IEP/504 for a medical issue - do it now in MS or wait for HS? Would appreciate help!

[sevensamurai]

Hello! DD (MCPS, 8th grade) has suffered from migraines for years. As she has aged, the headaches have become increasingly debilitating (as they often do, unfortunately). The list of accommodations she needs to function at school also keeps growing (ear plugs to limit sounds, special glasses to reduce light, less screen time, extra time to turn in homework if needed), as do the number of days she is absent. This year has been the worst yet. She has missed a ton of school due to headaches, but she still is doing amazingly well academically and her teachers seem pleased with her work. Also, her MS administration has been absolutely wonderful - they simply ask what she needs and, so far, they have okayed everything. As a result, I never thought about asking for a formal plan! However, this is her last year in middle school, and I'm concerned about high school, especially since her headaches have only gotten worse over time. So here's my dilemma - do I ask for an IEP or 504 now (her final 6 months in middle school), or wait until she is in high school? Is it easier to get a plan in MS? Will any plan she gets now just need to be modified next year anyway? Finally, do those with experience recommend hiring an advocate, or will documentation from her neurologist (who she has seen for several years) be enough?

I've read through the archives and tried to google the answer...but all I seem do is confuse myself more! I truly appreciate any and all advice. Thanks!

[Anonymous]

I would ask for a formal plan now, as it can take a while to get into place. It will also be easier with administrators that you know. I’m guessing that she will be given a 504, because it doesn’t sound like she needs special instruction, just accommodations.

It sounds like you have a good relationship with the school, so you probably won’t need an advocate. I would start by sending an email to the administrator in charge of her grade and say you would like to get something in writing in preparation for next year. Ask what documentation they will need.

[Anonymous]

I would pursue a 504 to document the informal accommodations that your daughter has been using with supportive teachers in MS. Find out how to make the request and get the neurologist's letter detailing why as needed. This will start the documenting process. If you go for an IEP in time, it is likely to be for Other Health Impaired.

[Anonymous]

I would get a note from her neurologist and then start an IEP as it could take 6 months to get it so you'll have it for next year. Many people don't take migraines seriously but start with a neurologist note then hire an advocate if needed.

[Anonymous]

Middle school for sure.

[Anonymous]

Get it now so that it's in place on day 1 of high school.

Are you satisfied with her medical care? Do you need a second opinion to see if she can get more relief?

[Anonymous]

Agree, do it now - or after the holidays. I’d make sure you have the medical documentation and also a thorough list of what she needs. I also doubt she needs an IEP so it’s not going to take long to get it into place. Since you have such a good relationship with the school, I’d start with the school counselor.

[Anonymous]

Now for sure while you have friendly administrators who know your child’s needs. And yes medical documentation needed

[Anonymous]

Asap! That way it's in place and you can start seeing what helps and what you may need to change.

[Anonymous]

Now. She needs time to adjust to using them and self-advocating with uncooperative teachers.

You can get a 504 plan with a note from the neurologist which provides 1) diagnosis and 2) some information about how the diagnosis impacts “substantially limits one or more major life activities”. Major life activities, as defined in the Section 504 regulations at 34 C.F.R. 104.3(j)(2)(ii), include functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. This list is not exhaustive. Other functions can be major life activities for purposes of Section 504. In the Amendments Act (see FAQ 1), Congress provided additional examples of general activities that are major life activities, including eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating.” Come to the meeting with documentary evidence that your child is missing school days due to illness (copies of sick notes you write) and evidence that she is already getting informal accommodated ( emails to/from teachers) and explanations of how migraines affect her daily life activities as described in the law above.

It doesn’t seem like she needs an IEP, which would only be necessary if she needs “special instruction.” It sounds like she is doing well as long as she can have flexibility about making up missed work and some accommodations in the classroom. The instruction itself is fine for her to understand when she is there.

She does not have to be behind grade level or getting poor or lower grades due to migraines. Also the fact that your school is already voluntarily accommodating her doesn’t mean they don’t have to write a 504 plan.

You do not need to hire an educational advocate, but if the EMT team that meets to consider her 504 plan tries to decline your request, stand firm and make it clear that you don’t agree with the team decision and you will simply refile your request and come back to the table with an advocate and/or attorney if necessary. MCPS often tries to decline plans and hope that parents don’t know their rights.

