How to make school to provide 504 accommodations

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP if it’s any consolation, my 10th ADHD grader has had a 504 since first grade and none of his HS teachers actually follow anything listed. Every time this comes up he is blamed for not asking for his accommodations.

This is not legal. You and your son asked for 504 accommodations at the 504 table. He does not also have to ask for them in front of his classmates in the classroom each time he wants to use them.

Most students need help from parents to learn how to politely remind teachers about their accommodations. There is a power dynamic in the classroom that makes it difficult and scary to do this, but 504 plans are a legal obligation the school must meet. The teacher must comply with the plan.

Please support your DC by helping him draft an email to his teacher stating that he wants to regularly receive his accommodation. For example, if he has testing accommodations, he should email that he has a 504 plan with extra time (plus whatever other accoms - small group, use of computer or calculator, test on paper, etc.) and offer a time when he can finish the extra time on the test - at lunch, after school, before school, during the next class or another class, etc.

Your DC should CC you on the email.

If the teacher declines to provide the accommodation, you can help by forwarding the refusal to comply with the 504 plan to the principal, ccing the teacher and your DC, and writing short, polite note informing him/her that the school is "out of compliance" with the 504 and asking that the principal provide the teacher with the necessary professional support to "bring the school back into compliance so that I do not have to resort to due process options."

Section 504, together with IDEA and the ADA protect kid's civil right to access and benefit from an important public good - free public education. Students are our nation's most important human capital investment - an investment made in order to create people who can make their greatest and best contribution to our future society. We all loose out when that doesn't happen. Please help your child see that he is worth demanding his civil rights so that he can develop his future. Helping him learn to self-advocate in this way is important for college and the workplace, where he will also have rights to class & campus accommodation and will develop those with the college disability office.

PP here. Thanks for this. We are working on many of these things. I know teachers are overworked and wonder how many kids have plans at his school.

The 50% rule was hiding some of my child’s issues unfortunately. Getting a zero now for an assignment a teacher won’t let him turn in late (even though in the plan) completely tanks his grade.

Turn in the assignment any way by attachment to email. This is a completely unacceptable violation of the 504 plan and should be documented. If your student has "extended deadlines" or 50% extra time on assignments" (very common and educational best practice that students receive instruction with same accommodations as testing), he/she should simply complete the assignment and hand it in in class in whatever way the teacher requested for the original assignment (in person, upload, etc.). If the online link for submitting assignments is closed, your student should instead attach the assignment as a pdf and write a short note to the teacher explaining how they tried to turn it in and why they could not. (e.g. submitted this to you in class but you rejected it). The email should also contain a short, polite reminder that extended deadline or extra time is part of the 504 plan and thus the submission should be graded as "timely".

Your student NEVER needs to ask permission for extra time or extended deadline on an assignment if that is an accommodation on the plan. The student should complete the assignment and document turning it in (or attempting to do so). Put the ball in the teacher's court - let her reply by email that she won't accept. Let her tell student in class that she won't accept then document that refusal to the principal and CC.

I have a 3 strike system - first refusal generates a polite email reminder about the 504
obligation. If the teacher doubles down and still refuses (strike 2), that refusal is forwarded to the principal with a request to assist the teacher to comply with 504. If the issue is not rectified within 24 hours, then I forward the teacher/principal email chain to the associate superintendent and ask that he/she provide resources to bring the school into compliance.

I have literally never been turned down after strike 3. If I were to be, I would consider filing a formal state or federal complaint.

Teachers who do this are bullies and will continue to do it until it becomes clear that their failure to comply is costly to them professionally. No one wants to have their mistakes continually forwarded to their boss or their boss's boss.

That said, I know teachers are human, and all humans make mistakes. That is why I always start with a polite reminder and second chance for the teacher.

The cycle of having a 504 plan that is then ignored by the school is a very costly one for students - it can create a deep sense of despair, hopelessness, disempowerment, demotivation, anxiety and disconnection from school. I have seen students become depressed, which subsequently needs to be addressed by anti-depressant medication and therapy. I have seen students stop attending class and doing homework. The bad grades, obviously have a terrible impact on grades, which in turn can threaten HS graduation, admissions to college, the quality of college acceptance, and/or the ability to get financial or merit aid for college. Any one of these have lifelong employment and financial impacts.

You have the power, via the 504 plan to stop it. And don't believe "504 plans are unenforceable". 504 is federal law and can be enforced in many ways - state and federal complaints or private suit. (Last year's Perez case broadens the ability to sue for monetary damages under 504 and the ADA.)

Not the OP, but I really like you.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP if it’s any consolation, my 10th ADHD grader has had a 504 since first grade and none of his HS teachers actually follow anything listed. Every time this comes up he is blamed for not asking for his accommodations.

This is not legal. You and your son asked for 504 accommodations at the 504 table. He does not also have to ask for them in front of his classmates in the classroom each time he wants to use them.

Most students need help from parents to learn how to politely remind teachers about their accommodations. There is a power dynamic in the classroom that makes it difficult and scary to do this, but 504 plans are a legal obligation the school must meet. The teacher must comply with the plan.

Please support your DC by helping him draft an email to his teacher stating that he wants to regularly receive his accommodation. For example, if he has testing accommodations, he should email that he has a 504 plan with extra time (plus whatever other accoms - small group, use of computer or calculator, test on paper, etc.) and offer a time when he can finish the extra time on the test - at lunch, after school, before school, during the next class or another class, etc.

Your DC should CC you on the email.

If the teacher declines to provide the accommodation, you can help by forwarding the refusal to comply with the 504 plan to the principal, ccing the teacher and your DC, and writing short, polite note informing him/her that the school is "out of compliance" with the 504 and asking that the principal provide the teacher with the necessary professional support to "bring the school back into compliance so that I do not have to resort to due process options."

Section 504, together with IDEA and the ADA protect kid's civil right to access and benefit from an important public good - free public education. Students are our nation's most important human capital investment - an investment made in order to create people who can make their greatest and best contribution to our future society. We all loose out when that doesn't happen. Please help your child see that he is worth demanding his civil rights so that he can develop his future. Helping him learn to self-advocate in this way is important for college and the workplace, where he will also have rights to class & campus accommodation and will develop those with the college disability office.

PP here. Thanks for this. We are working on many of these things. I know teachers are overworked and wonder how many kids have plans at his school.

The 50% rule was hiding some of my child’s issues unfortunately. Getting a zero now for an assignment a teacher won’t let him turn in late (even though in the plan) completely tanks his grade.

