Reply to How to make school to provide 504 accommodations

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[quote=Anonymous][quote=Anonymous]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 [b]we should provide additional data. If no, additional data they warned that the outcome may be the same.[/b] 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

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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!

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