504 - no mental health

Discussion in 'Special Ed 101' started by weaselqt, Sep 28, 2007.

  1. weaselqt

    weaselqt New Member

    okay - I am trying to get 504 for C because of her ongoing health related issues. What exactly is 504? and what can I aske for?

    She has problems with her right hand & the arthritis and taking notes - problems getting to class in the alotted time between classes because she is so "stiff" after sitting in class for 1 1/2 hours (block system in high school) - problems on cool/cold damp mornings standing outside waiting for school to start - carrying books, having bottom locker (hard to stoop over or bend at knees).

    Of course, her grades are horrible so far because she has already missed 9 days of school for sickness and recquired IV infusion dates for her Remicade.

    Anyone dealt with 504?
  2. Sheila

    Sheila Moderator

    Based on what you've written, she should qualify.

    There are some threads in the Sp Ed Archives on Section 504 that explain 504's and compares 504s to IEPs -- do some reading there then post if you need additional information.

    It's much easier to qualify for a 504 compared to an IEP. A 504 is similar to an IEP, but it lacks the parent participation/requirement that IEPs have, parents have little control in making recommendations for accommodations, and 504's are very hard to enforce.

    I recommend that you request an evaluation under IDEA/IEP regs. If for some reason she doesn't qualify, you can always fall back on the 504. The same evaluation done for the IEP can be used for the 504 process.

    If you need info on how to parent refer for evaluation under IDEA, let us know.
  3. weaselqt

    weaselqt New Member

    Our 504 coordinator at the school I work with told me today that C should have been getting the service since she started kindergarten and that I am owed an apology. I have only requested something be done to accomodate her in the past two and half years because that is when she started having problems. Last year, she was on B honor roll - but I honestly feel as if she was "given" grades by teachers because they felt sorry for her and we all live ina small community and go to chruch with severl teachers from her school.

    The 504 coordinator at C's school finally told me she is getting something done for C because her grades a failing as of right now - and she is a Junior in high school.

    I've only been with school district going on 6 years now and every one of the students I work with has IEP - not 504 - although there are a few in my school.

    The paperwork that was sent home with C stated "What accommodation and/or services are you seeking for your child?" - that kind of threw me but I certainly went in to detail - and even included not having her be isolated on cool/cold damp mornings when she would come in the building to sit and wait for the bell to ring and bring one person with her (of her choice).

    Anyway, I woujld LOVE for her to have access to PT for her knees, but feel that would be a differetn battle. I really have some tough times with the school - but maybe this is positive since the coordinator contacted me within the week of my requesting C's 504 status.
  4. Sheila

    Sheila Moderator

    This is positive.

    There's no difference in the evaluation(s) to be performed under IDEA or Section 504, although it does seem that some school districts slack on Section 504 evaluation(s). The evaluation should include areas related to suspected disabilities including but not limited to educational testing, psychiatric evaluation, occupational therapy, auditory processing, medical (diagnostics only), speech-language, etc. The evaluation should be presented in the Report and include recommendations.

    One more reason for most parent referrals to be for an IEP -- sds take IEP evaluations more seriously. It happens that children with-all types of disabilities are never evaluated in school. Those with-behavior problems and/or LDs tend to be pushed out in high school (and earlier in some cases).

    FYI, Section 504 students are entitled to related services such as physical therapy, occupational therapy, etc., also.

    The following explains the major differences in IDEA and Section 504. http://www.wrightslaw.com/info/sec504.who.protect.htm

    Q: Who may be protected under Section 504, but not under IDEA? A student with AIDS? A student with ADD? A student with chronic asthma?

    A: Section 504 is a civil rights law. Section 504 protects individuals with disabilities from discrimination. Section 504 ensures that children with disabilities have equal access to an education.

    All three students would be protected from discrimination under Section 504. Each of these students may also be eligible for special education and related services under IDEA.

    Eligibility for special education and related services under IDEA (and eligibility for protection from discrimination under Section 504) is not disability-specific. This means that one child who has ADD or asthma or AIDS is eligible for special education services under IDEA (which always makes a child eligible under 504) while another child who has ADD or asthma or AIDS is not eligible for services under IDEA, but may be protected from discrimination under Section 504.

    These decisions are specific to each child.

    If the child has a disability that adversely affects educational performance, the child is eligible for special education services under IDEA. Children who eligible for special education services under IDEA are protected under Section 504 (but the converse is not true).

    If the child has a disability that does not adversely affect educational performance, then the child will not be eligible for special education services under IDEA but will usually be entitled to protections under Section 504.

    http://www.wrightslaw.com/info/sec504.index.htm is a good overview of 504.

  5. Sheila

    Sheila Moderator

    Just curious. What does your daughter say she needs to make things easier for her at school?
  6. weaselqt

    weaselqt New Member

    C asks for more time between classes to get to the next class. the bell rings and they have 5 mintues - which it takes her a good minute to "work out" her stiff knee after sitting for an hour and half - and then to walk to the next class - she has a serious limp.

    Next, not to have a bottom locker, hard to bend at knees - she limps because she can't bend her knee.

    We are even asking to use a rolling backpack - very large books and heavy for her.

    Her right hand begins hurting after writing notes in class - we also asked for her to be able to get notes copied from copy machine (or notes from teacher) on days when several notes are taken AND when she misses (which is a lot and is going to be much more).

    On cold/cool, damp mornings, the students stand outside until bell rings in the morning. C's hands get cold & stiff (even when wearing gloves) and her knees hurt her and she stands propped against wall holding books. We asked for her to be able to come inside to wait and to bring in a person of her choice with her so that she won't be isolated.

    We also asked for changes to be made in the future for an unforseen problems/occurrences/needs that arise in the future.

    Anyway - we are just waiting to hear back from them.
  7. Sheila

    Sheila Moderator

    Each requests sounds reasonable and doable to me.