*%#@#%& BLEEPIN school again!!!! 504 advice needed

Discussion in 'General Parenting' started by Farmwife, Mar 5, 2010.

  1. Farmwife

    Farmwife Member

    Trying to keep it brief because I am on the verge of doing something ignorant to a certain school official or two.

    1. RX for 504 Sept 09

    2. Meeting for 504 at school Oct 09, mentioned neuropsychologist testing that was SUPPOSED to take 6 weeks. School said would have "some" testing in meantime. They felt Dr. should give line by line instructions.

    3. Appointment for neuropsychologist.

    4. Few weeks ago, called school counselor to relate the delay in results, asked them to pursue options they had. Was told that they expected 504 to be based on the information I was getting so school would save money on tests. Mentioned I wanted them to do what they could in meantime. In second quarter of semester had a meeting before semester ever started.

    5. Last week after a long wait spec. ed teacher called and reiterated fact that "burden of proof" was upon me and we should just wait it out.

    6. Yesterday, got results of neuropsychologist after 5 months. Called school today and left messages with counselor and spec. ed.

    7. Talk with counselor was NOT good, NOT good as in I am absolutely going to send certified letter to not only them but also state board of ed. Once again she placed burden of proof in my lap and said that they couldn't just schedule a new meeting. The psychiatric would have to evaluation papers. Okay fine, but that was only after I stated how unhappy I was with 5 months lapsing and no one doing a thing. I mentioned sending official letter and getting my 90 days started because I was mad, should have been quiet in hindsight since I have no actual clue what they are obligated to do. i asked her flat out who was responsible for difficult child case. She said psychiatric now that he may be Special Education but prior to that he was hers to manage?!?!?!

    Essentially what I am getting is that they need MORE TIME to meditate on what my son may or may not need. Seems final determination is up to school psychiatric and HER opinion of testing results. Then, without an actual timeframe available by counselor we will make an appointment. We can't JUST schedule one. Okay...that would sound reasonable if 5 flippin months hadn't just been burned up in my difficult child's semester as people twiddled their thimbs and expected me to handle all of it, they expected me to put in it their laps signed sealed and ready to implement.


    Anyway...before I make a complete fool out of myself writing strongly worded letters to boards of education I need to know what exactly the school is REQUIRED to do for me legally. I am just too angry to process legal stuff right now. Plus, I am making a HUGE feast for easy child 1st birthday tomorrow...not good timing.

    I need ammo, big badda boom ammo. I am ready to bite out someones throat like a piutbull, I am going to take it all the way to my Senators office in person if need be. I want rocket launchers of legal ammo. Trouble is I am new to this.

    Saw one place that school is required to do things like give me written rights/responsibilities, copies of files, grieveance procedures etc. Don't get me started on testing and time frames.

    Anyway...I'm caught in the darkness and low on gas...desperate for some warrior parent reinforcements. What I should be doing is gleefully hanging up Elmo party streamers and frosting cupcakes right now.:sad-very::sad-very::sad-very:
  2. Farmwife

    Farmwife Member

    by the way we are on the cusp of IEP according to testing but DR. will prescribe IEP since 504 was useless.

    New diagnosis were depressing too...oh bother.

    Mood disorder was old news. Now we get to add adhd, odd, cd and a list of small issues like memory issues, processing issues and motor skill delays.
  3. DDD

    DDD Well-Known Member

    Have you tried posting on the Special Education Forum? There are some real Warrior Mom experts there. Good luck. DDD
  4. klmno

    klmno Active Member

    I'm a little confused about what the school district is telling you and what exactly is going on. First, you are correct that a 504 doesn't do much- it certainly doesn't offer the same as an IEP. A private dr/therapist cannot prescribe an IEP though. There is an evaluation process that the school goes through to determine if a student qualifies, and that will involve there school district psychiatric but it is not solely up to him/her. on the other hand, although you have every right to have private testing/evaluation done on your son, the school district does not have to acccept that and can do their own as part of the eligibility evaluation.

