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Special Ed 101
504 vs IEP
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<blockquote data-quote="rlsnights" data-source="post: 417695" data-attributes="member: 7948"><p>An IEP is an individualized education plan. It is supposed to be used when modifications in the curriculum or educational setting is necessary in order for a child to benefit from a free and appropriate public education (FAPE).</p><p></p><p>A 504 plan is a way of leveling the playing field for disabled students. If they can't go up the steps a ramp is installed. If they can't pay attention without visual cues and a copy of the notes to follow, then those are provided.</p><p></p><p>When it comes to situations like the ones you are describing things are much harder to sort out. Especially when you have a principal who never met a student she didn't like to punish.</p><p></p><p>Has the child with the existing IEP been referred for 26.5 mental health services? If this hasn't been done I would suggest you ask about this.</p><p></p><p>A child can't simply be exited from Special Education without the parent's agreement. What is going on with the parents of these kids? I'm guessing they are not advocating for their kids due to their own issues. Will the parents do anything to push for services or Special Education certification for their kids?</p><p></p><p>Speech is tricky. I am willing to be that the kid who's scheduled to be exited has language processing issues that have either not been expressly assessed or have not been assessed in the way they need to be. Even then kids with more subtle problems that will be more and more disabling will not necessarily score really poorly on standardized testing. It's the real world stuff like reciprocal conversation or understanding whether their message is being understood that become obstacles. And generally, school districts focus on standardized scores.</p><p></p><p>That level of suspension/removal from the classroom in a kid with disabilities should have triggered an IEP meeting to review placement and determine if there are changes that need to be made. If there's been enough absence that you are approaching 10 days then a manifestation hearing is supposed to be held to determine whether the behaviors are due to disability or not.</p><p></p><p>You are in a tough spot. It sounds like these kids both need supports but figuring out how to provide that within the IEP framework is going to take someone committed to doing the right thing who has the power to do it and can persuade the parent's of that.</p><p></p><p>A child does not have to be failing academically to qualify for an IEP as disabled. This is a well established fact, despite the assertions of those who don't know any better. But there does have to be a need for some Special Education services. Needing a place to go during the school day to calm down is, in my book, absolutely an indicator that these kids need services or supports. If the principal is unwilling to see that and make some allowances informally then either a 504 or IEP is needed.</p><p></p><p>If you have the time I would suggest you check out the Wright's Law website and it's info on discipline and behavior issues.</p><p></p><p><a href="http://www.wrightslaw.com/advoc/ltrs/behavior_obligate.htm" target="_blank">http://www.wrightslaw.com/advoc/ltrs/behavior_obligate.htm</a></p><p></p><p>I'm not sure this all made sense - I'm really tired tonight but I hear your concern for these kids.</p><p></p><p>The biggest thing that I can see happening is that they are going to have big trouble making the transition from 4th to 6th as the academic load increases so much. 4th isn't too bad but by 6th the expectations are much, much higher. By 7th grade they may be failing. So intervening now would be good. I could see these kids dropping out before they finish high school despite their intellectual ability to graduate.</p><p></p><p>Patricia</p></blockquote><p></p>
[QUOTE="rlsnights, post: 417695, member: 7948"] An IEP is an individualized education plan. It is supposed to be used when modifications in the curriculum or educational setting is necessary in order for a child to benefit from a free and appropriate public education (FAPE). A 504 plan is a way of leveling the playing field for disabled students. If they can't go up the steps a ramp is installed. If they can't pay attention without visual cues and a copy of the notes to follow, then those are provided. When it comes to situations like the ones you are describing things are much harder to sort out. Especially when you have a principal who never met a student she didn't like to punish. Has the child with the existing IEP been referred for 26.5 mental health services? If this hasn't been done I would suggest you ask about this. A child can't simply be exited from Special Education without the parent's agreement. What is going on with the parents of these kids? I'm guessing they are not advocating for their kids due to their own issues. Will the parents do anything to push for services or Special Education certification for their kids? Speech is tricky. I am willing to be that the kid who's scheduled to be exited has language processing issues that have either not been expressly assessed or have not been assessed in the way they need to be. Even then kids with more subtle problems that will be more and more disabling will not necessarily score really poorly on standardized testing. It's the real world stuff like reciprocal conversation or understanding whether their message is being understood that become obstacles. And generally, school districts focus on standardized scores. That level of suspension/removal from the classroom in a kid with disabilities should have triggered an IEP meeting to review placement and determine if there are changes that need to be made. If there's been enough absence that you are approaching 10 days then a manifestation hearing is supposed to be held to determine whether the behaviors are due to disability or not. You are in a tough spot. It sounds like these kids both need supports but figuring out how to provide that within the IEP framework is going to take someone committed to doing the right thing who has the power to do it and can persuade the parent's of that. A child does not have to be failing academically to qualify for an IEP as disabled. This is a well established fact, despite the assertions of those who don't know any better. But there does have to be a need for some Special Education services. Needing a place to go during the school day to calm down is, in my book, absolutely an indicator that these kids need services or supports. If the principal is unwilling to see that and make some allowances informally then either a 504 or IEP is needed. If you have the time I would suggest you check out the Wright's Law website and it's info on discipline and behavior issues. [url]http://www.wrightslaw.com/advoc/ltrs/behavior_obligate.htm[/url] I'm not sure this all made sense - I'm really tired tonight but I hear your concern for these kids. The biggest thing that I can see happening is that they are going to have big trouble making the transition from 4th to 6th as the academic load increases so much. 4th isn't too bad but by 6th the expectations are much, much higher. By 7th grade they may be failing. So intervening now would be good. I could see these kids dropping out before they finish high school despite their intellectual ability to graduate. Patricia [/QUOTE]
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