prove quite powerful in helping your child out. The proposal is prominently displayed on my website, www.thehomeworktrap.com, and is probably not known to the teachers in your child's school. You may have to fight with the school to get it accepted, but it is well worth the fight since it goes to the heart of the problems most kids, who are persistently homework noncompliant, have. Feel free to check it out and, if you use it, keep me posted about how things progress.
Cool- thanks! and I have NO
Cool- thanks! and I have NO problem fighting with the school.
If part of your child's
If part of your child's problems were related to homework, I have a proposal for 504 plans that is not commonly used, but I believe will prove quite powerful in helping your child out. The proposal is prominently displayed on my website, www.thehomeworktrap.com, and is probably not known to the teachers in your child's school. You may have to fight with the school to get it accepted, but it is well worth the fight since it goes to the heart of the problems most kids, who are persistently homework noncompliant, have. Feel free to check it out and, if you use it, keep me posted about how things progress.