    I assume that you previously did request (in writing) that the school district start an eligibility evaluation on your son, and that the previous hold-up has been waiting for the private testing/evaluation report, and now you have that in hand, if I understand this correctly. If this is the case, then the school district should have all the other necessary reports in hand by now- which should include things like a report from a school social worker, teacher reports, a hearing test, etc., and a meeting should be held (with you there) to review these various things and make a final determination on whether or not your son meets the criteria to be eligible for an IEP. If he is, then a meeting would be help to develop his IEP.

    You could post something on the Special Education forum to confirm this (as DDD suggests) to get more experienced input- I think I'm close but might not have this 100% accurate.
  5. justour2boys

    justour2boys Momto2Boys

    KLMNO gave great overview and advice.... so I'm not going to repeat what she said. But what I will add is run, don't walk, to your nearest library and/or bookstore and get your hands on some special education books.

    The best, and I'm not kidding, the single best thing you can do for you and your child is to educate yourself as to your rights... and you have alot of rights.

    The school is relying on the fact that you don't know anything and they will take advantage of that fact. Just by reading your post, the school is in the wrong and honestly so are you.

    Another great resources is my favorite SpEd web site... www.wrightslaw.com This is packed with info!!

    Before you call or write anyone, please review special education laws and your rights.
    There is a "joke" among some on my SpEd online friends that IEP really stands for Informed Educated Parent. Because with information comes power and you can be in a better position to help your child.

    As for terms... a quick way to think about 504 vs IEP.... a 504 plan are accomidations the school must make due to a disability (there are 7 criteria) under the ADA (American with Disabilities Act).... but an IEP are for services a school provides to the student as a result of standardize test results.

    My real life example is DS#1 has a 504 plan which allows for longer test times and a FM speaker system in the classroom due to his Auditory Processing Disorders (APD) (auditory processing disorder). But my DS#2 has an IEP to receive speech services.

    Also, a Dr. does not prescribe an IEP. He/she can make a recommendation based on their test results, but the school can accept, reject and/or require their own testing.

    Oh and one more thing... yes the schools are required to give (and I used this term lightly) you certain things... but it is YOUR responsability to know what they are and to ask for them... that's the kicker... you have ask (in writing), then they will comply. Never rely on the school to volunteer anything!

    Hope this info helps and if you have any more questions, please post and I will try to help.
    Last edited: Mar 5, 2010
  6. nvts

    nvts Active Member

    You might also want to take a look at the Wrightslaw website. It's got tons of info. in "human speak"!

  7. slsh

    slsh member since 1999

    Farmwife - you need to send a certified letter requesting that the school district do a full multidisciplinary evaluation on your son for purposes of evaluating whether he qualified for sped. The burden of proof is *not* on your shoulders at this point. The school must do the evaluation or provide you written notice of why they are refusing, which I believe then leads to mediation and due process. It looks like the laws have changed since I went thru this, but... the most important thing is to get them on record.

    No doctor can prescribe an IEP or a 504.

    I had to chuckle at them waiting for your testing. This is a huge joke because while they are required to consider outside testing results, they are in no way obligated to agree with- the findings or follow the recommendations.

    The list of "small issues" actually may further boost your case for an IEP - those issues need to be addressed by Occupational Therapist (OT)/PT and possibly speech therapists, services that are not covered in a 504.

    IL actually has a decent website for sped law. You need to read it thoroughly, as well as study up on Wrightslaw. Their link is http://isbe.net/spec-ed/html/regs_legislation.htm

    You do not want to give them any more time to "meditate". Start the time line by sending that letter. Per IL statutes, they have 14 school days to notify you if they're going to do an evaluation and if so, in what areas. Once you sign consent for them to do evaluation, they've got 60 schools days to complete it (see section 226.110 - evaluation procedures). Now, if this runs into summertime, my understanding is that if administration is open, then that is considered a "school day" for time line purposes.

    You may want to see if you can find an advocate down there, because it sounds like your school district is giving you the runaround. If you cannot get one, you *really* need to read through the statutes fast and educate yourself.

    I would also strongly recommend that you stop the phone conversations, or at the very least document the conversation in a letter to the school district, as a "letter of understanding of conversation with Fred Smith on Feb 22, 2010". Certified letter always. Specifically request that a copy of your letter be placed in your child's permanent record - they are not required to do this unless you ask. The better form of communication at this point would be via letters. Paper trail and documentation - very important.