Gifted Issues Discussion homepage Forums Twice Exceptional Question about 504 plans

Can someone tell me what the process is for getting a child a 504 plan? I think DD will need one for her ADHD. All that I really want are testing accommodations (for instance no timed tests that "count" towards grades or class placements), and a reduced workload if she is having problems with speed. Does the school need to do a comprehensive evaluation, so if I put in a request in writing, do I request that, or just that she is evaluated in terms of her disability and what accommodations will need to be made? I really would prefer the school NOT do a comprehensive evaluation but is that what we have to do in order to get a 504? She already has a medical diagnosis of ADHD.

I think if you already have a medical diagnosis of ADHD there is no need for an eval by the school and you can go right to getting the 504. I know with my DS he had a hypotonia diagnosis by private neurologist, private neuromuscular and resulting delays in private OT reports and we got a 504 on that without the school doing any type of eval. They did do their own evals (OT and PT for getting school OT and/or PT services) but we had a 504 based on the DX and regardless of what the school OT or PT found.

How is it decided what accommodations need to be made? And how do you request a 504? Does it have to be put in writing or is there a form? I'm just wondering if I say "no more timed tests or extended time on tests because of the ADHD" do they just say "ok"? Knowing the school, I can't see that happening.

Two part process:

1. Evaluation and eligibility. This is where a team (which possesses the expertise to know what various kinds of data mean) evaluates information about the child, any diagnoses and expert opinion, data, etc. regarding the nature, extent, and severity of the limitations imposed by the putative disability in order to decide whether or not the child is SIGNIFICANTLY IMPAIRED relative to unaffected peers of similar age. If so, then teh child is deemed a qualified individual with a disability, and phase 2 happens (often in the same meeting, if time allows).

2. Writing the individual plan.

This can include ANY accommodations that permit the disabled child to access the educational activities/environment to the same degree as their unaffected peers, bearing in mind that these accommodations should meet both FAPE (free and appropriate education) and also be least-restrictive (that is, as inclusive with non-affected peers as possible, even where that means modifications in the classroom).


The writing of the plan involves three distinct KINDS of expertise:

1. experts re: the nature of the disability (usually physicians or outside experts)

2. experts about the particular CHILD in question (who may have idiosyncrasies or other quirks/needs that must be considered in conjunction with the disability, or which impact how the disability is likely to manifest under particular conditions) In other words-- PARENTS.

3. experts on the purpose, methodology, and policies, practices, and procedures of the SCHOOL in particular... placement options experts. This is mostly going to be classroom teachers and school administrators.


A plan is usually grossly imperfect or incomplete and doesn't work well if it doesn't include input from ALL of those different groups.




Oh-- and a final note, here-- schools have a duty to identify and serve children under both ADA and IDEA, but few do a good job of actively SEEKING to identify kids. Mostly, parents have to ASK for evaluation under section 504. But once you do, you should receive a copy of the procedural safeguards for your district. If you don't, politely ask.

There is usually a timeline associated with a request for evaluation, but it's highly variable, so district policy/procedure is another thing to ask for.

Hope that helps!

Thanks for all the input. I had a discussion with the school psych last year and she went in and observed DD for about a half hour and concluded she was fine. But DD's medication was probably working when she observed, or the type of task that DD was doing at the time wasn't something that she struggles with. I explained to the school psych that DD does much better on meds than without meds (without meds there would be NO question that she has a disability and wouldn't be able to function in school). I know that according to new guidelines they need to assess her in terms of how she is without any modifications made to the disability, like meds. But how do they assess her if she is going into school medicated? Even though she is better on meds, I would still want some accommodations (like giving her more time) because she is still not quite right. But whether they would consider her significantly impaired while the medication is working, maybe, maybe not. Plus, who knows how long she will be on meds and whether they are working for her at all times of the school day. They are probably not working when she first shows up for school, for instance.

Sometimes I think I should just let it go, but then DD brings home spelling tests with words left blank, saying she can't keep up with the teacher. The teacher told her that she needs to work faster, and that should be her "behavior goal" (even though she said DD appears focused). I feel that unless we get something in writing, we are going to have ongoing issues with every single teacher, esp. as the work gets more involved or complex.

The process and timeline are really dependent on the school district. HK outlined the ins and outs of what's required, but fwiw, for a 504 plan - that can all easily take place in one meeting in our school district if you have a diagnosis report for a qualifying disability from a professional provider (private) or if you have been through an IEP eligibility process and found not eligible for instruction under an IEP but are eligible for disability accommodations.

If you don't have a diagnosis or outside testing, in our district you would have to request the testing in writing and then wait for a team meeting, the team decides if there is reason to suspect a disability and move forward with testing - if the team decides to test they have a specific number of school days within which to complete the testing (there is a federal law limitation and some districts have shorter time frames as policy).

Have you tried looking on your school district's website or just asking at the school? Most schools (here) have a designated 504 coordinator who can answer these types of questions.

polarbear

We're going through a comprehensive eval for DS right now in terms of trying to get OT added to his IEP (and classroom accommodations--I assume those go on the IEP and we don't need a separate 504?). It has been a ridiculous struggle and I had to get the Director of Special Ed for the district involved. He has been reasonable and helpful and came to the last IEP meeting (and has been telling the school what they need to do) so maybe I should call him about DD as well. Maybe I should wait til the dust settles with DS.
I have to figure out who the 504 coordinator is. The school psych last year was basically clueless and came right out and told me that a 504 would not be needed based on a 30 min. observation.

This is how my son got a 504 plan. I said, "My son needs a 504 plan for ADHD." They told me to have the doctor fax the diagnosis and recommended accommodations. He did. The counselor wrote up the plan. I signed it.

My point is that it was ridiculously easy.

Now, an IEP would have been different because then they would have actually had to *do* something.

A related question about 504 plans... I can not understand what is legally an accommodation and what is legally a curriculum modification that would require a IEP.

DSs school says any "modification" requires an IEP. To the teacher (or what she has said verbally) this means that DS should complete all individual assignments. For example that if they all write the spelling words out in a list every day that DS must do that also.

For dysgraphia or ADHD maybe extra time on assigments and tests might be an accommodation, correct? For dysgraphia paper with larger line spacing would be an accommodation.

But how about with the daily spelling words (normally written) would doing them verbally instead of writing them be a modification of the curriculum or would it be a simple accommodation under a 504. Does anyone know where might I find legal precedent for that? Or that specifically mentioned in a government issued guidance document?

And then has anyone any experience with anything akin to frustration or invisible pain as something that is accommodated by 504? For example limiting the total amount of reading practice in the day because of headache due to eyestrain in a child with visual difficulty? Or limiting the total amount of writing per day due to muscle tiredness? I'm looking just at 504s right now.

Hopefully I am not stealing the thread with this.

Polly, curricular modifications can belong with either one. It just depends on whether the intent is to remove a barrier to participation with peers (504) or for the student to recieve individual educational benefit (IEP) from the change.


Then that's a no-no.

New ADAA says "no consideration of mitigating measures" can be used in determining eligibility. I'd fire back that they weren't doing an adequate job considering a "variety of sources" of "expert opinion" re: the disabling condition in your child.\