Turn in the assignment any way by attachment to email. This is a completely unacceptable violation of the 504 plan and should be documented. If your student has "extended deadlines" or 50% extra time on assignments" (very common and educational best practice that students receive instruction with same accommodations as testing), he/she should simply complete the assignment and hand it in in class in whatever way the teacher requested for the original assignment (in person, upload, etc.). If the online link for submitting assignments is closed, your student should instead attach the assignment as a pdf and write a short note to the teacher explaining how they tried to turn it in and why they could not. (e.g. submitted this to you in class but you rejected it). The email should also contain a short, polite reminder that extended deadline or extra time is part of the 504 plan and thus the submission should be graded as "timely".

Your student NEVER needs to ask permission for extra time or extended deadline on an assignment if that is an accommodation on the plan. The student should complete the assignment and document turning it in (or attempting to do so). Put the ball in the teacher's court - let her reply by email that she won't accept. Let her tell student in class that she won't accept then document that refusal to the principal and CC.

I have a 3 strike system - first refusal generates a polite email reminder about the 504
obligation. If the teacher doubles down and still refuses (strike 2), that refusal is forwarded to the principal with a request to assist the teacher to comply with 504. If the issue is not rectified within 24 hours, then I forward the teacher/principal email chain to the associate superintendent and ask that he/she provide resources to bring the school into compliance.

I have literally never been turned down after strike 3. If I were to be, I would consider filing a formal state or federal complaint.

Teachers who do this are bullies and will continue to do it until it becomes clear that their failure to comply is costly to them professionally. No one wants to have their mistakes continually forwarded to their boss or their boss's boss.

That said, I know teachers are human, and all humans make mistakes. That is why I always start with a polite reminder and second chance for the teacher.

The cycle of having a 504 plan that is then ignored by the school is a very costly one for students - it can create a deep sense of despair, hopelessness, disempowerment, demotivation, anxiety and disconnection from school. I have seen students become depressed, which subsequently needs to be addressed by anti-depressant medication and therapy. I have seen students stop attending class and doing homework. The bad grades, obviously have a terrible impact on grades, which in turn can threaten HS graduation, admissions to college, the quality of college acceptance, and/or the ability to get financial or merit aid for college. Any one of these have lifelong employment and financial impacts.

You have the power, via the 504 plan to stop it. And don't believe "504 plans are unenforceable". 504 is federal law and can be enforced in many ways - state and federal complaints or private suit. (Last year's Perez case broadens the ability to sue for monetary damages under 504 and the ADA.)

Not the OP, but I really like you.

OP here. Agreed! Very insightful and helpful responses. Thank you, PP. If you don’t mind me asking, are you a parent who have been there? Or attorney/educational consultant?

[Anonymous]

Anonymous wrote:

Anonymous wrote:OP here. I was traveling last week and hence, the delayed response. Thank you all for very useful comments. I reached to school requesting a 504. They responded that we should provide additional data. If no, additional data they warned that the outcome may be the same. I responded that I would like school to share with me notes from their investigation last year. I remember that they mentioned that they spoke with teachers. Those notes have never been shared with us. We are planning to share the neurophyc report from 5th grade, DD’s prior accommodations at her private school (she moved to MCPS at 7th grade. But because of the pandemic, she did not need a 504 in 7-8th grade) and her texts to me asking for help when she studied really hard but was not able to finish half of the tests on time in numerous instances. I also told DD that if school wants to speak with her, she should decline politely and request that she can talk when one of her parents is present. Last year, the counselor spoke with her, and partly based on that conversation, they decided she was not eligible for a 504 plan.

What else can I do until I gather the data? Thank you

Do you or your DD have any correspondence with teachers about the issue?

I may be missing something but are you including a current doctor’s note attesting to the need for the 504 for ADHD? You should include a note from a therapist working with you child and also the doctor who is prescribing the meds. Both should attest to the need for accommodations.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP if it’s any consolation, my 10th ADHD grader has had a 504 since first grade and none of his HS teachers actually follow anything listed. Every time this comes up he is blamed for not asking for his accommodations.

This is not legal. You and your son asked for 504 accommodations at the 504 table. He does not also have to ask for them in front of his classmates in the classroom each time he wants to use them.

Most students need help from parents to learn how to politely remind teachers about their accommodations. There is a power dynamic in the classroom that makes it difficult and scary to do this, but 504 plans are a legal obligation the school must meet. The teacher must comply with the plan.

Please support your DC by helping him draft an email to his teacher stating that he wants to regularly receive his accommodation. For example, if he has testing accommodations, he should email that he has a 504 plan with extra time (plus whatever other accoms - small group, use of computer or calculator, test on paper, etc.) and offer a time when he can finish the extra time on the test - at lunch, after school, before school, during the next class or another class, etc.

Your DC should CC you on the email.

If the teacher declines to provide the accommodation, you can help by forwarding the refusal to comply with the 504 plan to the principal, ccing the teacher and your DC, and writing short, polite note informing him/her that the school is "out of compliance" with the 504 and asking that the principal provide the teacher with the necessary professional support to "bring the school back into compliance so that I do not have to resort to due process options."

Section 504, together with IDEA and the ADA protect kid's civil right to access and benefit from an important public good - free public education. Students are our nation's most important human capital investment - an investment made in order to create people who can make their greatest and best contribution to our future society. We all loose out when that doesn't happen. Please help your child see that he is worth demanding his civil rights so that he can develop his future. Helping him learn to self-advocate in this way is important for college and the workplace, where he will also have rights to class & campus accommodation and will develop those with the college disability office.

PP here. Thanks for this. We are working on many of these things. I know teachers are overworked and wonder how many kids have plans at his school.

The 50% rule was hiding some of my child’s issues unfortunately. Getting a zero now for an assignment a teacher won’t let him turn in late (even though in the plan) completely tanks his grade.

Turn in the assignment any way by attachment to email. This is a completely unacceptable violation of the 504 plan and should be documented. If your student has "extended deadlines" or 50% extra time on assignments" (very common and educational best practice that students receive instruction with same accommodations as testing), he/she should simply complete the assignment and hand it in in class in whatever way the teacher requested for the original assignment (in person, upload, etc.). If the online link for submitting assignments is closed, your student should instead attach the assignment as a pdf and write a short note to the teacher explaining how they tried to turn it in and why they could not. (e.g. submitted this to you in class but you rejected it). The email should also contain a short, polite reminder that extended deadline or extra time is part of the 504 plan and thus the submission should be graded as "timely".

Your student NEVER needs to ask permission for extra time or extended deadline on an assignment if that is an accommodation on the plan. The student should complete the assignment and document turning it in (or attempting to do so). Put the ball in the teacher's court - let her reply by email that she won't accept. Let her tell student in class that she won't accept then document that refusal to the principal and CC.

I have a 3 strike system - first refusal generates a polite email reminder about the 504
obligation. If the teacher doubles down and still refuses (strike 2), that refusal is forwarded to the principal with a request to assist the teacher to comply with 504. If the issue is not rectified within 24 hours, then I forward the teacher/principal email chain to the associate superintendent and ask that he/she provide resources to bring the school into compliance.

