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Special Ed 101
I am trying to get a 504 approval from my child's public school
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<blockquote data-quote="slsh" data-source="post: 470867" data-attributes="member: 8"><p>Personally, I'd skip the 504 altogether and go straight for an IEP - reason being that while code of conduct may apply to kids with- 504s, a child with an IEP who engages in a behavior that is due to disability cannot be punished for that behavior under IDEA. </p><p></p><p><span style="font-size: 12px"><span style="font-family: 'arial'"><span style="color: black"><span style="font-family: 'Times New Roman'"><strong>Even though a student can get accommodations under Section 504, they are not exempt from discipline under the </strong></span></span><span style="color: black"><span style="font-family: 'Times New Roman'"><strong>****** </strong></span></span><span style="color: black"><span style="font-family: 'Times New Roman'"><strong> Code of Conduct. We will look for ways to manage the behavior so that high level discipline can be avoided.</strong></span></span></span></span></p><p></p><p>This paragraph sends up *huge* red flags for me. You have a child in Kindergarten who has a disability who, if I am reading between the lines correctly, they intend to hold to the same code of conduct as nondisabled peers, even though you have told them (and I'm assuming neuropsychologist's report will verify) that her behaviors are a result of her disability. Just my experience, but if you have a situation where "high level discipline" is being handed out at this young age, your child is getting set up for a horrific educational experience at a very young age, and it may very well set the tone for her entire academic career.</p><p></p><p>Sometimes it's difficult to get IEPs from SDs when they think they can get away with- 504s (which are, if I recall correctly, basically unenforceable). IEPs *are* enforceable. One of the criteria for an IEP is if a child has behaviors/moods that interfere with- their ability to receive an appropriate education. Has nothing to do with- test scores or LDs or any of that - if the *behaviors* interfere with- education, an IEP is appropriate.</p><p></p><p>The caveat with- an IEP would be that if your daughter's behaviors are not manageable in a regular ed classroom, she may need to be moved to a more restrictive placement. She's not suspended/expelled, but where she gets her education could be changed. The SDs are supposed to provide appropriate accommodations in least restrictive environment (LRE), but that's kind of hit and miss, depending on your SD.</p><p></p><p><span style="font-size: 12px"><span style="font-family: 'arial'"><span style="color: black"><span style="font-family: 'Times New Roman'"><strong>Though a student may have a medical diagnosis, they may not be eligible for accommodations under Section 504. </strong></span></span></span></span></p><p></p><p>This also worries me a bit - but in the interest of full disclosure, after 20 years of dealing with- sped directors and SDs, I tend to not trust them straight off. This statement seems to be giving the "team" an out - i.e. just because you've got a diagnosis, they don't have to accommodate. The fact that you've already had a mtg with- the school staff over her transition indicates that there are problems. I think your primary goal at her young age is to keep them from punishing her for behaviors that are not necessarily within her control. Again, a 504 isn't going to do that. If you're dealing with- suspensions, etc., she's missing classroom time, aka her education. It has the potential to turn into a vicious cycle with the end result that school is very negative for her.</p><p></p><p>You sound like a very proactive parent, and you may decide to go for the 504 as a first step - perfectly reasonable. But you need to remember that you do have the right to request a full multidisciplinary evaluation in order to assess eligibility for an IEP at any time. If behaviors are an issue, a functional behavioral analysis should be part of that evaluation. If "high level discipline" starts to interfere with- her time in the classroom, you need to remember that students with- IEPs cannot be suspended for more than 10 school days per year. I'm not sure how it works with- a 504, but I know that once you request the IEP evaluation, the SD is officially (legally) notified that they are dealing with- a child with- a disability, and I believe the IEP protections come into play.</p></blockquote><p></p>
[QUOTE="slsh, post: 470867, member: 8"] Personally, I'd skip the 504 altogether and go straight for an IEP - reason being that while code of conduct may apply to kids with- 504s, a child with an IEP who engages in a behavior that is due to disability cannot be punished for that behavior under IDEA. [SIZE=3][FONT=arial][COLOR=black][FONT=Times New Roman][B]Even though a student can get accommodations under Section 504, they are not exempt from discipline under the [/B][/FONT][/COLOR][COLOR=black][FONT=Times New Roman][B]****** [/B][/FONT][/COLOR][COLOR=black][FONT=Times New Roman][B] Code of Conduct. We will look for ways to manage the behavior so that high level discipline can be avoided.[/B][/FONT][/COLOR][/FONT][/SIZE] This paragraph sends up *huge* red flags for me. You have a child in Kindergarten who has a disability who, if I am reading between the lines correctly, they intend to hold to the same code of conduct as nondisabled peers, even though you have told them (and I'm assuming neuropsychologist's report will verify) that her behaviors are a result of her disability. Just my experience, but if you have a situation where "high level discipline" is being handed out at this young age, your child is getting set up for a horrific educational experience at a very young age, and it may very well set the tone for her entire academic career. Sometimes it's difficult to get IEPs from SDs when they think they can get away with- 504s (which are, if I recall correctly, basically unenforceable). IEPs *are* enforceable. One of the criteria for an IEP is if a child has behaviors/moods that interfere with- their ability to receive an appropriate education. Has nothing to do with- test scores or LDs or any of that - if the *behaviors* interfere with- education, an IEP is appropriate. The caveat with- an IEP would be that if your daughter's behaviors are not manageable in a regular ed classroom, she may need to be moved to a more restrictive placement. She's not suspended/expelled, but where she gets her education could be changed. The SDs are supposed to provide appropriate accommodations in least restrictive environment (LRE), but that's kind of hit and miss, depending on your SD. [SIZE=3][FONT=arial][COLOR=black][FONT=Times New Roman][B]Though a student may have a medical diagnosis, they may not be eligible for accommodations under Section 504. [/B][/FONT][/COLOR][/FONT][/SIZE] This also worries me a bit - but in the interest of full disclosure, after 20 years of dealing with- sped directors and SDs, I tend to not trust them straight off. This statement seems to be giving the "team" an out - i.e. just because you've got a diagnosis, they don't have to accommodate. The fact that you've already had a mtg with- the school staff over her transition indicates that there are problems. I think your primary goal at her young age is to keep them from punishing her for behaviors that are not necessarily within her control. Again, a 504 isn't going to do that. If you're dealing with- suspensions, etc., she's missing classroom time, aka her education. It has the potential to turn into a vicious cycle with the end result that school is very negative for her. You sound like a very proactive parent, and you may decide to go for the 504 as a first step - perfectly reasonable. But you need to remember that you do have the right to request a full multidisciplinary evaluation in order to assess eligibility for an IEP at any time. If behaviors are an issue, a functional behavioral analysis should be part of that evaluation. If "high level discipline" starts to interfere with- her time in the classroom, you need to remember that students with- IEPs cannot be suspended for more than 10 school days per year. I'm not sure how it works with- a 504, but I know that once you request the IEP evaluation, the SD is officially (legally) notified that they are dealing with- a child with- a disability, and I believe the IEP protections come into play. [/QUOTE]
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I am trying to get a 504 approval from my child's public school
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