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Montgomery County Public Schools (MCPS)
Reply to "How to make school to provide 504 accommodations "
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[quote=Anonymous][quote=Anonymous]Gosh, OP - so much bad information from PPs above about qualifying for accommodations under a 504 plan. A 504 plan does NOT require an assessment of adverse impact like a 504. All that is required is a qualifying diagnosis and "substantially limits a major life activity" which includes "eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating" and is a non-exhaustive list. The analysis for a 504 plan does not require bad grades. Students in advanced classes with good grades can still be eligible for a 504. In fact, I have kids who were taking APs and had conditions like depression, anxiety and/or ADHD and got 504s. One was practically a straight A student and one was definitely not. Both needed a 504. OP, your IEP team behaved illegally in denying your DC a 504 plan on the basis of "good grades." All this is clearly spelled out in MCPS' own publicly available guidance about 504 plans which you can find here: https://www.montgomeryschoolsmd.org/siteassets/district/departments/special-education/compliance/0207.18_section504_handbook.pdf Please read carefully especially pages 1-5, which specifically address "substantial limitation", ADHD, mitigating measures, and major life activities. The document clearly says that "substantial limitation is to be "broadly interpreted". "Condition, manner and duration" can be considered. Impairment "does not have to prevent or severely restrict" the major life activity. Comparison can be made to non-disabled peers (but for highly able students, the comparison should be made to other peers in advanced classes). The team cannot consider the "ameliorating effects of mitigation" - which means if your DC is taking medication, she must be considered for eligibility & accommodations as if she did not have the ameliorating effects of medication but the non-ameliorating effects can still be considered. (So if you take a medication that helps you focus but also makes you nauseous, the team must not consider the added focus but must consider the nausea.) Interestingly, this document specifically says that in situations where a team finds a student eligible for a 504 but nog in need of accommodation - that student still gets a 504 plan because it provides non-discrimination protections. OP, you may be able to get a 504 plan without the trouble (and cost) of an advocate or attorney - write a letter to your schools section 504 coordinator. Make a new request for a 504. In your letter state that you believe taht your daughter's eligibility consideration was not conducted properly and that the school therefore is out of compliance with section 504 - cite the consideration of grades that excluded her and other aspects of the prior determination that are inconsistent with the MCPS guidelines. Be factual. Request to tape the meeting. Close by saying you look forward to meeting promptly and resolving this collaboratively in order to bring the school "back into compliance" and so that you do not have to invoke my due process options". You and your daughter should be prepared in the meeting to provide evidence of diagnosis from a doctor or psychologist (does not have to be full assessment - and if the school says it does then tell them you understand that they have a legal obligation under "Child Find" to provide a full assessment at no cost and that is what you are requesting if they refuse to accept documentation.) You and your daughter should also be able to describe how the ADHD impacts and why you need ..... extra time, extended deadlines, copy of class notes or whatever. Basically, ADHD students are doing two jobs during a test - trying to constantly maintain their attention and keep redirecting it back to the test while also doing the test. You can also show tests or assignments that have attentional errors, un- or quickly finished questions, late or missed assignments etc. If you are declined again, when asked to sign the 504 paper, sign with an * and state that your signature represents attendance only and that you do not agree with the decision and will consider your "due process" options. [/quote] NP. Just a couple of additions to this helpful PP. If you want accommodations in college, you will need the full Neuropsych, which generally must be completed w/i 3 years of the college process. Also, whatever you do, do it ASAP because the College Board may be difficult. It is late in the school year; if you ask today the 504 plan may not be ready until summer.[/quote]
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