Denied a 504 because child not failing

[Anonymous]

I could see an IEP being not granted because of a kid being on grade level but not a 504. Typically a 504 doesn’t provide services, just accommodations to access curriculum in a manner consistent with their disability. What were you asking for, op?

[Anonymous]

OP here. I should've clarified. We did get private testing done. That's how we got the diagnosis. The neuropsychologist who did our testing did recommend several accommodations and was even in the 504 meeting to advocate for my child. The school system still said no.

[Anonymous]

Anonymous wrote:I could see an IEP being not granted because of a kid being on grade level but not a 504. Typically a 504 doesn’t provide services, just accommodations to access curriculum in a manner consistent with their disability. What were you asking for, op?

+1 Schools say this often for special education services, but if there is a diagnosed disability, a 504 should be fairly easy to obtain. 504s for ADHD are pretty standard. It can be difficult to qualify for an IEP with ADHD.

[Anonymous]

If you think he could use help with executive function hire a private executive function coach/therapist. Our health insurance covered one I could name but since you aren’t in DC it could help.

Frankly I think parents spend so many resources trying to get schools to provide these kinds of supports, and then even if they do get them, the quality isn’t very good, because that’s not really what the schools can do well. My view is you’re better off going to outside/private supports sooner.

[Anonymous]

OP Again. All we are asking for is extra time on tests and keyboarding. Executive function help (someone who can go over assignments with him and help him organize) would be nice too, but since I know that's more elusive, I don't care about that one as much. The first two are pretty concrete, and those are the ones I care about the most. That's it. Nothing unusual or unreasonable, in my opinion.

[Anonymous]

Anonymous wrote:What school system is this?

It sounds like every school system in the country….

[Anonymous]

Anonymous wrote:OP Again. All we are asking for is extra time on tests and keyboarding. Executive function help (someone who can go over assignments with him and help him organize) would be nice too, but since I know that's more elusive, I don't care about that one as much. The first two are pretty concrete, and those are the ones I care about the most. That's it. Nothing unusual or unreasonable, in my opinion.

Would he actually use the extra time? Is he not finishing tests in time? Are you looking for extra time for projects and homework? Are you wanting keyboarding for tests and assignments or for them to teach him to keyboard.

I actually thought that kids were keyboarding for tests and assignments since covid but I guess that’s not the case. For extra time, if it’s for assignments and projects you can probably develop means of assistance at home to make sure he’s getting everything done timely and well. And as many of us whose kids have the extra time accommodation, it’s not really that great. There’s always a final due date and all extra time does for a lot of kids is to kick the fan don the road and increase anxiety. And they often don’t elect to use the extra time for tests.

[Anonymous]

OP - did the school team put in writing that the reason your child was denied 504 accommodations was because he is passing? If so, you should file a 504 complaint with your school system or take the issue to the US Department of Education Office of Civil Rights. All you are asking for are reasonable accommodations for your child’s disability so your child can have equal access to the curriculum.

Your child may even qualify for an IEP so independent learning skills are taught, but a private tutor may be more beneficial than a reluctant school system.

Have you tried asking for an IEP meeting as a way to revisit the issue? Even for an IEP, courts have ruled that a child may be passing from grade to grade but still need special education services.

Your school knows the law but is just testing your resolve to challenge them. Ask to record your next meeting and those types of rejections will probably disappear or you will have clear evidence of the discrimination.

[Anonymous]

This is super weird to see a school push back so hard against the asks by the op. I would file a complaint or an appeal.

[Anonymous]

Anonymous wrote:My middle school child was denied a 504 because, in the words of the evaluator, he wasn't failing. The school's psychologist actually said "it is not the responsibility of the public schools to see that your child meets his potential. We don't have the resources for that. We want to see that he graduates. That's all." My child has severe ADHD and problems with writing, but is advanced in math. He gets mostly Bs in school, sometimes an A or C. I think there are definitely some supports he could use, like keyboarding, help with executive functions, etc. Is it normal for the school to deny this and refuse to do anything? Fyi, we're not in the DC area.

No, that is not normal. I teach secondary school (grades 7-12) and have numerous students who have 504 plans and who have very good grades. I attended two initial 504 meetings this year for students who both had straight A's. If a student needs accommodations in order to have a free and appropriate education, it absolutely is the responsibility of the school to address those needs.

