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    http://www2.ed.gov/about/offices/list/ocr/504faq.html (december 2013)

    There's a section there that says this:

    Quote
    4. What services are available for students with disabilities under Section 504?

    Section 504 requires recipients to provide to students with disabilities appropriate educational services designed to meet the individual needs of such students to the same extent as the needs of students without disabilities are met. An appropriate education for a student with a disability under the Section 504 regulations could consist of education in regular classrooms, education in regular classes with supplementary services, and/or special education and related services.

    This seems different from what we were going on before where students had accommodations to allow equal access to the same programs as nondisabled peers. But it does seem to open the door to them being required to actually teach a kid to type when they give them a word processor, or to provide extra help to teach a dysgraphic to write or a dyslexic to read-- even if they are making adequate progress.


    and this:

    Quote
    14. Does the nature of services to which a student is entitled under Section 504 differ by educational level?

    Yes. Public elementary and secondary recipients are required to provide a free appropriate public education to qualified students with disabilities. Such an education consists of regular or special education and related aids and services designed to meet the individual educational needs of students with disabilities as adequately as the needs of students without disabilities are met.

    At the postsecondary level, the recipient is required to provide students with appropriate academic adjustments and auxiliary aids and services that are necessary to afford an individual with a disability an equal opportunity to participate in a school's program. Recipients are not required to make adjustments or provide aids or services that would result in a fundamental alteration of a recipient's program or impose an undue burden.


    We had been going by equal access to the curriculum (what is described for post secondary level), but this seems to say that K-12 need to have needs met as adequately as nondisabled needs are met. (What even does that mean?).

    Anyway, I was updating my knowledge and was kind of surprised to see this wording, and thought I'd share in case it helps anyone else.



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    News to me, MON. And a big deal!!! Thanks for sharing.


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    What even does that mean?


    Well, I think it means (being cynical momentarily) that if they aren't doing a very good job meeting ANYONE's needs, that they are free to carry on in the way that they've begun...

    smirk

    Ahem.

    The big difference between IDEA and ADA/ADAA here is in "individual benefit" versus "as compared with non-disabled peers."

    It's the same wording (and rationale, from what I have seen/heard) as it's always been, but it's a terrific point to bear in mind for those of us with 2e children, and one that means that IEP is often a far, far better tool, ultimately, than a 504 plan is in getting gifted needs met adequately. Section 504 isn't obligating any educational agency to maximize potential benefit to the individual student-- merely to eliminate barriers to access of the regularly available educational smorgasbord. In a nutshell, I mean.



    See, most non-disabled peers are not gifted.

    Ergo, IF there is a gifted program, then disability-related concerns can't be a barrier to participation and access. But if there isn't, an IEP could create one, or at least force some individual arrangement that meets GT needs for an individual student... whereas a 504 plan technically probably cannot, since it's not an educational option available to non-disabled peers either.

    Does that make sense?


    And yes, if something is a barrier not faced by non-disabled peers, then this point is leverage in advocacy. So if non-disabled peers are not taught keyboarding, but only because they are not given keyboarding as a means of achieving academic benefit from an offered program, then yeah-- fundamental nature doesn't apply because they've already said that it's an appropriate accommodation.

    It's then about verbiage in accommodations, and making sure that coaching to USE the accommodations is in place, too.

    Oh, and Letter to Zirkel means that "reasonable" accommodations are not the standard in primary and secondary education.

    I squash that word like a cockroach when I've encountered it in K-12, and I have a copy of Letter to Zirkel in my advocacy backpack all the time just for occasions when that word gets used inappropriately. Troublingly, though, is that in the past seven or eight years, there has clearly been some erosion on this point at OCR, because even THEY have started using that word in ways that are not in keeping with Letter to Zirkel.

    Lillie-Felton is the other thing that I always-always-always have on hand. The way that it applies to GT students is so important for teachers and administrators to fully understand, I think.

    smile




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    Originally Posted by HowlerKarma
    it's a terrific point to bear in mind for those of us with 2e children, and one that means that IEP is often a far, far better tool, ultimately, than a 504 plan is in getting gifted needs met adequately.

    ITA.

    Originally Posted by HowlerKarma
    But if there isn't, an IEP could create one, or at least force some individual arrangement that meets GT needs for an individual student... whereas a 504 plan technically probably cannot, since it's not an educational option available to non-disabled peers either.

    And even if there is a gifted program, the IEP process focuses attention so much on the needs and meeting them "appropriately" that if the gifted program is in any way insufficient the team can go pretty far out of the box for that child. Provided, of course, everyone can agree on the needs.

