I am trying to get a 504 approval from my child's public school

[richmanlopez]

Dear Friends,

I need some advice on how to handle this process. Here is the letter I wrote to principal at kid's school. She is in kindergarden.
Dear Principal
Thank you again for the meeting we had last week regarding ******'s transition to Kiva School. I am so grateful that we were able to come together as a team to strategize on ways to help ****** integrate into her new school environment.


I am writing to update you on the outcome of ******’s appointment with Dr. ******, a well-respected board certified neuropsychiatrist specialist who runs the ******Institute.



Dr. ****** did cognitive, physiological and brain scan testing on ****** during an extensive two day consultation. With the scientific EEG data recorded, he was able to determine that ****** has a developmental disorder with a brain EEG abnormality producing rigidity and impulsivity. This diagnosis supports my instinct that that there is indeed a biological reason for the behavioral issues that she exhibits. While the doctor does not discourage our attempting to manage her behavior with “Love and Logic” techniques, in his vast experience in dealing with similar patients, he does not think that it will be enough. Therefore, Dr ****** is encouraging that we do not delay in starting the 504 process. He will supply any supporting documentation needed. My goal here is not only to help ****** have an “equal playing field” but to quickly implement a plan that ensures the most positive learning environment possible for the whole class.



This is my formal request that we escalate the timetable we discussed and move forward with the 504 evaluation, which I believe will benefit everyone concerned.



Thank you for your continued support and understanding.

Here is what he just wrote back to me:



Thank you for stopping by yesterday. Sorry I didn’t have a lot of time to spend with you.



I am initiating the Section 504 process which starts with collecting information from ******’s teachers. I will send out a “Behavioral Observation Form” to her teacher and specials teachers. This way we can get their observations of ****** in their classrooms. I would love for you to send me any information you received from Dr. ****** including his diagnosis. There are usually clues in the doctor’s paperwork that can help us better serve ******.



The way the Section 504 process works starts by collecting data about the student. When we have enough data to help us with a determination, I will set up a meeting with you, me and her teachers. This would be the “determination” meeting. Though a student may have a medical diagnosis, they may not be eligible for accommodations under Section 504. This is determined by the team (you’re included) during the determination meeting. If she qualifies, we will move to the accommodation phase and create a 504 Accommodation Plan during the same meeting.



After our meeting the other day, I understand the plan may focus on behavior. Even though a student can get accommodations under Section 504, they are not exempt from discipline under the ****** Code of Conduct. We will look for ways to manage the behavior so that high level discipline can be avoided.



You will be hearing from me within the next week as I collect the data needed and review it to set an appointment for the determination meeting. Please drop off any information what would help us help ******.

[buddy]

I would bring someone with me, an advocate if possible. You have not told us of her challenges but the criteria is much broader now than it was years ago and if her disability area (make sure the dr diagnoses her with something that falls under ADA, dont worry if it is not the exact thing, sometimes we need the label to get services and it doesn't change who your child is...of course I am not saying to lie, just dont sugar coat it....dont say ADHD-like actually say ADHD or whatever they feel is right.) If she has a dx covered by ADA and has any interference with a life function...and now that INCLUDES "thinking" or "concentrating" etc. then she can qualify. I think his reply says he might be worried you think she wont need consequences, but you probably just want appropriate consequences and not to have her sent to the office day afte day or whatever is going on. They dont have any legal obligation like they do with an IEP to do things in a certain number of days or else there is a penalty...so YOU have to be the penalty if they go slow. You have to be on their case if they dont do things appropriately. If what they say is not positive based (work on building skills not just handling the crisis moments with punishment) then refuse the plan. Use websites like writeslaw, PACER and ARC and just do searches for objectives and accomodations that can be put into 504 plans. Anything that can go into an IEP for accomodations can be in a 504 so you can look at IEP objectives/accomodations too.

Can you tell us more? If you give us ideas about how she is doing and what she struggles with then people who have 504s for their kids in similar situations can give you more information. Sorry if you have said so before, if you create a signature, then we can remember easier for future posts.

So glad she has you to help her get an appropriate education. Sorry she is struggling.

one article o 504 eligibility: Section 504 in 2009: Broader Eligibility, More AccommodationsBecause of the ADAAA, more students may now qualify as persons with disabilities entitled to protection from discrimination based on their disabilities. They also may now be eligible to receive special education or general education with related services and reasonable accommodations, including auxiliary aids and services in school, under Section 504.

The ADA Amendments Act of 2008 includes several significant changes, which also apply to Section 504:

The definition of "major life activities" was expanded to include learning, reading, concentrating, and thinking. Also, the definition of "major bodily functions" has been expanded to include neurological and brain functions. This change makes it much easier for individuals with LD and/or AD/HD to qualify for protections under ADAAA.

• ADAAA requires that the limitation on a "major" life activity be broadly, rather than narrowly, interpreted

[JJJ]

I would go for an IEP not a 504.