I have literally never been turned down after strike 3. If I were to be, I would consider filing a formal state or federal complaint.

Teachers who do this are bullies and will continue to do it until it becomes clear that their failure to comply is costly to them professionally. No one wants to have their mistakes continually forwarded to their boss or their boss's boss.

That said, I know teachers are human, and all humans make mistakes. That is why I always start with a polite reminder and second chance for the teacher.

The cycle of having a 504 plan that is then ignored by the school is a very costly one for students - it can create a deep sense of despair, hopelessness, disempowerment, demotivation, anxiety and disconnection from school. I have seen students become depressed, which subsequently needs to be addressed by anti-depressant medication and therapy. I have seen students stop attending class and doing homework. The bad grades, obviously have a terrible impact on grades, which in turn can threaten HS graduation, admissions to college, the quality of college acceptance, and/or the ability to get financial or merit aid for college. Any one of these have lifelong employment and financial impacts.

You have the power, via the 504 plan to stop it. And don't believe "504 plans are unenforceable". 504 is federal law and can be enforced in many ways - state and federal complaints or private suit. (Last year's Perez case broadens the ability to sue for monetary damages under 504 and the ADA.)

Extended time does not equal turn it in anytime you want. 🙄

Thank you for that red herring PP. No one said extended time equals "turn it in whenever you want".

Extended time in a 504 plan usually comes with a specific amount of time - +50% is common - on tests & assignments. It is a basic principle of disability accommodation that if a student requires 50% extra time on an exam, they should have a matching amount of extra time for assignments because if a SN students particular neurological profile means they have extra processing time, then they don't just need it on the test, they need it on other graded assignments and instruction.

So, I am not saying "turn it in any time" ..... I am saying if your plan says X% extra time, turn it in w/in that 50% range.

If you are at the IEP table, do not accept a plan that says "extra time" without specific amount of time. Also, do not accept that the plan says "extra time" or "extended deadlines" "as negotiated with the teacher". That takes an essential legal issue - determining the scope of accommodation - out of the 504 meeting and away from the people who are best qualified to make that determination and incorrectly places the accommodation determination in the hands of each teacher. Teachers do not have the expertise to make that determination. Teachers are conflicted parties in that determination. There is a power differential between student/teacher that makes it very difficult to negotiate accommodation. Instead of being one global decision and application that is public (within admin, staff and family) and can be monitored and tracked for compliance and effectiveness, the accommodation becomes hidden.

Non-cooperating teachers know all of this. They believe that when they tell your kid "No, I won't accept your assignment," the student will just stop bothering them. Your job as a parent is to encourage your child to finish the assignment and turn it on "on (their extended) time". Your kid has every right to complete homework in a manner consistent with their disability and to benefit from grades and feedback without penalization.

If you don't have extended time or were turned down for it.... do it and turn it in any way. Let the teacher do whatever.... I don't care if she is saying I don't accept. Turn it in by email 2-3 times and ask for a 504 meeting. You now have "documentation" of the need for extra time meed. Point out that your kid is turning in the work but not getting grades or feedback and thus is not able "to access or benefit from" key parts of the educational system. Ask for extended time again.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP if it’s any consolation, my 10th ADHD grader has had a 504 since first grade and none of his HS teachers actually follow anything listed. Every time this comes up he is blamed for not asking for his accommodations.

This is not legal. You and your son asked for 504 accommodations at the 504 table. He does not also have to ask for them in front of his classmates in the classroom each time he wants to use them.

Most students need help from parents to learn how to politely remind teachers about their accommodations. There is a power dynamic in the classroom that makes it difficult and scary to do this, but 504 plans are a legal obligation the school must meet. The teacher must comply with the plan.

Please support your DC by helping him draft an email to his teacher stating that he wants to regularly receive his accommodation. For example, if he has testing accommodations, he should email that he has a 504 plan with extra time (plus whatever other accoms - small group, use of computer or calculator, test on paper, etc.) and offer a time when he can finish the extra time on the test - at lunch, after school, before school, during the next class or another class, etc.

Your DC should CC you on the email.

If the teacher declines to provide the accommodation, you can help by forwarding the refusal to comply with the 504 plan to the principal, ccing the teacher and your DC, and writing short, polite note informing him/her that the school is "out of compliance" with the 504 and asking that the principal provide the teacher with the necessary professional support to "bring the school back into compliance so that I do not have to resort to due process options."

Section 504, together with IDEA and the ADA protect kid's civil right to access and benefit from an important public good - free public education. Students are our nation's most important human capital investment - an investment made in order to create people who can make their greatest and best contribution to our future society. We all loose out when that doesn't happen. Please help your child see that he is worth demanding his civil rights so that he can develop his future. Helping him learn to self-advocate in this way is important for college and the workplace, where he will also have rights to class & campus accommodation and will develop those with the college disability office.

PP here. Thanks for this. We are working on many of these things. I know teachers are overworked and wonder how many kids have plans at his school.

The 50% rule was hiding some of my child’s issues unfortunately. Getting a zero now for an assignment a teacher won’t let him turn in late (even though in the plan) completely tanks his grade.

Turn in the assignment any way by attachment to email. This is a completely unacceptable violation of the 504 plan and should be documented. If your student has "extended deadlines" or 50% extra time on assignments" (very common and educational best practice that students receive instruction with same accommodations as testing), he/she should simply complete the assignment and hand it in in class in whatever way the teacher requested for the original assignment (in person, upload, etc.). If the online link for submitting assignments is closed, your student should instead attach the assignment as a pdf and write a short note to the teacher explaining how they tried to turn it in and why they could not. (e.g. submitted this to you in class but you rejected it). The email should also contain a short, polite reminder that extended deadline or extra time is part of the 504 plan and thus the submission should be graded as "timely".

Your student NEVER needs to ask permission for extra time or extended deadline on an assignment if that is an accommodation on the plan. The student should complete the assignment and document turning it in (or attempting to do so). Put the ball in the teacher's court - let her reply by email that she won't accept. Let her tell student in class that she won't accept then document that refusal to the principal and CC.

I have a 3 strike system - first refusal generates a polite email reminder about the 504
obligation. If the teacher doubles down and still refuses (strike 2), that refusal is forwarded to the principal with a request to assist the teacher to comply with 504. If the issue is not rectified within 24 hours, then I forward the teacher/principal email chain to the associate superintendent and ask that he/she provide resources to bring the school into compliance.

I have literally never been turned down after strike 3. If I were to be, I would consider filing a formal state or federal complaint.

Teachers who do this are bullies and will continue to do it until it becomes clear that their failure to comply is costly to them professionally. No one wants to have their mistakes continually forwarded to their boss or their boss's boss.

