Our middle school is referring to the accommodations manual

http://www.cehd.umn.edu/nceo/OnlinePubs/AccommodationsManual.pdf

(which the individual states use for assessing and determining accommodations for 504s) to make DS ineligible for a 504 because step 1 is to provide equal access to grade level curriculum. Since he’s in GT, he is already achieving grade level and therefore doesn’t need a 504. (They haven’t actually told us of this document, but I recognize the language in what they say)

We’ve interviewed the two highly recommended advocates ($$) in our area for 2E. We are pretty sure their level of knowledge on our issues is not what we need –though I wouldn’t hesitate to hire them if our DS had ADHD or autism.
So, I’m gathering my own evidence to go it alone (with DH and professionally dressed “friend”). I have the following:

http://www2.ed.gov/about/offices/list/ocr/letters/colleague-20071226.html (acceleration)

http://www2.ed.gov/about/offices/list/ocr/docs/hq5269.html (hidden disabilities)

Are there any other articles that will help our case? Have there been any lawsuits yet about this that I can reference?

Rhetorical question: How can states simply adopt a manual that does NOT align with the ADA(AA)???

MON, remind me what accommodations he needs? I'll run it through my mental filter.

Have you searched Wrightslaw?

DeeDee

UGH! How frustrating?
I'm not sure where you live but here is a link that Ohio uses for 2E. Warning it's a 108 pages long. It may have some useful information for you. I know it has discussions about hidden disabilities.

http://www.ode.state.oh.us/GD/Templates/...&Content=122173

We had our DS1 category changed from SLD to OHI on his IEP. He is dyslexic but was working at grade level. He is also a type 1 diabetic. We changed the category because it would never be a grade level issue. He was listed as OHI, but had goals mostly related to his dyslexia and organization.

You have formal diagnoses for DS. Have you considered pushing back at the school by asking for not just 504 but IEP? If you make the formal request they are obligated to do a full evalution. My DS2 had a lot of anxiety in Elementary school, they had goals and accommodations on his IEP related to his anxiety.


Jtooit

DeeDee: He has dysgraphia and social anxiety with typing and support for speaking as the accommodations. And extended time too which has never been needed. We have clear evidence of failure when his disabilities are tested (class participation, timed essays) though his report card grades are As and Bs.

I can't imagine that our school is the only one that is sticking to their guide manual, so I'm guessing there have been some court challenges, or at least something written recently to apply to GT/LD kids. I just can't seem to find it through google.

Has the school done their own evaluation? Have they seen diagnostic reports and acknowledged that the needs are real? I am less familiar with the 504 process, but for an IEP the evaluation step is key-- once everyone agrees on the needs, accommodations are decided on based on the needs.

We always bring our outside experts to these school meetings to advocate for us; if I as the mom explain the issue, I may get no buy-in, but when someone with a degree and professional standing does the explaining, the school folks are much more responsive. Do you have someone like that (who diagnosed the dysgraphia and anxiety, for example?) whom you could bring in?

Is there anything here (in the bibliography) that's useful to you? http://www.wrightslaw.com/info/read.dysgraphia.facts.htm
or here ?http://www.wrightslaw.com/info/test.written.lang.htm

DeeDee

DeeDee: Thanks, we don't want school to do testing, but would use it as a delay tactic if needed. They are likely to decide there is no disability like they did in elem--unless they look at very specific areas.

We'll be OK. Just need to get our ducks in a row. I'll keep searching.

Just to be clear, MON, not to push:

I'm not asserting the value of the school's testing in giving you further info; your private person undoubtedly has a more expert handle on things. But the school may be legally required to evaluate before the 504; they certainly would be in the case of an IEP.

In our experience, the school evaluation meeting is the key opportunity for us to bring forward our own testing and expert witnesses who make our case that the disability is real; their information is then incorporated into the school's evaluation report. It's on that basis that we then negotiate accommodations.

DeeDee