504's and BIP - UPDATE -HELP!!!

[nvts]

Hi! Can you have a BIP with a 504 OR do you HAVE to have an IEP? This is a fight that I have been having with the Principal about since the beginning of Sept. and have been repeatedly rebuffed.

They just opened the IEP, but I already have a 504 in place. Common sense would say to get the BIP put together now, while under the 504 and then incorporate it into the IEP once we've gotten that far.

If my point is valid - where can I find the confirmation (in writing) so that I can give it to her.

She's already gone the suspension route 2x (and I suspect a 3rd is coming in the next day or two), and just called Child Protective Services on us (they showed up at our door on Friday and seemed pretty disgusted that all of this is going on with the school! lol!). She's lied and "embellished" repeatedly because she hates to be challenged.

All this because a 5 year old has a problem!

Thanks!
Beth

***Just got back from picking her up again!!!***School got an email from their "CSE contact that the only information that she could find about BIP's involved IEP's"***

 

[Sheila]

Can you have a BIP with a 504

Yes.

just called Child Protective Services on us (they showed up at our door on Friday and seemed pretty disgusted that all of this is going on with the school! lol!). She's lied and "embellished" repeatedly because she hates to be challenged.

So much for "the best interest of the child."

She may be trying to intimidate you and husband. It's unfortunate this happened, and I'm glad it didn't cause any problems.

 

[nvts]

Can you tell me where this can be found in the IDEA? The NYC Dept. of Ed. CSE contact is still telling this principal "only with an IEP".

Thanks!
Beth

 

[Sheila]

IDEA has to do with IEPs, not 504 Plans. (However, there are a lot of linked areas of both federal regs -- discipline and behavior management is an example.)

CSE is yanking the principal's chain.

Your best bet may be to call your regional OCR office, tell them what your problem is, and ask if they have something readily available to fax to you about this particular issue or maybe a web address.

Under 504 a Behavior Management Plan, Positive Behavior Intervention Plan – whatever they want to call it – is an “accommodation.”

I used to have a link to the Joint Memorandum (joint policy letter written by OSEP and OCR) discussed below, but I can't locate it. If you want to research for it on your own, see following "clues."

#1) 504. U.S. Dept. of Ed., Joint Policy Memorandum, 18 IDELR 116 at 118 (9/16/91)

#2) http://www.ncld.org/

#3) From an attorney’s website geared for school districts:

“Interestingly, 504 may need to look to special education eligibility for some ADD/ADHD students who can no longer be educated in the mainstream classroom. Since 504 is unfunded, there is no real continuum of educational placements available to the 504 Committee. When a student, despite behavior management and supplementary aids and services, can no longer be taught in the mainstream classroom because of his behaviors, 504 may refer to special education so that, if IDEA-eligible, a more restrictive (IDEA-funded) placement can be found.” The point being behavior management plans are available under 504

4) The list below is not exhaustive. From http://education.jhu.edu/PD/newhorizons/

Potential "Accommodations"
The accommodations that have been recognized as appropriate for 504 students through hearings and judgments will require a new kind of accepting, thinking, and planning among educators. For example, based on the 1991 USDOE Joint Memorandum [34 C.F.R. 104.33(b)(1)] which has been quoted as the law in several judicial decisions, 22 services that must be available in regular classrooms for Section 504 eligible students include the following:
1) providing a structured learning environment
2) repeating and simplifying instructions about in-class assignments
3) repeating and simplifying instructions about homework assignments
4) supplementing verbal instructions with visual instructions
5) using behavioral management techniques
6) adjusting class schedules
7) changing test delivery
8) using tape recorders
9) using computer-assisted instruction
10) using other audio-visual equipment
11) selecting alternate textbooks
12) selecting supportive workbooks
13) tailoring homework assignments
14) consulting with special education for teaching strategies
15) reducing class size
16) using one-on-one tutorials
17) using classroom aides
18) using classroom note-takers
19) involving services coordinator to oversee implementation of program/services
20) modifying non-academic time such as lunchroom
21) modifying non-academic time such as recess
22) modifying non-academic time such as physical education

The Joint Memorandum addressed ADHD, but it doesn't matter -- when it reads "ADHD" plug in any eligible disability.