That said, I know teachers are human, and all humans make mistakes. That is why I always start with a polite reminder and second chance for the teacher.

The cycle of having a 504 plan that is then ignored by the school is a very costly one for students - it can create a deep sense of despair, hopelessness, disempowerment, demotivation, anxiety and disconnection from school. I have seen students become depressed, which subsequently needs to be addressed by anti-depressant medication and therapy. I have seen students stop attending class and doing homework. The bad grades, obviously have a terrible impact on grades, which in turn can threaten HS graduation, admissions to college, the quality of college acceptance, and/or the ability to get financial or merit aid for college. Any one of these have lifelong employment and financial impacts.

You have the power, via the 504 plan to stop it. And don't believe "504 plans are unenforceable". 504 is federal law and can be enforced in many ways - state and federal complaints or private suit. (Last year's Perez case broadens the ability to sue for monetary damages under 504 and the ADA.)

Extended time does not equal turn it in anytime you want. 🙄

Thank you for that red herring PP. No one said extended time equals "turn it in whenever you want".

Extended time in a 504 plan usually comes with a specific amount of time - +50% is common - on tests & assignments. It is a basic principle of disability accommodation that if a student requires 50% extra time on an exam, they should have a matching amount of extra time for assignments because if a SN students particular neurological profile means they have extra processing time, then they don't just need it on the test, they need it on other graded assignments and instruction.

So, I am not saying "turn it in any time" ..... I am saying if your plan says X% extra time, turn it in w/in that 50% range.

If you are at the IEP table, do not accept a plan that says "extra time" without specific amount of time. Also, do not accept that the plan says "extra time" or "extended deadlines" "as negotiated with the teacher". That takes an essential legal issue - determining the scope of accommodation - out of the 504 meeting and away from the people who are best qualified to make that determination and incorrectly places the accommodation determination in the hands of each teacher. Teachers do not have the expertise to make that determination. Teachers are conflicted parties in that determination. There is a power differential between student/teacher that makes it very difficult to negotiate accommodation. Instead of being one global decision and application that is public (within admin, staff and family) and can be monitored and tracked for compliance and effectiveness, the accommodation becomes hidden.

Non-cooperating teachers know all of this. They believe that when they tell your kid "No, I won't accept your assignment," the student will just stop bothering them. Your job as a parent is to encourage your child to finish the assignment and turn it on "on (their extended) time". Your kid has every right to complete homework in a manner consistent with their disability and to benefit from grades and feedback without penalization.

If you don't have extended time or were turned down for it.... do it and turn it in any way. Let the teacher do whatever.... I don't care if she is saying I don't accept. Turn it in by email 2-3 times and ask for a 504 meeting. You now have "documentation" of the need for extra time meed. Point out that your kid is turning in the work but not getting grades or feedback and thus is not able "to access or benefit from" key parts of the educational system. Ask for extended time again.

Thanks for making teachers the enemy. No wonder you have to resort to this. No one wants to work with you. I have never had a problem with teachers enforcing my child’s 504. But I treat his teachers with respect and do not come at them in a threatening way. Be part of the solution.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP if it’s any consolation, my 10th ADHD grader has had a 504 since first grade and none of his HS teachers actually follow anything listed. Every time this comes up he is blamed for not asking for his accommodations.

This is not legal. You and your son asked for 504 accommodations at the 504 table. He does not also have to ask for them in front of his classmates in the classroom each time he wants to use them.

Most students need help from parents to learn how to politely remind teachers about their accommodations. There is a power dynamic in the classroom that makes it difficult and scary to do this, but 504 plans are a legal obligation the school must meet. The teacher must comply with the plan.

Please support your DC by helping him draft an email to his teacher stating that he wants to regularly receive his accommodation. For example, if he has testing accommodations, he should email that he has a 504 plan with extra time (plus whatever other accoms - small group, use of computer or calculator, test on paper, etc.) and offer a time when he can finish the extra time on the test - at lunch, after school, before school, during the next class or another class, etc.

Your DC should CC you on the email.

If the teacher declines to provide the accommodation, you can help by forwarding the refusal to comply with the 504 plan to the principal, ccing the teacher and your DC, and writing short, polite note informing him/her that the school is "out of compliance" with the 504 and asking that the principal provide the teacher with the necessary professional support to "bring the school back into compliance so that I do not have to resort to due process options."

Section 504, together with IDEA and the ADA protect kid's civil right to access and benefit from an important public good - free public education. Students are our nation's most important human capital investment - an investment made in order to create people who can make their greatest and best contribution to our future society. We all loose out when that doesn't happen. Please help your child see that he is worth demanding his civil rights so that he can develop his future. Helping him learn to self-advocate in this way is important for college and the workplace, where he will also have rights to class & campus accommodation and will develop those with the college disability office.

PP here. Thanks for this. We are working on many of these things. I know teachers are overworked and wonder how many kids have plans at his school.

The 50% rule was hiding some of my child’s issues unfortunately. Getting a zero now for an assignment a teacher won’t let him turn in late (even though in the plan) completely tanks his grade.

Turn in the assignment any way by attachment to email. This is a completely unacceptable violation of the 504 plan and should be documented. If your student has "extended deadlines" or 50% extra time on assignments" (very common and educational best practice that students receive instruction with same accommodations as testing), he/she should simply complete the assignment and hand it in in class in whatever way the teacher requested for the original assignment (in person, upload, etc.). If the online link for submitting assignments is closed, your student should instead attach the assignment as a pdf and write a short note to the teacher explaining how they tried to turn it in and why they could not. (e.g. submitted this to you in class but you rejected it). The email should also contain a short, polite reminder that extended deadline or extra time is part of the 504 plan and thus the submission should be graded as "timely".

Your student NEVER needs to ask permission for extra time or extended deadline on an assignment if that is an accommodation on the plan. The student should complete the assignment and document turning it in (or attempting to do so). Put the ball in the teacher's court - let her reply by email that she won't accept. Let her tell student in class that she won't accept then document that refusal to the principal and CC.

I have a 3 strike system - first refusal generates a polite email reminder about the 504
obligation. If the teacher doubles down and still refuses (strike 2), that refusal is forwarded to the principal with a request to assist the teacher to comply with 504. If the issue is not rectified within 24 hours, then I forward the teacher/principal email chain to the associate superintendent and ask that he/she provide resources to bring the school into compliance.

I have literally never been turned down after strike 3. If I were to be, I would consider filing a formal state or federal complaint.

Teachers who do this are bullies and will continue to do it until it becomes clear that their failure to comply is costly to them professionally. No one wants to have their mistakes continually forwarded to their boss or their boss's boss.

