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

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[quote=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. [/quote]

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