    These details matter a LOT.


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    MoN, I think you hit the nail on the head, there-- everyone knows that failure of child-find obligation is the elephant in the room in SpEd, after all-- but it's okay since most parents don't seem to know. Well. The only ones who know are the ones whose kids have been "found." (By parents, usually... since the school isn't really looking to find eligible kids, much less define what they might actually need.)

    I'm probably a bit cynical over this at this point, however.


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    Originally Posted by master of none
    The last time I looked, I used the argument that DS needed equal access to the same programs available to peers. And I stretched that to mean GT because GT was available to the grade and he was entitled to access too.

    Makes sense. That's always been my basic understanding of 504s. We've never had one, so I am not up on those particulars.

    Originally Posted by master of none
    When I saw the new wording, I was a little concerned because now it's about "needs". How can needs be compared? I guess "needs" to express self? I think I can work it that way.

    I think you do it according to the task expectations of the settings (including GT) in which he is placed. So if all students do X, and he needs a support to do X, or even specialized instruction to do X, they have to offer that?

    Originally Posted by master of none
    I started reviewing because we are about to transition to high school, and we have a new counselor who was just going to pass along the document to the high school, rather than schedule an annual meeting. And since then, it's a minimalist approach and I'm having to be the heavy.

    Can you schedule a transition meeting?

    Originally Posted by master of none
    So this new wording threw me for a loop, but I think I can see how it might work to our advantage to get rid of some of those zeros on oral reports and on writing assignments. DS "needs" to have a rough draft on writing assignments, and he "needs" to have questions asked of him during oral reports to get all the info out. These two have been sticking points in the past. Ready to go! (Just gotta get the meeting scheduled!)

    Yes, I think this makes sense. Look at the things that aren't working now; identify what supports he needs to succeed; and advocate for those supports to be in place at the start of high school.

    Originally Posted by master of none
    Our school never did ANY testing at all. How can you determine needs if you never look for them? (For other kids whose parents are not as proactive).

    Well, yeah. What HK said about Child Find. One of my leisure activities is helping parents who need to figure out the process, because nobody is helping with that around here.

    A 504 with no testing is an interesting one. I guess they used an RTI model-- but then someone should have noticed those failing grades and Responded with an Intervention. Again, only if the parents are on it.... glad you are, MON.


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    504s do not require triennial evaluations, like IEPs do, presumably because the disability is not transient, so once you've been documented as having a disability, you shouldn't need re-documentation of it, unless a new disability arises, or a new impact on basic life functions is reported. Since there are no modifications to content or need for specialized instruction, regular monitoring of academic progress is presumed to be unnecessary, beyond that maintained for nondisabled peers.

    Now, if there is no documentation whatsoever of a disability (and RTI data would have to be fairly extensive to be documentation), then the legitimacy of the 504 existing at all comes into question. Needs and accommodations, on the other hand, can sometimes be (partially) identified through the data routinely collected by school and parents, such as, when I ask this student to clarify orally his responses on a written test, he comes up with a much higher quality response, which would bump him up a full letter grade. Therefore, supplementary oral assessment clearly allows him better access to demonstration of skills and concepts.

    I agree that child find has an ongoing problem with inefficiency and subjectivity (not to mention budgetary considerations), but I would disagree that only parents are referring students for eligibility determination. In my experience, at least half of referrals come from school staff, either as direct referrals, or through at-risk channels. Also, there is a very wide range of eligibility standards in different school systems. IOW, child A will be a shoo-in for an IEP in district A, on a watch list, or receiving general ed supports in district B, and left to their own devices in district C. The category of district does not always line up the way you would expect it to, either, with the high-performing-ness of the district.

    This forum is probably enriched for parents who have had to push the school district though, as, in practice, child find is biased toward below-grade level performance.

    BTW, if the school district has reason to suspect that a child has a disability (such as if the parent presents evidence of a suspicion of a disability), even in the absence of documentation of eligibility, the district has an obligation to extend the due process protections for a disabled student to the child until such a time as they can document that the child does not have a disability.