That said, I know teachers are human, and all humans make mistakes. That is why I always start with a polite reminder and second chance for the teacher.

The cycle of having a 504 plan that is then ignored by the school is a very costly one for students - it can create a deep sense of despair, hopelessness, disempowerment, demotivation, anxiety and disconnection from school. I have seen students become depressed, which subsequently needs to be addressed by anti-depressant medication and therapy. I have seen students stop attending class and doing homework. The bad grades, obviously have a terrible impact on grades, which in turn can threaten HS graduation, admissions to college, the quality of college acceptance, and/or the ability to get financial or merit aid for college. Any one of these have lifelong employment and financial impacts.

You have the power, via the 504 plan to stop it. And don't believe "504 plans are unenforceable". 504 is federal law and can be enforced in many ways - state and federal complaints or private suit. (Last year's Perez case broadens the ability to sue for monetary damages under 504 and the ADA.)

Not the OP, but I really like you.

OP here. Agreed! Very insightful and helpful responses. Thank you, PP. If you don’t mind me asking, are you a parent who have been there? Or attorney/educational consultant?

I am a parent who has "been there" for 15 years and multiple children. I have some legal training but I am not an attorney nor educational consultant.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP if it’s any consolation, my 10th ADHD grader has had a 504 since first grade and none of his HS teachers actually follow anything listed. Every time this comes up he is blamed for not asking for his accommodations.

This is not legal. You and your son asked for 504 accommodations at the 504 table. He does not also have to ask for them in front of his classmates in the classroom each time he wants to use them.

Most students need help from parents to learn how to politely remind teachers about their accommodations. There is a power dynamic in the classroom that makes it difficult and scary to do this, but 504 plans are a legal obligation the school must meet. The teacher must comply with the plan.

Please support your DC by helping him draft an email to his teacher stating that he wants to regularly receive his accommodation. For example, if he has testing accommodations, he should email that he has a 504 plan with extra time (plus whatever other accoms - small group, use of computer or calculator, test on paper, etc.) and offer a time when he can finish the extra time on the test - at lunch, after school, before school, during the next class or another class, etc.

Your DC should CC you on the email.

If the teacher declines to provide the accommodation, you can help by forwarding the refusal to comply with the 504 plan to the principal, ccing the teacher and your DC, and writing short, polite note informing him/her that the school is "out of compliance" with the 504 and asking that the principal provide the teacher with the necessary professional support to "bring the school back into compliance so that I do not have to resort to due process options."

Section 504, together with IDEA and the ADA protect kid's civil right to access and benefit from an important public good - free public education. Students are our nation's most important human capital investment - an investment made in order to create people who can make their greatest and best contribution to our future society. We all loose out when that doesn't happen. Please help your child see that he is worth demanding his civil rights so that he can develop his future. Helping him learn to self-advocate in this way is important for college and the workplace, where he will also have rights to class & campus accommodation and will develop those with the college disability office.

PP here. Thanks for this. We are working on many of these things. I know teachers are overworked and wonder how many kids have plans at his school.

The 50% rule was hiding some of my child’s issues unfortunately. Getting a zero now for an assignment a teacher won’t let him turn in late (even though in the plan) completely tanks his grade.

Turn in the assignment any way by attachment to email. This is a completely unacceptable violation of the 504 plan and should be documented. If your student has "extended deadlines" or 50% extra time on assignments" (very common and educational best practice that students receive instruction with same accommodations as testing), he/she should simply complete the assignment and hand it in in class in whatever way the teacher requested for the original assignment (in person, upload, etc.). If the online link for submitting assignments is closed, your student should instead attach the assignment as a pdf and write a short note to the teacher explaining how they tried to turn it in and why they could not. (e.g. submitted this to you in class but you rejected it). The email should also contain a short, polite reminder that extended deadline or extra time is part of the 504 plan and thus the submission should be graded as "timely".

Your student NEVER needs to ask permission for extra time or extended deadline on an assignment if that is an accommodation on the plan. The student should complete the assignment and document turning it in (or attempting to do so). Put the ball in the teacher's court - let her reply by email that she won't accept. Let her tell student in class that she won't accept then document that refusal to the principal and CC.

I have a 3 strike system - first refusal generates a polite email reminder about the 504
obligation. If the teacher doubles down and still refuses (strike 2), that refusal is forwarded to the principal with a request to assist the teacher to comply with 504. If the issue is not rectified within 24 hours, then I forward the teacher/principal email chain to the associate superintendent and ask that he/she provide resources to bring the school into compliance.

I have literally never been turned down after strike 3. If I were to be, I would consider filing a formal state or federal complaint.

Teachers who do this are bullies and will continue to do it until it becomes clear that their failure to comply is costly to them professionally. No one wants to have their mistakes continually forwarded to their boss or their boss's boss.

That said, I know teachers are human, and all humans make mistakes. That is why I always start with a polite reminder and second chance for the teacher.

The cycle of having a 504 plan that is then ignored by the school is a very costly one for students - it can create a deep sense of despair, hopelessness, disempowerment, demotivation, anxiety and disconnection from school. I have seen students become depressed, which subsequently needs to be addressed by anti-depressant medication and therapy. I have seen students stop attending class and doing homework. The bad grades, obviously have a terrible impact on grades, which in turn can threaten HS graduation, admissions to college, the quality of college acceptance, and/or the ability to get financial or merit aid for college. Any one of these have lifelong employment and financial impacts.

You have the power, via the 504 plan to stop it. And don't believe "504 plans are unenforceable". 504 is federal law and can be enforced in many ways - state and federal complaints or private suit. (Last year's Perez case broadens the ability to sue for monetary damages under 504 and the ADA.)

Extended time does not equal turn it in anytime you want. 🙄

Thank you for that red herring PP. No one said extended time equals "turn it in whenever you want".

Extended time in a 504 plan usually comes with a specific amount of time - +50% is common - on tests & assignments. It is a basic principle of disability accommodation that if a student requires 50% extra time on an exam, they should have a matching amount of extra time for assignments because if a SN students particular neurological profile means they have extra processing time, then they don't just need it on the test, they need it on other graded assignments and instruction.

So, I am not saying "turn it in any time" ..... I am saying if your plan says X% extra time, turn it in w/in that 50% range.

If you are at the IEP table, do not accept a plan that says "extra time" without specific amount of time. Also, do not accept that the plan says "extra time" or "extended deadlines" "as negotiated with the teacher". That takes an essential legal issue - determining the scope of accommodation - out of the 504 meeting and away from the people who are best qualified to make that determination and incorrectly places the accommodation determination in the hands of each teacher. Teachers do not have the expertise to make that determination. Teachers are conflicted parties in that determination. There is a power differential between student/teacher that makes it very difficult to negotiate accommodation. Instead of being one global decision and application that is public (within admin, staff and family) and can be monitored and tracked for compliance and effectiveness, the accommodation becomes hidden.