504 accommodations of current and former students have included:

-- Chunking of multi-step projects and assignments
-- Checklists to assist with time management for multi-step projects and assignments
-- Paper planner or assignment/assessment calendar
-- Extended time, up to 25%, on assessments and major assignments
-- Extended time, up to 50%, on assessments and major assignments
-- Modified assignments or work load during/after hospitalizations or extended absences
-- Access to word processing software for all written responses
-- Access to spell checking tools for all graded written responses
-- Graphic organizers for multi-paragraph essays
-- Highlighting/color-coding important parts of directions
-- All printed materials on pale blue paper (provided by family)
-- All printed fonts enlarged to 16-point or larger
-- Reduction of paper-pencil tasks
-- Use of fidget grip or chew tube on pencil/pen
-- Use of chair cushion, balance stool, or ball chair to allow for movement
-- Preferential seating away from distractions
-- Preferential seating close to the center of instruction
-- Preferential seating near the door
-- Frequent breaks
-- Frequent check-ins with teacher or counselor regarding stress and anxiety
-- Permission to stand at desk or in back of classroom
-- Non-verbal cues to return to task
-- Verbal cues to return to task
-- Clearly-defined expectations regarding behavior and/or academic demands
-- Unrestricted access to counseling staff
-- Unrestricted access to the restroom
-- Use of noise-reduction headphones (provided by family) during assessments or independent work
-- Access to white noise (selected by student) on headphones during assessments or independent work
-- Access to sunglasses and hat (provided by family) for outdoor activities
-- Advanced warning of scheduled fire drills and lock down drills to reduce panic attacks

[Anonymous]

Anonymous wrote:I'm sorry OP. It's definitely going to vary based on the school. My DD got a 504 in FCPS with straight As. It wasn't about the grades, it was about her anxiety and depression and finding ways to make school less stressful for her. We didn't even have to fight for it, they gave her more accommodations than I even knew to ask for at that point.

My child was getting Cs and Bs when they got the 504, but that wasn't the reason; for her it too was depression and anxiety. And like PP we didn't ask for it. I didn't even know about 504 plans before the counselor called me and suggested DD get one.

OP is there another diagnosis? Is your kid depressed or anxious too? You can get 504 plans for those diagnoses as well.

[Anonymous]

Anonymous wrote:

Anonymous wrote:My middle school child was denied a 504 because, in the words of the evaluator, he wasn't failing. The school's psychologist actually said "it is not the responsibility of the public schools to see that your child meets his potential. We don't have the resources for that. We want to see that he graduates. That's all." My child has severe ADHD and problems with writing, but is advanced in math. He gets mostly Bs in school, sometimes an A or C. I think there are definitely some supports he could use, like keyboarding, help with executive functions, etc. Is it normal for the school to deny this and refuse to do anything? Fyi, we're not in the DC area.

No, that is not normal. I teach secondary school (grades 7-12) and have numerous students who have 504 plans and who have very good grades. I attended two initial 504 meetings this year for students who both had straight A's. If a student needs accommodations in order to have a free and appropriate education, it absolutely is the responsibility of the school to address those needs.

504 accommodations of current and former students have included:

-- Chunking of multi-step projects and assignments
-- Checklists to assist with time management for multi-step projects and assignments
-- Paper planner or assignment/assessment calendar
-- Extended time, up to 25%, on assessments and major assignments
-- Extended time, up to 50%, on assessments and major assignments
-- Modified assignments or work load during/after hospitalizations or extended absences
-- Access to word processing software for all written responses
-- Access to spell checking tools for all graded written responses
-- Graphic organizers for multi-paragraph essays
-- Highlighting/color-coding important parts of directions
-- All printed materials on pale blue paper (provided by family)
-- All printed fonts enlarged to 16-point or larger
-- Reduction of paper-pencil tasks
-- Use of fidget grip or chew tube on pencil/pen
-- Use of chair cushion, balance stool, or ball chair to allow for movement
-- Preferential seating away from distractions
-- Preferential seating close to the center of instruction
-- Preferential seating near the door
-- Frequent breaks
-- Frequent check-ins with teacher or counselor regarding stress and anxiety
-- Permission to stand at desk or in back of classroom
-- Non-verbal cues to return to task
-- Verbal cues to return to task
-- Clearly-defined expectations regarding behavior and/or academic demands
-- Unrestricted access to counseling staff
-- Unrestricted access to the restroom
-- Use of noise-reduction headphones (provided by family) during assessments or independent work
-- Access to white noise (selected by student) on headphones during assessments or independent work
-- Access to sunglasses and hat (provided by family) for outdoor activities
-- Advanced warning of scheduled fire drills and lock down drills to reduce panic attacks

You are a badass for posting this. Not OP but I copied and pasted it for future reference.

