I have a 504/IEP question

[StressedM0mma]

So, I mostly post on the General Forum, but thought I would come here to see if I can get an accurate answer. difficult child has a 504 that is not being enforced. You can check my other posts to see about that. She has terrible school anxiety to the point she cannot enter the building. She has missed many many days because of this,or is often late to school.

Cognitively she is brilliant. Other than ADHD she has no learning issues except for the anxiety. Since she is cognitively "on track" would she qualify for an IEP? As I said, we cannot get them to follow her 504. We just found out that her teacher this year had no idea she had one. Until this week. GC didn't feel the need to tell them. As she was doing "OK"

What I want is something that they need to be held accountable for. And, an IEP would do that. So, would her mental health issues let her have one?

 

[jal]

An IEP would be put in place if her behaviors or disability interferes with her education or disrupts others ability to receive their education. Being that she has anxiety and has trouble entering the building, does that impact her education in terms of missing class, assignments, etc? You state that she has missed many days. How does she do her work and is she on track and up to date with her work?

You are correct in the fact that the IEP would hold the school accountable. What are the accomodations in the 504 that the school is not following? What accomodations are you looking to put into place? Have you had the school evaluate her lately? You may want to send a registered letter to your Director of Pupil services requesting an evaluation. I would also want a meeting with the Director to find out why your childs 504 was not presented to her teachers.

 

[buddy]

http://www.wrightslaw.com/blog/?p=694

This site has lots of info.

Jai is right, attending school is their job at this age, a major life function, so her condition is a disability. She in fact does miss assignments etc. and needs support to get through school academically and socially.

You start with another written letter to assess. Sent registered mail.

You have the fact that a 504 had not worked on your side. If they want to say that it didn't work because they chose not to share it or follow it, get that in writing. You now have the leverage of a civil rights law suit to use!

 

[TeDo]

jal put it very nicely. Send the request. Things are NOT the same as they were when the 504 was developed. Be very specific with your request and cover ALL the bases, even if they don't apply. While they are doing the evaluations, you can work on answering (and writing down) the answers to jal's questions. The request needs to be made ASAP so they have time to get everything done by the end of this school year. If they refuse, ask them for their refusal in writing (this will throw them).

Personally (and this is just me), since things have kind of gone downhill with the school, I would stop helping her with ANYTHING school related. If she does it, she does it. If she only does some of it, she does some of it. If she doesn't "get" something, have her ask the teacher. If she can't walk in the building, oh well, more proof. It's hard to do but they NEED to have everything documented o their end. The less you help her, the more they will have to. Don't do this until after they have you sign the authorization for them to evaluate. Since they are reluctant to do anything for her, I would let them see the REAL situation. Let THEM come and get her to school (although they can claim that she's not there so can't do the evaluations).

Good luck.