Non-cooperating teachers know all of this. They believe that when they tell your kid "No, I won't accept your assignment," the student will just stop bothering them. Your job as a parent is to encourage your child to finish the assignment and turn it on "on (their extended) time". Your kid has every right to complete homework in a manner consistent with their disability and to benefit from grades and feedback without penalization.

If you don't have extended time or were turned down for it.... do it and turn it in any way. Let the teacher do whatever.... I don't care if she is saying I don't accept. Turn it in by email 2-3 times and ask for a 504 meeting. You now have "documentation" of the need for extra time meed. Point out that your kid is turning in the work but not getting grades or feedback and thus is not able "to access or benefit from" key parts of the educational system. Ask for extended time again.

Thanks for making teachers the enemy. No wonder you have to resort to this. No one wants to work with you. I have never had a problem with teachers enforcing my child’s 504. But I treat his teachers with respect and do not come at them in a threatening way. Be part of the solution.

Again, red herring, PP.

Your argument is a bit, "not all teachers". I am glad you have never had a problem with your child's teachers complying with the 504 plan, but many of us have.

So, it's a bit rich for you (who has never had this problem) to advise us that is essentially "ask for your rights more nicely and you would have gotten them."

I am part of the solution - I am telling parents to use the process created to address these needs. Non-cooperating teachers and admin are the problem. They are refusing to comply with the law, and as a result, they create more work and problems for themselves.

Notice I said "non-cooperating teachers". Many teachers are good and want to appropriately educate kids with disabilities. But, some are not, and I have seen up close and personal how that damages children and families.

[Anonymous]

Anonymous wrote:Section 504 is an evidence based process for children with disabilities that substantially limit their access to their school life or curriculum. If the school has no evidence that her access is limited by her ADHD, then they might find her eligible, but say she doesn’t need a plan. Schools are getting hip to the scam of wealthy parents buying their kids extra time on AP tests and the SAT by buying a diagnosis of ADHD or anxiety.

Imagine being this dense

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP if it’s any consolation, my 10th ADHD grader has had a 504 since first grade and none of his HS teachers actually follow anything listed. Every time this comes up he is blamed for not asking for his accommodations.

This is not legal. You and your son asked for 504 accommodations at the 504 table. He does not also have to ask for them in front of his classmates in the classroom each time he wants to use them.

Most students need help from parents to learn how to politely remind teachers about their accommodations. There is a power dynamic in the classroom that makes it difficult and scary to do this, but 504 plans are a legal obligation the school must meet. The teacher must comply with the plan.

Please support your DC by helping him draft an email to his teacher stating that he wants to regularly receive his accommodation. For example, if he has testing accommodations, he should email that he has a 504 plan with extra time (plus whatever other accoms - small group, use of computer or calculator, test on paper, etc.) and offer a time when he can finish the extra time on the test - at lunch, after school, before school, during the next class or another class, etc.

Your DC should CC you on the email.

If the teacher declines to provide the accommodation, you can help by forwarding the refusal to comply with the 504 plan to the principal, ccing the teacher and your DC, and writing short, polite note informing him/her that the school is "out of compliance" with the 504 and asking that the principal provide the teacher with the necessary professional support to "bring the school back into compliance so that I do not have to resort to due process options."

Section 504, together with IDEA and the ADA protect kid's civil right to access and benefit from an important public good - free public education. Students are our nation's most important human capital investment - an investment made in order to create people who can make their greatest and best contribution to our future society. We all loose out when that doesn't happen. Please help your child see that he is worth demanding his civil rights so that he can develop his future. Helping him learn to self-advocate in this way is important for college and the workplace, where he will also have rights to class & campus accommodation and will develop those with the college disability office.

PP here. Thanks for this. We are working on many of these things. I know teachers are overworked and wonder how many kids have plans at his school.

The 50% rule was hiding some of my child’s issues unfortunately. Getting a zero now for an assignment a teacher won’t let him turn in late (even though in the plan) completely tanks his grade.

Turn in the assignment any way by attachment to email. This is a completely unacceptable violation of the 504 plan and should be documented. If your student has "extended deadlines" or 50% extra time on assignments" (very common and educational best practice that students receive instruction with same accommodations as testing), he/she should simply complete the assignment and hand it in in class in whatever way the teacher requested for the original assignment (in person, upload, etc.). If the online link for submitting assignments is closed, your student should instead attach the assignment as a pdf and write a short note to the teacher explaining how they tried to turn it in and why they could not. (e.g. submitted this to you in class but you rejected it). The email should also contain a short, polite reminder that extended deadline or extra time is part of the 504 plan and thus the submission should be graded as "timely".

Your student NEVER needs to ask permission for extra time or extended deadline on an assignment if that is an accommodation on the plan. The student should complete the assignment and document turning it in (or attempting to do so). Put the ball in the teacher's court - let her reply by email that she won't accept. Let her tell student in class that she won't accept then document that refusal to the principal and CC.

I have a 3 strike system - first refusal generates a polite email reminder about the 504
obligation. If the teacher doubles down and still refuses (strike 2), that refusal is forwarded to the principal with a request to assist the teacher to comply with 504. If the issue is not rectified within 24 hours, then I forward the teacher/principal email chain to the associate superintendent and ask that he/she provide resources to bring the school into compliance.

I have literally never been turned down after strike 3. If I were to be, I would consider filing a formal state or federal complaint.

Teachers who do this are bullies and will continue to do it until it becomes clear that their failure to comply is costly to them professionally. No one wants to have their mistakes continually forwarded to their boss or their boss's boss.

That said, I know teachers are human, and all humans make mistakes. That is why I always start with a polite reminder and second chance for the teacher.

The cycle of having a 504 plan that is then ignored by the school is a very costly one for students - it can create a deep sense of despair, hopelessness, disempowerment, demotivation, anxiety and disconnection from school. I have seen students become depressed, which subsequently needs to be addressed by anti-depressant medication and therapy. I have seen students stop attending class and doing homework. The bad grades, obviously have a terrible impact on grades, which in turn can threaten HS graduation, admissions to college, the quality of college acceptance, and/or the ability to get financial or merit aid for college. Any one of these have lifelong employment and financial impacts.

You have the power, via the 504 plan to stop it. And don't believe "504 plans are unenforceable". 504 is federal law and can be enforced in many ways - state and federal complaints or private suit. (Last year's Perez case broadens the ability to sue for monetary damages under 504 and the ADA.)

Extended time does not equal turn it in anytime you want. 🙄

Thank you for that red herring PP. No one said extended time equals "turn it in whenever you want".