But also - does she not have any Rx meds? She really should. If she’s getting them frequently enough, there are daily meds that can help lower the monthly number of migraines. There are abortive medications like triptans that stop the migraine. (Sumatriptan works really well for me.) and pain relief medications (like butalbital) plus OTC migraine meds like Excedrin Migraine. If she’s getting her period and the migraines are linked to her cycle (mid cycle or around bleeding), please let her try a BTC pill with a monthly or multi-monthly cycle. And, she should try exercise like yoga and stretching and trigger awareness (getting good sleep, not skipping meals and journaling to see other trigger connections like weather and certain foods).

Migraines are miserable, but there are ways of managing.

[Anonymous]

Anonymous wrote:Agree, do it now - or after the holidays. I’d make sure you have the medical documentation and also a thorough list of what she needs. I also doubt she needs an IEP so it’s not going to take long to get it into place. Since you have such a good relationship with the school, I’d start with the school counselor.

Request it after the holidays, so the staff doesn’t have to scramble to hold a meeting prior to winter break (timelines don’t stop over break). But request it the first day back, for sure!!

[Anonymous]

Anonymous wrote:

Anonymous wrote:Agree, do it now - or after the holidays. I’d make sure you have the medical documentation and also a thorough list of what she needs. I also doubt she needs an IEP so it’s not going to take long to get it into place. Since you have such a good relationship with the school, I’d start with the school counselor.

Request it after the holidays, so the staff doesn’t have to scramble to hold a meeting prior to winter break (timelines don’t stop over break). But request it the first day back, for sure!!

No, request it now. Although there is no official 504 plan timeline within which to hold a eligibility determination meeting, MCPS tries to hold the meeting within the same 30 days as with an IEP, so if you request it mid Dec., they will have until mid-Jan to hold the meeting.

You have the right to waive timeline if you want to.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Agree, do it now - or after the holidays. I’d make sure you have the medical documentation and also a thorough list of what she needs. I also doubt she needs an IEP so it’s not going to take long to get it into place. Since you have such a good relationship with the school, I’d start with the school counselor.

Request it after the holidays, so the staff doesn’t have to scramble to hold a meeting prior to winter break (timelines don’t stop over break). But request it the first day back, for sure!!

Love how the priority in this post is the staff’s needs and comfort rather than the disabled student’s. IME this is what is so wrong with the MCPS system. Staff willing to be out of compliance in order not to inconvenience themselves.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Agree, do it now - or after the holidays. I’d make sure you have the medical documentation and also a thorough list of what she needs. I also doubt she needs an IEP so it’s not going to take long to get it into place. Since you have such a good relationship with the school, I’d start with the school counselor.

Request it after the holidays, so the staff doesn’t have to scramble to hold a meeting prior to winter break (timelines don’t stop over break). But request it the first day back, for sure!!

Love how the priority in this post is the staff’s needs and comfort rather than the disabled student’s. IME this is what is so wrong with the MCPS system. Staff willing to be out of compliance in order not to inconvenience themselves.

Oh, come on. OP has a great relationship with her school. Her daughter is getting everything she needs. No harm comes from waiting. It’s what reasonable people who don’t have an emergency or even urgent need do. There will still be eight more months to get it done.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Agree, do it now - or after the holidays. I’d make sure you have the medical documentation and also a thorough list of what she needs. I also doubt she needs an IEP so it’s not going to take long to get it into place. Since you have such a good relationship with the school, I’d start with the school counselor.

Request it after the holidays, so the staff doesn’t have to scramble to hold a meeting prior to winter break (timelines don’t stop over break). But request it the first day back, for sure!!

Love how the priority in this post is the staff’s needs and comfort rather than the disabled student’s. IME this is what is so wrong with the MCPS system. Staff willing to be out of compliance in order not to inconvenience themselves.

Oh, come on. OP has a great relationship with her school. Her daughter is getting everything she needs. No harm comes from waiting. It’s what reasonable people who don’t have an emergency or even urgent need do. There will still be eight more months to get it done.

You don’t actually know this. I’m quite sure every person at school thought this of my DD - but without formal accoms she was working like a dog, encountered teachers who refused to accommodate and was somewhat locked into that mindset when she finally got accommodated. The failure to formalize her accommodations promptly had a deep psychological impact, making her feel like a supplicant and a fraud at the same time. Very harmful for staff to assume “there’s no harm in waiting”

The law says she is legally entitled to formalized accommodations, so by definition she is not “getting everything she needs”.