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Joined: May 2013
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Polly--you're not stealing the thread. The more info that comes out, the better for anyone going through this (incl. me). Unfortunately I have no idea how to answer your question. I thought I could just say I want DD's workload cut if she is having problems with speed and that could go on the 504. If it cannot, then what is the teacher going to do? Keep her in from recess so that she has enough time to finish her work or tests? I don't think what the school is telling you sounds correct, but I'm not an expert. I can't believe how everything has to turn into a huge battle at some schools. When DD's teacher told me that DD is slow, I told her that it is probably due to her ADHD and she may need accommodations like cutting the amount of work...so for instance if she is slow with reading worksheets, she could do half the questions instead of all of them. The teacher could have said "Ok, that' wouldn't be a problem." Instead, she just grunted and stared at me so I feel it's necessary to go through the official process.
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But DD's medication was probably working when she observed 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.\ That's what I thought and I told the school psych last spring, she ignored my email for several weeks and then finally wrote back and she said "I wasn't aware of that." Huh? She's like DS's IEP manager (his speech therapist) and the school OT not being aware that there are 13 different disability categories! These things are very basic! I can't figure out if they are being deliberately obtuse or truly are just that clueless. So can you clarify what you mean by "variety of sources" of "expert opinion"? Do we go back to her diagnosis in 1st grade and the paperwork stating how she was back then from the pediatrician? How do I "prove" that she is still disabled enough to need accommodations when she is on meds every day?
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I'd forward her some helpful reading. You know, for professional development or continuing education.
LOL. Because that language is CRYSTAL clear at DoEd OCR.
Schrödinger's cat walks into a bar. And doesn't.
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http://www2.ed.gov/about/offices/list/ocr/docs/dcl-504faq-201109.htmlDirect from the horse's mouth, as it were. One helpful technique when you're dealing with willful stupidity in the 504/IEP process is to encourage the person you're speaking with to call OCR themselves for technical assistance. Some of the most thoroughly, CLEARLY incompetent people I've encountered in public education have been in special ed, I'm sorry to note. Let me see what I can find on the "variety of sources" clause in eligibility. I know that technically, this is a loophole for a determined district/school-- but that most of them aren't savvy enough or smart enough to utilize it well. (Frankly, excluding parents from meetings is just not wise, nor is playing expert v. expert with parents' private specialists unless they are willing to spend BIG $$$ on things, and most of them simply can't.) Okay-- this is a terrific overview of the entire process: http://www2.ed.gov/about/offices/list/ocr/504faq.htmlIt also does a nice job of pointing out the interrelated nature of IEP and 504 in the school setting. I'm going to skim that one again and see if it contains clarification on "variety of sources" of information. I'm betting that it does.
Schrödinger's cat walks into a bar. And doesn't.
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Yes, it does-- 18. What is an appropriate evaluation under Section 504?
Recipient school districts must establish standards and procedures for initial evaluations and periodic re-evaluations of students who need or are believed to need special education and/or related services because of disability. The Section 504 regulatory provision at 34 C.F.R. 104.35(b) requires school districts to individually evaluate a student before classifying the student as having a disability or providing the student with special education. Tests used for this purpose must be selected and administered so as best to ensure that the test results accurately reflect the student's aptitude or achievement or other factor being measured rather than reflect the student's disability, except where those are the factors being measured. Section 504 also requires that tests and other evaluation materials include those tailored to evaluate the specific areas of educational need and not merely those designed to provide a single intelligence quotient. The tests and other evaluation materials must be validated for the specific purpose for which they are used and appropriately administered by trained personnel.
19. How much is enough information to document that a student has a disability?
At the elementary and secondary education level, the amount of information required is determined by the multi-disciplinary committee gathered to evaluate the student. The committee should include persons knowledgeable about the student, the meaning of the evaluation data, and the placement options. The committee members must determine if they have enough information to make a knowledgeable decision as to whether or not the student has a disability. The Section 504 regulatory provision at 34 C.F.R. 104.35(c) requires that school districts draw from a variety of sources in the evaluation process so that the possibility of error is minimized. The information obtained from all such sources must be documented and all significant factors related to the student's learning process must be considered. These sources and factors may include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior. In evaluating a student suspected of having a disability, it is unacceptable to rely on presumptions and stereotypes regarding persons with disabilities or classes of such persons. Compliance with the IDEA regarding the group of persons present when an evaluation or placement decision is made is satisfactory under Section 504.
20. What process should a school district use to identify students eligible for services under Section 504? Is it the same process as that employed in identifying students eligible for services under the IDEA?
School districts may use the same process to evaluate the needs of students under Section 504 as they use to evaluate the needs of students under the IDEA. If school districts choose to adopt a separate process for evaluating the needs of students under Section 504, they must follow the requirements for evaluation specified in the Section 504 regulatory provision at 34 C.F.R. 104.35.
