Quickly - need 504 info

Discussion in 'General Parenting' started by Shari, Jan 9, 2012.

  1. Shari

    Shari IsItFridayYet?

    How do you go about getting a 504? Can the school just give you a 504 instead of doing an evaluation for an IEP?
  2. InsaneCdn

    InsaneCdn Well-Known Member

    Posted a link to this, over on Special Education - doesn't hurt to hit both places...

    This is US stuff, so I don't have any words of wisdom...
  3. Shari

    Shari IsItFridayYet?

    Question is not for me.

    A lady has a young son and requested an IEP evaluation. The Sped director is giving her a 504 instead.

    Is that how the process works?
  4. susiestar

    susiestar Roll With It

    Don'tyou already have an IEP? If you have an IEP they cannot just downgrade it to a 504. They also cannot have IEP meetings with-o you. No way woudl a 504 plan be able to make the accommodations for Wee's shortened days for so long, or his other things.

    They cannot get out of the IEP evaluation by offering a 504 unless you okay it. Sign the notes to say you were there and saw the files, nothing else.

    What game are they playing now?

    Also, if this is short notice, they can't do anything legal. They MUST give you WRITTEN notice in advance, delivered via the mail (so they can prove it was sent if you say you didn't get it). I think it is 10 days notice, but I know they cannot just demand you meet today and do this with-o giving you notice. Plus if you disagree and they had the meeting too soon it sets up all sorts of problems for them if you take them to court.

    You need to get thsoe complaints filed. This SD will never take you seriously until a judge makes them.

    Get the advocates on board and if they push this, go for the lawyer.
  5. somerset

    somerset Member

    A 504 is done without professional evaluations. Where I live, the child's teachers each complete a form about the child's academic progress and behavior in their class. THen there is a meeting with all teachers, a school counselor, and you. THey might not include the PE teacher if you don't ask for them to be there. You can also ask to have the school nurse present. You, the teachers, and the counselor decide whether the child has a disability, whether the disability interferes with the child's ability to learn, and what accomodations are needed. I don't know what idiot decided non-Special Education teachers are qualified to determine whether a child is disabled and it affects their learning. Even the nurses can be ignorant. Also, teachers and nurses may be biased to being with. In my case, we even had a nurse who wouldn't admit migraines could ever, under any circumstances, be disabling.
  6. buddy

    buddy New Member

    the newest re-auth of idea says a parent can request a full evaluation.... they cant ignore it. this is an excerpt talkinf about the changes that went into effect in 2004-5

    IDEA Regulations

    1. Add a provision regarding initiation of a request for initial evaluation.

    Consistent with the consent requirements in 34 CFR 300.300, either a parent of a child or a public agency may initiate a request for an initial evaluation to determine if the child is a child with a disability.
    [34 CFR 300.301(b)] [20 U.S.C. 1414(a)(1)(B)]

    2. Add a 60-day timeline to complete initial evaluation (unless the state has an established timeline).

    The initial evaluation:
    • Must be conducted within 60 days of receiving parental consent for the evaluation or, if the State establishes a timeframe within which the evaluation must be conducted, within that timeframe; and
    • Must consist of procedures to determine if the child is a child with a disability under 34
    CFR 300.8 and to determine the educational needs of the child.
  7. Shari

    Shari IsItFridayYet?

    My understanding was you had either a very typical kid that has a specific issue at school and you can make 504 accommodations, OR you request an evaluation for an IEP, the kid doesn't qualify, but does have a problem so you get a 504.

    I don't have a lot of info yet, but she talked to sped dir on friday to request an evaluation and sped dir decided on a 504 first. Didn't know what was the way it worked. I'm meeting this lady at noon. She's the one who posted on FB about the atmosphere of the school being like a prison.
  8. InsaneCdn

    InsaneCdn Well-Known Member

    Not in writing... its not a request.
    And... you don't actually request the IEP - you request evaluation.
    She needs to come "on board" and let the IEP warrior moms help her write the letter!
  9. buddy

    buddy New Member

    sometimes schools will, as a procedure-- not only for money-- but to make sure the reg ed setting is doing their part ( sp ed kids are typical kids first, all kids should have simple accomodations and trial interventions before being put into "sp ed" unless of course there is a pretty deep concern that there is a real learning / behavioral challenge and significant delay, disruption etc... it is a matter of how the parents and child see it and if they tried anything at all...)

    So, they may need to fill out a form showing they tried x numbers of interventions and they did or did not work and so now they want an evaluation. a 504 plan can be one of those things they may try first. (addition: by this I mean this is often a SD procedure, and it can be good for little issues.... we dont want to have every single little issue that a teacher doesn't want to deal with being referred to sp ed... only true special needs kids... but a parent KNOWS if they are concerned and can bypass this totally)

    BUT if the parent is already beyond this.... thinking that there may really be something wrong here that needs to be identified... Then she needs to put the request in WRITING... not just an over the phone thing were the sp ed director can steer her to the 504.

    So she needs to send it registered mail, return receipt requested. That way the federal time clock is started. Just tell the director thank you very much, we can surely consider options once the evaluation is completed. She can just explain that she is very concerned and wants to make sure that they do not lose time in discovering what is really going on here. If she is not sure, a 504 might just bandaid things.... and many times far more intervention needs to happen... espeically if a learning disability is found or if a child has any form of underlying issue that needs to be addressed by professionals in special education.

    I wish her luck....
    Last edited: Jan 9, 2012
  10. susiestar

    susiestar Roll With It

    That is NOT how it is done. If the mom can't come here, or if you don't really want to share as she might get more info on your family than you are okay with (I won't give my mom/bro this website because bro used it against me in the past and she encouraged it), then copy the letter from the sp ed archives asking for the evaluation. The sp ed dir doesn't just get to decide to do a 504 with no evaluations. The 504 if given if they don't qualify for IEP but still have problems. Of course if they can get mom to agree to the 504 with-o doing the IEP evaluation, then they can get out of a lot of stuff, incl expensive evaluations, and tehy can put a plan in place that has VERY little legal enforcability. Which, from what you have said about your district, is what they want to do.
  11. somerset

    somerset Member

    My difficult child's school last year was like a prison, too. Very rigid and cold. Two failed attempts at a 504. I'd recommend bringing an advocate with her to a 504 or IEP meeting if the school's like that. Someone who can't be bullied.