[Anonymous]

Hmm. My kid in FCPS was given a 504 despite good grades.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:My middle school child was denied a 504 because, in the words of the evaluator, he wasn't failing. The school's psychologist actually said "it is not the responsibility of the public schools to see that your child meets his potential. We don't have the resources for that. We want to see that he graduates. That's all." My child has severe ADHD and problems with writing, but is advanced in math. He gets mostly Bs in school, sometimes an A or C. I think there are definitely some supports he could use, like keyboarding, help with executive functions, etc. Is it normal for the school to deny this and refuse to do anything? Fyi, we're not in the DC area.

No, that is not normal. I teach secondary school (grades 7-12) and have numerous students who have 504 plans and who have very good grades. I attended two initial 504 meetings this year for students who both had straight A's. If a student needs accommodations in order to have a free and appropriate education, it absolutely is the responsibility of the school to address those needs.

504 accommodations of current and former students have included:

-- Chunking of multi-step projects and assignments
-- Checklists to assist with time management for multi-step projects and assignments
-- Paper planner or assignment/assessment calendar
-- Extended time, up to 25%, on assessments and major assignments
-- Extended time, up to 50%, on assessments and major assignments
-- Modified assignments or work load during/after hospitalizations or extended absences
-- Access to word processing software for all written responses
-- Access to spell checking tools for all graded written responses
-- Graphic organizers for multi-paragraph essays
-- Highlighting/color-coding important parts of directions
-- All printed materials on pale blue paper (provided by family)
-- All printed fonts enlarged to 16-point or larger
-- Reduction of paper-pencil tasks
-- Use of fidget grip or chew tube on pencil/pen
-- Use of chair cushion, balance stool, or ball chair to allow for movement
-- Preferential seating away from distractions
-- Preferential seating close to the center of instruction
-- Preferential seating near the door
-- Frequent breaks
-- Frequent check-ins with teacher or counselor regarding stress and anxiety
-- Permission to stand at desk or in back of classroom
-- Non-verbal cues to return to task
-- Verbal cues to return to task
-- Clearly-defined expectations regarding behavior and/or academic demands
-- Unrestricted access to counseling staff
-- Unrestricted access to the restroom
-- Use of noise-reduction headphones (provided by family) during assessments or independent work
-- Access to white noise (selected by student) on headphones during assessments or independent work
-- Access to sunglasses and hat (provided by family) for outdoor activities
-- Advanced warning of scheduled fire drills and lock down drills to reduce panic attacks

You are a badass for posting this. Not OP but I copied and pasted it for future reference.

+1 Do you use universal design for many of these accommodations? Many of the accommodations would benefit all students otherwise and it would keep the accommodations from being overwhelming to implement.

[Anonymous]

Anonymous wrote:My middle school child was denied a 504 because, in the words of the evaluator, he wasn't failing. The school's psychologist actually said "it is not the responsibility of the public schools to see that your child meets his potential. We don't have the resources for that. We want to see that he graduates. That's all." My child has severe ADHD and problems with writing, but is advanced in math. He gets mostly Bs in school, sometimes an A or C. I think there are definitely some supports he could use, like keyboarding, help with executive functions, etc. Is it normal for the school to deny this and refuse to do anything? Fyi, we're not in the DC area.

Did the school psychologist say this during a meeting to determine whether your child is eligible for services, or was this a less formal meeting? Did you record the meeting? I would be furious because the comment about the school and your child's potential was unprofessional and because denying him based on passing grades is a misinterpretation of IDEA. I think the PP is correct that you need to weigh what you can get in accommodations vs the energy and money it will take to get the 504. At the very least I would ask to meet with the head of Special Ed and have a "I was confused about what Mr Jimmy John said in the meeting because my understanding of my child's legal rights as a person with a disability..." If you have a local parent advocacy group they may be able to give you some help.