[TeDo]

I would absolutely go for an IEP instead of a 504 plan. The IEP's allow for more accomodations and need to be more strictly adhered to. It also puts certain limits on the amount of discipline a school can "dish out" and the kinds of things they can discipline for. Find an advocate that knows what they are doing and that knows the federal rules regarding Special Education and IEPs.

[slsh]

Personally, I'd skip the 504 altogether and go straight for an IEP - reason being that while code of conduct may apply to kids w/ 504s, a child with an IEP who engages in a behavior that is due to disability cannot be punished for that behavior under IDEA.

Even though a student can get accommodations under Section 504, they are not exempt from discipline under the ****** Code of Conduct. We will look for ways to manage the behavior so that high level discipline can be avoided.

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 neuropsych'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 w/ 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 w/ their ability to receive an appropriate education. Has nothing to do w/ test scores or LDs or any of that - if the *behaviors* interfere w/ education, an IEP is appropriate.

The caveat w/ 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.

Though a student may have a medical diagnosis, they may not be eligible for accommodations under Section 504.

This also worries me a bit - but in the interest of full disclosure, after 20 years of dealing w/ 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 w/ 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 w/ 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 w/ her time in the classroom, you need to remember that students w/ IEPs cannot be suspended for more than 10 school days per year. I'm not sure how it works w/ a 504, but I know that once you request the IEP evaluation, the SD is officially (legally) notified that they are dealing w/ a child w/ a disability, and I believe the IEP protections come into play.

[buddy]

Sometimes it's difficult to get IEPs from SDs when they think they can get away w/ 504s (which are, if I recall correctly, basically unenforceable).

Right in that they have no teeth, because there is no funding that can be withheld if they do not follow the plan. If one has money or can get a lawyer, you can sue them for violating your child's civil rights though if they dont follow the 504. They know families almost never can do this.

It CAN be a good tool but I agree that my gut said the same, this guy is saying...yeah we will "try" but if she is a pain in the rear for us, we will just do what we do for all kids who dont follow the rules. (but I am afraid I am biased because even with an IEP, I am fighting admin to do the right thing for my son whose IEP actually says: due to gfg's brain injury and dx of autism he is UNABLE to follow school and district conduct code as written. All discipline decisions will include input from the IEP team.)

Have you asked for a full eval? How did you decide on a 504 plan?

[shellybellycocoapuff]

I have to agree with the consensus to get an IEP. A child qualifies under the behavioral/emotionally disturbed category if the behavior prevents them from participating in classes and obtaining the same educational opportunities as their peers. Also, be aware of your rights. If a child can not recieve an education in the school system you have the right to alternative education at the schools expense. Often, if the school is aware that you know this they are more eager to work with you. The best thing that happened for my daughter was an IEP and placement in a small classroom for behaviorally challenged children in a different school than the one she was attending. They had training on how to deal with children like her. She has since transitioned back into the mainstream classroom with pull out services as necsesary.

[richmanlopez]

This is the request that I wrote to her doctor earlier this week:

Dear ******,

Thank you for your clear and helpful diagnosis of my daughter ******this week.

Would you please help me with getting the 504 approval from her school? I need you to write a letter to the ******School District.

In order to protect ****** I need to prove the impairment does substantially limit a major life function.

It was sad when ****** mentioned during testing that she is not having any joy in her life, is not happy and clearly wants to do well but cannot control herself. She told me the other night that she feels that she has a creature inside of her that makes her do mean things and not listen.

The brain and neurological issues she has are getting in the way of her learning, thinking, concentrating without disrupting a class and get removed or disciplined, communicating with others without conflict and the socialization process.

Below is an explanation of what qualifies a person for the 504.

Section 504

To become eligible for services and protection against discrimination on the basis of a disability under Section 504, a student must be determined, as a result of an evaluation, to have a "physical or mental impairment" that "substantially limits one or more major life activities." 29 U.S.C. § 706(8)(B). Major Life Activity: (A) Included, but not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. (29 U.S.C. 705, 42 U.S.C. 12102) Major Life Activities: (A) Included (B) Major Bodily Functions include, but are not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. (29 U.S.C. 705, 42 U.S.C. 12102) In the school setting, eliminating discrimination on the basis of disability is accomplished by providing equal access to educational opportunities by providing reasonable modifications and services through a 504 accommodation plan. Each school in the Scottsdale Unified School District has an administrator designated as the 504 coordinator for that site (see contact information).

With thanks and appreciation,

[richmanlopez]

Forgot to mention that doctor diagnosed her with developmental disorder with EEG/brain irrgularity causing rigidity and impulsivity.

[buddy]

I think it is great to ask the dr. specifically for what you want. I dont know where you got the 504 guidelines, just remember they have been broadened and not just "neurological" but actually says now that it can include troubles with thinking etc.

Section 504 in 2009: Broader Eligibility, More Accommodations

I hope they listen to that but again, a 504 plan may not be sufficient so you might want to formally ask the school district for a complete evaluaton for special education which would offer specific rights and protections that are more enforcible.