Extended time in a 504 plan usually comes with a specific amount of time - +50% is common - on tests & assignments. It is a basic principle of disability accommodation that if a student requires 50% extra time on an exam, they should have a matching amount of extra time for assignments because if a SN students particular neurological profile means they have extra processing time, then they don't just need it on the test, they need it on other graded assignments and instruction.

So, I am not saying "turn it in any time" ..... I am saying if your plan says X% extra time, turn it in w/in that 50% range.

If you are at the IEP table, do not accept a plan that says "extra time" without specific amount of time. Also, do not accept that the plan says "extra time" or "extended deadlines" "as negotiated with the teacher". That takes an essential legal issue - determining the scope of accommodation - out of the 504 meeting and away from the people who are best qualified to make that determination and incorrectly places the accommodation determination in the hands of each teacher. Teachers do not have the expertise to make that determination. Teachers are conflicted parties in that determination. There is a power differential between student/teacher that makes it very difficult to negotiate accommodation. Instead of being one global decision and application that is public (within admin, staff and family) and can be monitored and tracked for compliance and effectiveness, the accommodation becomes hidden.

Non-cooperating teachers know all of this. They believe that when they tell your kid "No, I won't accept your assignment," the student will just stop bothering them. Your job as a parent is to encourage your child to finish the assignment and turn it on "on (their extended) time". Your kid has every right to complete homework in a manner consistent with their disability and to benefit from grades and feedback without penalization.

If you don't have extended time or were turned down for it.... do it and turn it in any way. Let the teacher do whatever.... I don't care if she is saying I don't accept. Turn it in by email 2-3 times and ask for a 504 meeting. You now have "documentation" of the need for extra time meed. Point out that your kid is turning in the work but not getting grades or feedback and thus is not able "to access or benefit from" key parts of the educational system. Ask for extended time again.

Thanks for making teachers the enemy. No wonder you have to resort to this. No one wants to work with you. I have never had a problem with teachers enforcing my child’s 504. But I treat his teachers with respect and do not come at them in a threatening way. Be part of the solution.

Again, red herring, PP.

Your argument is a bit, "not all teachers". I am glad you have never had a problem with your child's teachers complying with the 504 plan, but many of us have.

So, it's a bit rich for you (who has never had this problem) to advise us that is essentially "ask for your rights more nicely and you would have gotten them."

I am part of the solution - I am telling parents to use the process created to address these needs. Non-cooperating teachers and admin are the problem. They are refusing to comply with the law, and as a result, they create more work and problems for themselves.

Notice I said "non-cooperating teachers". Many teachers are good and want to appropriately educate kids with disabilities. But, some are not, and I have seen up close and personal how that damages children and families.

Dp. Yes it's funny how they gas light us with the same angle. *it's your fault I'm abusive* where have we heard that one before?

[Anonymous]

Anonymous wrote:

Anonymous wrote:Section 504 is an evidence based process for children with disabilities that substantially limit their access to their school life or curriculum. If the school has no evidence that her access is limited by her ADHD, then they might find her eligible, but say she doesn’t need a plan. Schools are getting hip to the scam of wealthy parents buying their kids extra time on AP tests and the SAT by buying a diagnosis of ADHD or anxiety.

Imagine being this dense

Sounded right on the money to me. What did you miss?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Section 504 is an evidence based process for children with disabilities that substantially limit their access to their school life or curriculum. If the school has no evidence that her access is limited by her ADHD, then they might find her eligible, but say she doesn’t need a plan. Schools are getting hip to the scam of wealthy parents buying their kids extra time on AP tests and the SAT by buying a diagnosis of ADHD or anxiety.

Imagine being this dense

Sounded right on the money to me. What did you miss?

Its very difficult to get a diagnosis of autism or adhd. To say it is easy to just go buy a diagnosis is dense.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Section 504 is an evidence based process for children with disabilities that substantially limit their access to their school life or curriculum. If the school has no evidence that her access is limited by her ADHD, then they might find her eligible, but say she doesn’t need a plan. Schools are getting hip to the scam of wealthy parents buying their kids extra time on AP tests and the SAT by buying a diagnosis of ADHD or anxiety.

Imagine being this dense

Sounded right on the money to me. What did you miss?

Its very difficult to get a diagnosis of autism or adhd. To say it is easy to just go buy a diagnosis is dense.

Ah. I see what you missed. You read “autism” where the poster wrote “anxiety”.

[Anonymous]

Anonymous wrote:Section 504 is an evidence based process for children with disabilities that substantially limit their access to their school life or curriculum. If the school has no evidence that her access is limited by her ADHD, then they might find her eligible, but say she doesn’t need a plan. Schools are getting hip to the scam of wealthy parents buying their kids extra time on AP tests and the SAT by buying a diagnosis of ADHD or anxiety.

PP, you are very wrong on the 504 eligibility standard. It is not "substantially limit their access to their school life or curriculum". The standard is, "whether the impairment substantially limits a major life activity" which is defined as, "substantially limited in the ability to perform a major life activity as compared to most people in the general population" (Although it is generally acknowledged that disabled students in advanced classes should be compared to peers in advanced classes.)

More details from MCPS Regulation ACG-RB (https://ww2.montgomeryschoolsmd.org/departments/policy/pdf/acgrb.pdf)

C. Eligibility
1. Written consent must be obtained from parents or adult students before the Section 504 school-based team may convene to conduct an evaluation.
2. In determining whether a student with a disability is eligible under Section 504, the school-based team reviews various sources of available information, including, but not limited to the following:
a) Aptitude and achievement tests
b) Report cards and teacher reports
c) Oral or written observations
d) Student attendance, educational, and health records
e) Evaluations of daily life skills
f) Medical,psychological,anddevelopmentalreports
g) Results of the Individualized Education Program team decision, if appropriate
h) Information from parents
The collection and review of information should not delay or limit the scope of coverage under Section 504.
3. If the Section 504 school-based team decides that further MCPS assessment is needed, the team notifies the parent or adult student and seeks prior consent for any testing; assures that all assessments conform to Section 504, MCPS, and test publisher standards relating to test selection, validation and administration; and reviews the results of the assessments.

4.The Section 504 school-based team determines whether the student with a disability is eligible by ascertaining—
a) whether the student has a physical or mental impairment and, if so,
b) whether the impairment substantially limits a major life activity.
5. A student with an impairment that is episodic or in remission is eligible if that impairment would substantially limit a major life activity when active.
6. The ameliorative affects of mitigating measures must not be considered when determining whether an impairment substantially limits a major life activity.

D. Major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. A major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability.

J. Substantially limits means—
1. substantially limited in the ability to perform a major life activity as
compared to most people in the general population;
2. an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active; or
3. the determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures.
It may be useful in appropriate cases to consider, as compared to most people in the general population—
a) the condition under which the individual performs the major life activity;
b) the manner in which the individual performs the major life activity; and/or
c) the duration of time it takes the individual to perform the major life activity, or for which the individual can perform the major life activity.