21. May school districts consider "mitigating measures" used by a student in determining whether the student has a disability under Section 504?
No. As of January 1, 2009, school districts, in determining whether a student has a physical or mental impairment that substantially limits that student in a major life activity, must not consider the ameliorating effects of any mitigating measures that student is using. This is a change from prior law. Before January 1, 2009, school districts had to consider a student’s use of mitigating measures in determining whether that student had a physical or mental impairment that substantially limited that student in a major life activity. In the Amendments Act (see FAQ 1), however, Congress specified that the ameliorative effects of mitigating measures must not be considered in determining if a person is an individual with a disability.
Congress did not define the term “mitigating measures” but rather provided a non-exhaustive list of “mitigating measures.” The mitigating measures are as follows: medication; medical supplies, equipment or appliances; low-vision devices (which do not include ordinary eyeglasses or contact lenses); prosthetics (including limbs and devices); hearing aids and cochlear implants or other implantable hearing devices; mobility devices; oxygen therapy equipment and supplies; use of assistive technology; reasonable accommodations or auxiliary aids or services; and learned behavioral or adaptive neurological modifications.
Congress created one exception to the mitigating measures analysis. The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining if an impairment substantially limits a major life activity. “Ordinary eyeglasses or contact lenses” are lenses that are intended to fully correct visual acuity or eliminate refractive error, whereas “low-vision devices” (listed above) are devices that magnify, enhance, or otherwise augment a visual image.
22. Does OCR endorse a single formula or scale that measures substantial limitation?
No. The determination of substantial limitation must be made on a case-by-case basis with respect to each individual student. The Section 504 regulatory provision at 34 C.F.R. 104.35 (c) requires that a group of knowledgeable persons draw upon information from a variety of sources in making this determination.
23. Are there any impairments which automatically mean that a student has a disability under Section 504?
No. An impairment in and of itself is not a disability. The impairment must substantially limit one or more major life activities in order to be considered a disability under Section 504.
24. Can a medical diagnosis suffice as an evaluation for the purpose of providing FAPE?
No. A physician's medical diagnosis may be considered among other sources in evaluating a student with an impairment or believed to have an impairment which substantially limits a major life activity. Other sources to be considered, along with the medical diagnosis, include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior. As noted in FAQ 22, the Section 504 regulations require school districts to draw upon a variety of sources in interpreting evaluation data and making placement decisions.
25. Does a medical diagnosis of an illness automatically mean a student can receive services under Section 504?
No. A medical diagnosis of an illness does not automatically mean a student can receive services under Section 504. The illness must cause a substantial limitation on the student's ability to learn or another major life activity. For example, a student who has a physical or mental impairment would not be considered a student in need of services under Section 504 if the impairment does not in any way limit the student's ability to learn or other major life activity, or only results in some minor limitation in that regard.
26. How should a recipient school district handle an outside independent evaluation? Do all data brought to a multi-disciplinary committee need to be considered and given equal weight?
The results of an outside independent evaluation may be one of many sources to consider. Multi-disciplinary committees must draw from a variety of sources in the evaluation process so that the possibility of error is minimized. All significant factors related to the subject student's learning process must be considered. These sources and factors include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior, among others. Information from all sources must be documented and considered by knowledgeable committee members. The weight of the information is determined by the committee given the student's individual circumstances. In short, blackcat, your DD was NEVER given an "appropriate" evaluation by that standard.
Schrödinger's cat walks into a bar. And doesn't.
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blackcat, whether or not you're encountering a school psych who is clueless or a school psych that is purposely sabotaging your attempt to get a 504, I'd recommend a small amount of research and changing approach tactics at this point, fwiw. I'd also try to keep in mind - there are most likely other kids at your dd's school who have ADHD and 504 plans in place. First thing to do, try to find a list of typical accommodations on either your school district or state's department of ed SPED website - the reason you want to find this list is to find out what it typical simply because chances are good if you request an accommodation off this list the school will be much less likely to argue against it. This can be especially helpful with things like how to specifically word a request - for instance: (for instance no timed tests that "count" towards grades or class placements) The typical accommodation in our district is "extended time on classroom and standardized tests." Some school districts might quantify "time and a half" etc. There would be no note of "counting" toward class placements and grades, it would be an accommodation for all testing. Where there is no specific example of an accommodation, think through how you'd word your own suggestion: I thought I could just say I want DD's workload cut if she is having problems with speed and that could go on the 504. If it cannot, then what is the teacher going to do? I am not sure what is the best way to phrase the reduced workload option - one way to word this might be to say "allow dd to choose to do every other problem when she understands the concept" or "allow dd extended time of one day to turn in assignments" etc. You can also build in (I think) a note that dd specifically should not be held in from recess to complete classwork. The next thing I'd do is to call your district admin office and ask what the policy is for requesting a 504 plan for your dd. If you can find a designated 504 supervisor at the district level, call them. If you can't, call the head of SPED. Chances are the policy is to make a request at your school - so put a request in writing in an email, make it brief but state that your dd has an ADHD diagnosis, and then send that policy to whoever you were told to contact, and cc it to the person you talked to at the district office as well as your school principal. Leave the school psych out of this request unless you're told she's the person you are supposed to send it to. The school psych will most likely be included in a 504 meeting but that doesn't necessarily mean she's the gatekeeper for your school or the program administrator for your school - and that's who you need to be going through to get the process started. And as others have mentioned, getting a 504 for typical ADHD accommodations really shouldn't be difficult. We've had the same experience you're having though with school psychs though - so I'm not entirely surprised. Instead, she just grunted and stared at me so I feel it's necessary to go through the official process. Going through the official process is a good idea whether or not this teacher suddenly turned into a graciously accommodating angel  Chances are if your dd is needing extended time occasionally now she will continue to need it and at some point you'll want it for standardized testing, and it's easier to get that accommodation in place if you have a record of having accommodated previously in the classroom. Best wishes, polarbear ps - HK's advice is *excellent*
Last edited by polarbear; 10/19/13 09:34 AM.
