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[quote=Anonymous][quote=Anonymous]I work for MCPS and am very familiar with 504 plans.  Unfortunately, they are not for temporary conditions.  We've had many injuries at my school- concussions, broken bones, etc, and we're at the mercy of teachers accommodating the students because it's the right thing to do.  Thankfully, we've never had an issue.  No advice - just wish you luck!!![/quote]

Yikes!  If your answer is reflective of the view of most MCPS staff, maybe that's why I'm having such problems.  504 plans are absolutely available for concussions.  Schools can even give accommodation for concussions without a 504 plan, but having a 504 puts everything in writing and helps protect the students rights.

See these documents --

http://www.nasponline.org/resources/principals/Concussions_%20April_2011_NASSP.PDF -- from the Natl Assoc of School Psychologists which even mentions a MCPS school! 
 
http://www.cdc.gov/concussion/pdf/TBI_factsheet_TEACHERS-508-a.pdf -- which explicitly states that 504 plans are available for concussion

http://www2.ed.gov/about/offices/list/ocr/504faq.html  -- see points 34 and 35 -- which address temporary or episodic disabilities, both of which can describe the post-concussive syndrome that can follow a concussion.  Typical post-concussive symptoms are difficulties with memory or learning, language difficulties, headaches and/or exhaustion that prevent a child from completing a school day.

In addition, concussions are not necessarily "temporary".  While it is true that some kids can get a concussion and seem fine after a day or two, others can struggle for months or even a year or more with symptoms that either are bad but improving over time, or transitory, or ultimately permanent.  There is no way to predict whether symptoms will be permanent and no need to declare permanent effects in order to qualify under the law.  The law says, "A temporary impairment does not constitute a disability for purposes of Section 504 unless its severity is such that it results in a substantial limitation of one or more major life activities for an extended period of time. The issue of whether a temporary impairment is substantial enough to be a disability must be resolved on a case-by-case basis, taking into consideration both the duration (or expected duration) of the impairment and the extent to which it actually limits a major life activity of the affected individual." (From the department of ed website explaining section 504).

If you and your school have been denying accommodations with or without a 504 plan simply on the basis that a concussion is a diagnosis that is temporary and thus doesn't qualify, you are violating the law.  You must make an individual determination as to whether the symptoms are significant enough to constitute a substantial limitation on one of the major life activities (like learning).

Can I ask why you think 504 plans are not available?  Have you or your school ever received training on concussions and 504 plans?

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