Anonymous wrote:For anyone who has a child with a disability in Montgomery County Public Schools who has been denied a 504 Plan because the child has passing grades in on grade level courses listen up:

I just attended a 504 Meeting in MCPS which the school psychologist said this standard has changed. for 504 Plans, school are no longer supposed to look at academic impact. Instead, schools need to consider whether or not the child has equal accessto the curriculum because of his/her disability. If the child needs accommodations to gain equal access, whether that be an on grade level class or an above level class, then a 504 Plan should be written to formalized those needs.

The psychologist told the team that there was new training about this change in MCPS Policy when the Principal kept pointing to my child's A's and B's on his report card.

504 plans aren't just about accessing the curriculum. You can get a 504 plan for an issue that has no impact on a child's learning. For example, children with hemophilia or diabetes generally have 504 plans.

IEPs are different, in that the child has to require specially designed instruction to gain educational benefit. That doesn't mean that they need to be failing, or behind, but there does have to be an educational component to their disability.

Anonymous wrote:Wow -- would love more insight into practical ways that this will affect life. If anyone is willing o give specific examples, I'd love to hear more about this. In some ways, it seems like showing "equal access" is even more loosy-goosy than showing "educational impact."

There are so many examples depending on the diagnosed disability:

Say a child has a disability (ASD, ADHD, SLD) that interferes with the child learning the curriculum or demonstrating his mastery of the curriculum. Examples: he has difficulty writing down class notes, loses homework and materials for class, or continuously does not finish assessments. He may be able to pass but has gaps in information that is relevant to course. If there is a diagnosis for these difficulties and there are accommodations that will support his needs, then those needs should be supported no matter if he is in an on grade level class or an above level class.

Old MCPS Response: Passing Report Card Grades = No screening, no suspected disability, and no accommodations

New MCPS Response (should be): Child may have a disability even though he is an above grade level class based on parent and teacher observations, screen, identify, gather data to see if accommodations help, write 504 or IEP (if special education is warranted).

Not all school administrators have received the word about the need to provide equal access for disabilities, which can include temporary disabilities like concussions.

My child, who has an IEP for an Other Health Impairment, currently is recovering from a concussion. The school has failed to formalize her new needs in the IEP or put the doctors recommended supports into a 504 Plan. She is not getting the recommended support for her increased cognitive difficulties. The non-modified workload and resulting symptoms has caused my child's medical team to reconsider the health impact of sending her to school. As far as the doctor's are concerned, the risk of prolonged injury is too great and they have recommended I pull her from school for the remainder of her recovery.

In MD, the Burden of Proof Law has received a lot of momentum in Annapolis. I was closely following the testimony and debate and it seemed like the opposing concern was that floodgate of law suits were going to spill forth if the law was passed because of pent up parent frustrations over the years. I think MCPS (and hopefully all jurisdictions in MD) are scared that next year the law may actually get out of committee for a floor vote. Perhaps they are scared enough to begin attempting to follow the law.

I wish DC would do this. Too often that the child is not failing completely is an excuse for failure.

Similar language has been used for the past few years at my son's IEP meeting. He has always passed everything, but due to his disability he would not be able to access the curriculum without services and supports. Academic impact standard stopped being used at least three years ago for him. It coincides with him losing speech therapy and having the qualifying diagnosis changed from speech to OHI. So, I don't think this change is completely new.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:This is because 504 plans are through the department of health. IEP plans are through the department of education. A kid with diabetes may need extended time on tests so he can snack/test blood sugar, as an example.

What do you mean 504s "through the department of health"? Do you mean the county health department?

I wonder if the PP means that they are covered by two different statutes. IDEA for IEPs and Section 504 of the Rehabilitation Act for 504's.

Yes, this. The PP was off a bit, but trying.

Anonymous wrote:

Anonymous wrote:This is because 504 plans are through the department of health. IEP plans are through the department of education. A kid with diabetes may need extended time on tests so he can snack/test blood sugar, as an example.

What do you mean 504s "through the department of health"? Do you mean the county health department?

I wonder if the PP means that they are covered by two different statutes. IDEA for IEPs and Section 504 of the Rehabilitation Act for 504's.

Anonymous wrote:This is because 504 plans are through the department of health. IEP plans are through the department of education. A kid with diabetes may need extended time on tests so he can snack/test blood sugar, as an example.

What do you mean 504s "through the department of health"? Do you mean the county health department?

This is because 504 plans are through the department of health. IEP plans are through the department of education. A kid with diabetes may need extended time on tests so he can snack/test blood sugar, as an example.

We were told they'd do something once K-aged DS fell 2 years behind academically! Um. Not exactly the law...but the top down mantra of the school. A wasted year and an attorney later, got some action. This was several years ago.

Wow -- would love more insight into practical ways that this will affect life. If anyone is willing o give specific examples, I'd love to hear more about this. In some ways, it seems like showing "equal access" is even more loosy-goosy than showing "educational impact."

Anonymous wrote:They are changing their "policy" because their policy was against the law.

Yes, here, here!

They are changing their "policy" because their policy was against the law.

For anyone who has a child with a disability in Montgomery County Public Schools who has been denied a 504 Plan because the child has passing grades in on grade level courses listen up:

I just attended a 504 Meeting in MCPS which the school psychologist said this standard has changed. for 504 Plans, school are no longer supposed to look at academic impact. Instead, schools need to consider whether or not the child has equal accessto the curriculum because of his/her disability. If the child needs accommodations to gain equal access, whether that be an on grade level class or an above level class, then a 504 Plan should be written to formalized those needs.

The psychologist told the team that there was new training about this change in MCPS Policy when the Principal kept pointing to my child's A's and B's on his report card.