Gifted Issues Discussion homepage Forums Twice Exceptional 504 listing on report card

So all of the doctors we've spoken to and half the teachers suggest we put our daughter in a Montessori school. They're just really negative on our public school district's ability to handle kids working above grade level or 2E kids. We're considering it. One thing I've noticed is that her report cards have "receives 504 accomodations for writing" on them. Well, okay, but she also gets above grade level work (not complaining) that only 1 other kid in the class gets. She does weekly projects that other kids don't do and takes tests over more difficult material.

I'm not complaining about that. But why is it okay to note that she gets accommodations (meaning she doesn't really deserve her grades) while not noting that she does more advanced work than the other kids in class do? She doesn't get higher grades--in fact, because she struggles with handwriting, her ELA grades are lower than the other kids, but she's assigned more work.

Is the 504 designation on the report card something that schools will look down on? We don't want to move her until she can 1) type very well and 2) advocate for herself--and she's coming along pretty well on both of those fronts. I'm just wondering if there is anything I could or should try to do about the report card situation before we start applying out.

Actually, that's not okay. This would be like noting that a wheelchair-bound student receives 504 accommodations for gym class, therefore their grades aren't "real". Or that a myopic student gets to wear glasses when reading/writing/calculating/completing artwork, therefore their grades aren't deserved. 504 accommodations specifically do not change the nature or complexity of the work, just access to it. Schools also are not allowed to disclose disability status (HIPPA violation) without express consent on your part. That shouldn't be on any official document going out, unless you agree in writing to it. Disability-related documentation (504, IEP) is a separate set of documents. If her instructional level was modified, they could have noted that on a report card, but presumably it wasn't (except up). Public schools (including charter and magnet) are also not allowed to discriminate on the basis of disability status, so unless you choose to disclose such, they should not have access to that information during the admissions/selection process. Private schools, of course, can do whatever they like (unless they take federal funds for something).

That is what I was thinking. Do they put receives scribing if the kid has no hands?

I'm no expert, but I agree with the other replies on this thread.

Helpful reference, spaghetti.

I think the summary of the OSEP letter would be that communications intended only for the parent (e.g., report cards, in the ideal) may include disability information, but communications intended for third parties (prospective employers, admissions to further education) may not.

So if you requested a current transcript for your child (such as when applying to a private school), it should have any indication of disability (references to IEP/504/accommodations) removed from it. (Although modifications to instructional level can and should be included.) The murkiness would come in when schools request copies of report cards in their admissions process, at which point the report cards become a kind of interim transcript, and should be scrubbed of references to disabilities.

Whether you intend to apply to another school or not, it might be a good idea to request a copy of a current transcript, so any HIPPA/FERPA violations on the transcript can be identified prior to sealed transcripts being sent anywhere.

Thank you, everyone. I am going to look into that.

I guess the difference is is that glasses, wheelchairs, and no hands are visible disabilities. Dyslexia and ADHD are not. IMO it's unfair to hide those from private schools or employers. I know many won't agree, but owners of a business or school should have a right to choose who works for them. Public schools do have a responsibility to teach all kids, though.

BTW I am dyslexic and I have never received accommodations as what I am capable of is what I am capable of.

If one doesn't want to disclose this to a partner it friend, then sure. But to a school or employer that has to provide services, then I think yes the parent should have to. If a school has previously provided services then they should be able to state that in a kind of recommendation that is a school report being used to entice a school to take them on. It's misleading and dishonest IMO to do otherwise.

while I certainly would not consider this best practice your school is not technically doing anything wrong. Schools are not covered under HIPAA (not even school nurses). So all information is covered under FERPA. This is a key difference because it allows then to release information to anyone that would have an educational reason to know. So since the report card would only go to the parent or another educational entity it would be fine. That is why when a child changes schools and records are sent any IEP's, evaluations and 504 plans are sent along as well. While I don't see the need to put this info on a report card they are not technically doing anything illegal.

http://www.hhs.gov/hipaa/for-profes...apply-to-an-elementary-school/index.html

Most schools are HIPAA entities (at least in the regions I know), since they routinely bill Medicaid for school-provided services, such as nursing, counseling, or speech therapy. The clarification does help distinguish the exception for FERPA, though.

The transmission of disability-identifying information to selective public schools, however, is still highly questionable, as the receiving public school is not supposed to discriminate on the basis of disability in its admissions. I've worked for such a school, and the DOE has clearly indicated to us that, while we may ask about disability status during admissions, the parent does not have to disclose to us, and our admissions process needs to be disability-blind. Our request for IEP or 504 records comes only after the student has been admitted. This is generally true of educational records transfers.

aeh my understanding is that when schools bill only the billing transaction is subject to HIPAA stipulations. It discusses this in the link. I certainly don't see any reason for the school to put the information on a report card but it does not appear that they are doing anything illegal. I know there is a stipulation under FERPA that allows parents to request that special education records be destroyed. If I was really concerned about the records going to the new school, I would get a copy of the records and make a formal request to eliminate the records.

One thing to ask. Is this report card the same as what would be sent to another school if you were transferring/applying. In H.S. the report card in NOT the same as the transcript. Report Card has comments on it & more detail, while the transcript is just end of semester grades.

While I don't think they shouldn't refer to the 504 in the report card you might want to check if this report is just for the parents/guardian and not what other schools will see.

sally, sorry I was unclear. I agree that the report card as it stands is not illegal. I was making a side comment that many if not most schools actually are HIPAA entities...but, as you note, FERPA trumps that.

The second point, however, has to do with disability rights in public schools admissions. Which, of course, is not really part of the OP's question. Your advice to have sped/504 records destroyed is more relevant to that.

You know, if there were more explanation, I wouldn't mind. But it doesn't say what accommodations she's received. Nor does it say that she takes more advanced tests than the rest of the class or reads a novel and does a project on it every two weeks without any grade weighting.

I do not think it is dishonest to want to give the full information myself if they're only going to take the time to write five words. I'm glad I accepted the accommodations, but until she's really typing, she's not even getting that much out of them. If they had told me this at the beginning instead of saying "oh, even kids with allergies have 504, it's really no big deal," I might not have accepted them. At least not until she's typing.

It's not like teachers don't have to write recommendations.