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    I've posted my horror story before but I'd like to post it again. I'm not sure that our district (or at least one of the schools) even knows what "child find" is. I repeatedly brought up concerns about DS since he started kindergarten, mentioned that a neurologist told me he's dyspraxic, mentioned that he was in private PT/OT, etc. It was obvious to the K teacher that he had difficulty with motor skills. She asked the OT to come in and look at him. OT observed him in class for a few minutes and declared he's not far enough behind to qualify for any services other than what was already in his IEP (which he brought in from preschool for speech). She said that the teacher could try "interventions" like having him use a pencil grip. So even though I had concerns and the teacher had concerns, no one ever suggested an evaluation or told me I had a right to request one. Months went by and DS was in an accident, fracturing his skull. He went back to school with a neck brace and eye patch. The "bad" eye which wasn't patched (they patched his good eye so he wouldn't lose his vision in the bad eye) was severely crossed and wouldn't track at all. So the poor kid couldn't turn his head and his eye was pointing in towards his nose. When his other eye wasn't patched he had severe double vision. I told them that the eye doctor couldn't predict if his eye will ever get better and if it did, it could take a year for recovery. The teacher carried on as usual, giving him the regular kindergarten work. I'm really not sure how DS could even read, if his "one" eye (the one not covered up) would not track at all and was stuck in the corner by his nose! She told me that he had regressed, and that he had problems with basic things like finding his way around the room or his carpet square on the floor, and that his writing was shaky and he was regressing with writing. I said that maybe we should have the OT come in again. No reply. Every day after school DS was crying or complaining about headaches, and the teacher complained about how he was so slow and she kept him in from play time to finish his work. Finally I had my own evaluation done privately and it showed terrible fine motor skills (probably due to DS's TBI as well as the dyspraxia). It said right there in the neuropsych report that he needs OT. And that he has DCD. Still even after that no one suggested a meeting or what we could do about helping DS. By that time it was 5 or 6 months after the brain injury and school was out for the summer. Three months later after everyone had their summer break (now a full year after i first brought up concerns), I requested that we meet again and the IEP manager finally read the neuropsych report. We had a meeting with the principal, teacher, OT and ST. They pooh-poohed the report and dismissed most of it, and told me he doesn't qualify for anything other than his speech services, because OT is a "related service". He would have to be cognitively impaired or autistic in order to qualify for OT. I also had private OT and PT evaluations done over the summer saying he needs services, and I gave the OT a copy. The OT didn't even read the reports or look at the scores, she handed them over to the ST and told her to file them. The OT told me he should be fine if he continues to use his pencil grip and I just need to work with him myself, being that I'm his mother and all and it's my responsibility. If I can't get him to cooperate for me doing my own parental OT therapy, I'll have to figure it out. She gave me a list of OT activities to do with him, like play with play doh. I asked what would happen if he never learns to write properly, like in third or fourth grade what if he still can't write. By this time he was going into first grade and his writing still looked like chicken scratches and he couldn't color properly, cut properly with a scissors, use a glue bottle, etc, and he had regressed since his brain injury. The OT said that if he still couldn't write in a couple years, then accommodations could be made like having him type rather than write but he was never going to qualify for any services. Ok, then. I told them I think this is BS and completely ridiculous. The meeting got rather heated. So they were willing for him to never learn how to write and he would never qualify for services? It didn't matter about his DCD, TBI, documented motor delays, poor writing, etc?
    The OT showed me a printout that explained how OT is a related service. I asked her if I could take that printout. At home I read it, and on the very next page the 13 special ed categories were listed, including TBI, Physical Impairment, etc. Horrified, I called the State and asked how it is that my DS has a TBI, DCD, and so many other issues, he already has an IEP for speech, and the school is insisting that he can't qualify for anything else when there are so many spec. ed categories that look like they could fit. The woman on the phone was confused and asked why they aren't doing an evaulation. Good question!

    He does now have a "physically impaired" IEP and is getting pulled out for OT and help with writing from a spec. ed teacher but that was after calling the State, calling the spec. ed director, going round and round with the school, the school continuing to argue with me, etc. Once we had the IEP written they didn't bother to pull him out for services until I complained to administration again. By this time it was mid-January. And by this time the school was really hostile. When we had other problems with the teacher beside that, I finally waved the white flag and pulled him out. And I'm happy to say that everything has been fine since then, in a different school. The OT at the new school is the same as the one at the old school. So I find it hard to believe the problem was "just" the other school. I know the OT has a lot of hostility but there's nothing I can do. It's not like I can fire her from the team. I just hope she knows enough to keep her mouth shut at new school rather than spew venom.

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    All I can say is that 95% of what happened to you and your son is blatantly illegal. I am so sorry you and he had to go through this. I know insanity like this happens; I guess I'm blessed that I've never had to work in a district like that. I think I would have had to quit. Or be fired.


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