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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. Polly, I don't have any legal precendent for you, but my understanding of the term "modification" is it includes modifying the actual curriculum, and this isn't what you are doing here. Your ds is still going to be studying the same list of spelling words, you are requesting that he be given an accommodation to allow him to show his knowledge. Typically what we've had in accommodations for our dysgraphic ds were terms such as "will be allowed to use a word processor for any writing longer than 1-2 sentences or short phrases". We haven't addressed spelling lists specifically, but for this I'd request something like "oral response for spelling tests" or "allow oral retell for spelling practice in the classroom" etc. 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. Our ds has wrist pain associated with writing if he has to use handwriting for more than a few minutes. The issue of pain isn't directly addressed in his accommodations list, but instead is addressed indirectly - he's not required to use handwriting. So for handwriting, I'd suggest limiting the type of assignment he uses handwriting for rather than total amount of time per day - that's something that's easier to implement rather than having someone actually track number of minutes spent handwriting. For headache due to eyestrain, I'd request an accommodation that rather than limiting time specifically states "will be allowed to take a break when eye strain" etc. Also think through the specifics of what helps your dd when she has eye strain and request those - the school may or may not be specific re exactly what type of thing to do at those times, but it helps to have them in the conversation and have the teacher say "ok" to them. My dd for instance, keeps a water bottle at her desk. When her eyes start bothering her, it helps her to drink water through a straw. It also helps her to look up and away and then back near again, things like that. DD doesn't have a 504 plan, these are things she's always had teachers be more than willing to let her do. polarbear
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Thank you also, polarbear.That was very helpful. I have a feeling the people in the school district are just very poorly trained, but there also is an element of trying to get out of things. The school psych is also the one who wants to give her the Weschler non-verbal ability test rather than the WISC,even though the WISC would be a better test. So far I have not argued much with her about anything, I just sent her the info about how DD needs to be evaluated in terms of ADHD without the medication (or how she was before she was treated). The school psych's response was that her teacher thought she was "just fine", there are no timed tests (other than the CogAT), there are no real grades in second, third grade, etc. So there is no problem. DD's teacher last year was anti-med and didn't want to talk about the ADHD at all. But I got an email from her the last week of school saying that she's slow, sloppy, can't complete the simplest of tasks, DD was crying in class about not getting things done, etc. I forwarded it to the school psych saying "maybe we need to reconsider the 504" and the school psych never replied. I haven't written to her or talked to her about it since then. She was summoned (not by me) to DS's last IEP meeting and is going to need to be part of his comprehensive eval (ugh). Now we have the third grade teacher telling DD that she needs to speed up and she's too slow, despite DD appearing focused and putting effort into her work and the teacher knowing about the ADHD. It seems like that should be enough to write a 504.
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... I have a feeling the people in the school district are just very poorly trained, but there also is an element of trying to get out of things... Agreed. This may be widespread... educators not knowing what to look for (being untrained in giftedness, or not having seen the broad range of gifted abilities) means they may not recognize giftedness, which may actually translate to them having to do less work in unknown or unfamiliar territory. In addition to a time-consuming learning curve, it is probably the fear of the unknown, knowing they may make some missteps along the way, and concern over the consequences, which make plunging in somewhat unrewarding. Many people like to be safe; it's just so... safe! Encouraging a growth mindset, and sharing that many of us as parents knew nothing about giftedness until we had kids who did not fit the mold, may go a long way toward helping others hear what we say and subsequently cultivating in them an interest to learn more, and the confidence to "try". So much of supporting a gifted child's education is experimenting and being open to refining and changing direction. There is not one clear path to success. If teaching degrees required learning about giftedness, what would you want them to know? What books, articles, or resources would you recommend? What topics would you like your state affiliate of NAGC to offer at their conference?
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