504 question

Discussion in 'Special Ed 101' started by tictoc, Oct 8, 2009.

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  1. tictoc

    tictoc New Member

    We have friends who are trying to get a 504 for their daughter, who currently is diagnosis with ADHD, but probably has a lot more going on (She is undergoing testing now).

    daughter had serious aggression issues at school last year, primarily at recess. At its worst, she threw a child on the ground and choked him. She has no memory of this incident (Dissociative Disorder is suspected).

    The parents met with the school this week to request a 504 and a behavioral plan. The school told them that since daughter has been doing well this year, they will not implement anything. daughter has not been having recess this year at the request of the parents and their private psychologist. The principal told the parents they have to allow daughter to have recess and see what happens. He says that they cannot implement any behavioral plan based on last year's behavior. She must do something this year for the school to act, acc to the principal.

    Does this sound right?
  2. rlsnights

    rlsnights New Member

    I would skip the 504 and go directly to a letter asking for Special Education assessment. Hand deliver a letter to principal tomorrow as well as certified to Special Education director. See Wright's Law website for a template if they need one. www.wrightslaw.com

    One could make a case that the child is already receiving "Special Education" since her educational day has been modified to eliminate recess. in my humble opinion there is no way that anyone could say that eliminating recess for a elementary child due to aggression is not a modification (as opposed to an accommodation) of her free and appropriate public education (FAPE).

    A 504 is not appropriate anyway (again just my opinion). If the child really requires that level of intervention, she needs an IEP. A 504 levels the playing field for the disabled child. For example it makes the school district put in ramps to allow a disabled child who uses a wheelchair for mobility to access a room. In this child's case, I suppose you could say it was an accommodation if the school provided an aide who would closely monitor the child during recess although that would usually be considered a modification since there is no way a within normal limits kid is going on the playground with close supervision.

    To completely eliminate a part of the normal school day due to the child's disability is a ... drum roll please ... MODIFICATION.

    The principal is....I'll settle for ignorant.

    These people probably need to get themselves a professional advocate now not later.

    Alternatively, they could make an appointment with the head of Special Education and go discuss the problem with her/him. No doubt that person will shudder in their chair when they hear this story as the family could probably sue the pants off the school district for failure to do child find (that is identification of children with suspected disabilities). Child find is required by IDEA. That principal needs a large dose of education regarding child find along with a swift kick in the pants along with the school psychologist covering that school and any Special Education staff on site who knew about this child's problems and did not initiate a Special Education assessment.

    Just my opinion.
  3. tictoc

    tictoc New Member

    Thanks, rls. I'm going to pass your message along to our friends. They need to join this forum, too.
  4. Sheila

    Sheila Moderator

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