MCPS guidance says, that students who have a qualifying disorder and who are substantially limited should receive a 504 plan even if they don't need accommodation: "Not every student who qualifies as having a physical or mental impairment under Section 504 will require accommodations to receive a free and appropriate public education (FAPE). However, even if accommodations are not required, the student will be eligible for the nondiscrimination protections under Section 504 and the team should complete the Section 504 eligibility form in the online Section 504 platform accordingly, indicating the rationale for the team decision and data supporting such decision.
https://www.montgomeryschoolsmd.org/siteassets/district/departments/special-education/compliance/0207.18_section504_handbook.pdf

[Anonymous]

Anonymous wrote:OP here. I was traveling last week and hence, the delayed response. Thank you all for very useful comments. I reached to school requesting a 504. They responded that we should provide additional data. If no, additional data they warned that the outcome may be the same. I responded that I would like school to share with me notes from their investigation last year. I remember that they mentioned that they spoke with teachers. Those notes have never been shared with us. We are planning to share the neurophyc report from 5th grade, DD’s prior accommodations at her private school (she moved to MCPS at 7th grade. But because of the pandemic, she did not need a 504 in 7-8th grade) and her texts to me asking for help when she studied really hard but was not able to finish half of the tests on time in numerous instances. I also told DD that if school wants to speak with her, she should decline politely and request that she can talk when one of her parents is present. Last year, the counselor spoke with her, and partly based on that conversation, they decided she was not eligible for a 504 plan.

What else can I do until I gather the data? Thank you

OP, you should write a letter to the school stating,

"I am writing to a request screenshots or paper copies of all information in the online Section 504 platform and pertinent MCPS forms, produced before, during or after my DD's prior 504 Eligibility Determination Meeting on XXX date and the 504 Eligibility Determination meeting I requested on XX date. Records I am requesting include but are not limited to the following:

The Section 504 Evaluation, Section 504 Plan, the Causation Meeting, and all invitation letters from Section 504 are that may have been completed using the online Section 504 platform.
MCPS Form 270-2A, Authorization for School Psychologists Section 504 Attentional Disorders Assessment MCPS Form 270-2C, Section 504 Progress and Accommodation Review Worksheet (Confidential)
MCPS Form 270-2D, Distribution of Section 504 Plan (Confidential)
MCPS Form 272-9, Teacher Referral
MCPS Form 272-7, Elementary Teacher Report
MCPS Form 272-8, Secondary Teacher Report
MCPS Form 336-31, Authorization for Assessment (Confidential)
MCPS Form 336-32, Authorization for Release/Exchange of Confidential Information MCPS Form 336-68, Team Consideration of External Report
MAP testing results
any state mandated testing

Any documents the school is mandated to collect for the meeting under MCPS Regulation ACG-RB:
a) Aptitude and achievement tests
b) Report cards and teacher reports
c) Oral or written observations
d) Student attendance, educational, and health records
e) Evaluations of daily life skills
f) Medical,psychological,anddevelopmentalreports
g) Results of the Individualized Education Program team decision, if appropriate
h) Information from parents

I am requesting these documents because they are "educational records" within the scope of FERPA, which obligates schools to provide access to parents. I would like these documents at least one week before our the second 504 Eligibility Determination Meeting I have requested, so that I can properly prepare for the meeting and be an informed and equal 504 team member.

Furthermore, on XXX date when I requested a new meeting, XXX warned me that I, "should provide additional data. If no, additional data XXX warned that the outcome may be the same" (i.e. a finding of ineligibility at the meeting on XXX date). I would like to take this opportunity to remind you that MCPS Regulation places an affirmative "Child Find" duty on XXX school and MCPS. MCPS Regulation ACG-RB directs the team collect the above information
states, "If the Section 504 school-based team decides that further MCPS assessment is needed, the team notifies the parent or adult student and seeks prior consent for any testing; assures that all assessments conform to Section 504, MCPS, and test publisher standards relating to test selection, validation and administration; and reviews the results of the assessments."

Finally, I would like to inform you that XXX will also attend DD's meeting, and we will be recording the meeting.

I look forward to working with you collaboratively so that I do not have to resort to my due process options."


OP, in addition to asking for the above, you should look very closely at your child's grade book -- both what is available to you as a parent and what she can see when signed in under her ID (it is different). Take screenshots of her overall grades in all classes and her individual assignment grades. Screenshot evidence of any late or missing assignments. If she has copies of tests she didn't finish, look at them and quantify the impact (DD was unable to finish the last 2 math questions on her math test during allotted regular time, as a result she could not complete 20% of the test or DD rushed through the test and made careless errors she would not have made if she had an extra time accommodation and as a result she lost points worth 10% of the total grade, artificially depressing her grade one full letter, etc.

Grades are not the only impact, but if you have them highlight them. Provide copies of DDs texts to you. Correlate them with specific results on assignments. Let her describe the way she feels personally about all this (depressed? anxious? worried about her future? ashamed due to negative teacher or peer feedback? demotivated? no time for other aspects of life - family, after school activities? paddling furiously just to stay afloat? exhausted? hopeless?)

You can also create your own documentation -- how long does it take DD to do homework every night? (Start keeping a journal.) Do you employ tutors? Does she go to therapy? Does she use medication? Could she cut back on some of these expensive supports if she had accommodations? Is she staying up so late to complete things that she is not able to get a developmentally appropriate amount of sleep?

You can provide your own parent input and you should do so in writing, even if you are not asked to do so or given a specific form to do so.

Make sure you get copies of MCPS Form 272 (teacher report) appropriate to your situation. Every MCPS 504 meeting coordinator asks all of the student's teachers (not just core classes -- all) to fill that form out before every 504 meeting. IME, the meeting coordinator will often present only positive comments and ratings. Read the teacher forms carefully and be prepared to raise the negative comments if not raised by the IEP team. IME some teachers also do not tell the truth on these forms -- be prepared to say Teacher X says that DD does not have a problem turning in assignments on time, but DD missed 3 assignments in his class.

I think you get the picture. It is very hard for a team to turn you down for a 504 plan if you come prepared with written data and know the process.

If you are turned down again, don't get upset. At the end of the meeting ask that everyone present state whether and why DD is or is not eligible in their view. Yes, it is a "team decision" but you are simply asking what each team member thinks. State briefly that you think she is eligible and why. State that you don't agree with the determination, that you look forward to receiving the Prior Written Notice document recording each area of disagreement and the team's rationale, and that you will be considering your due process options. If asked to sign a document, sign but asterisk your signature and write underneath, "signature represents attendance only not agreement with the determination."

Good luck!