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    #232063 - 07/03/16 07:12 PM 504 listing on report card
    Questions202 Offline
    Member

    Registered: 12/20/13
    Posts: 95
    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.

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    #232064 - 07/03/16 08:30 PM Re: 504 listing on report card [Re: Questions202]
    aeh Offline
    Member

    Registered: 04/26/14
    Posts: 3885
    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).
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    #232065 - 07/03/16 09:32 PM Re: 504 listing on report card [Re: aeh]
    puffin Offline
    Member

    Registered: 12/11/12
    Posts: 2035
    Originally Posted By: aeh
    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?

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    #232069 - 07/04/16 06:28 AM Re: 504 listing on report card [Re: Questions202]
    Raevyn Offline
    Member

    Registered: 04/12/16
    Posts: 77
    I'm no expert, but I agree with the other replies on this thread. smile
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    #232077 - 07/04/16 10:11 AM Re: 504 listing on report card [Re: Questions202]
    aeh Offline
    Member

    Registered: 04/26/14
    Posts: 3885
    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.


    Edited by aeh (07/04/16 10:12 AM)
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    #232079 - 07/04/16 01:07 PM Re: 504 listing on report card [Re: Questions202]
    Questions202 Offline
    Member

    Registered: 12/20/13
    Posts: 95
    Thank you, everyone. I am going to look into that.

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    #232080 - 07/04/16 01:07 PM Re: 504 listing on report card [Re: Questions202]
    dusty Offline
    Junior Member

    Registered: 04/16/13
    Posts: 36
    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.

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    #232083 - 07/04/16 11:19 PM Re: 504 listing on report card [Re: spaghetti]
    dusty Offline
    Junior Member

    Registered: 04/16/13
    Posts: 36
    Originally Posted By: spaghetti
    Originally Posted By: dusty
    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.


    The issue is more who does the disclosing. If you don't tell the school or employer, you can't expect accommodations. This school should not be telling anyone. It is up to the student/parents to disclose or not disclose. It's not up to the school.



    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.

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    #232084 - 07/05/16 06:26 AM Re: 504 listing on report card [Re: Questions202]
    sallymom Offline
    Member

    Registered: 03/11/14
    Posts: 121
    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-professiona...hool/index.html


    Edited by sallymom (07/05/16 06:36 AM)

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    #232085 - 07/05/16 07:15 AM Re: 504 listing on report card [Re: sallymom]
    aeh Offline
    Member

    Registered: 04/26/14
    Posts: 3885
    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.
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