Re: 504 or IEP

[Guest guest]

Mention to the school nurse that a 504 plan isn't being followed and

they look confused.

And THAT is when you call the OCR or go online and file a complaint

against the school. Schools HATE any investigations and all the

subsequent paperwork.

I had called years ago to see if I was correct about something 504

related, and could have filed a complaint but decided not to (near end

of year, other reasons) but it was nice to know that I could (i.e.,

that I was right in how I was looking at the sitaution). And at that

time, the OCR wasn't " behind " and could have looked into it pretty

soon after.

A parent can also first try the school system to complain (or

inquire); then try the state level; and THEN try the OCR/government.

[Guest guest]

,

In 8th grade I wanted tested for ANY LD (learning disability)

due to things going on at the time w/school. (OCD began in 6th

grade) Anyway, at the time I was talking to the system special ed

director's office a lot, and I commented to her how I would think

they would " jump " at the chance for an IEP since that gives the

school funding.

Apparently - and this was 4 yrs ago so memory is fuzzy - the school

system had already done whatever report they do for the gov't (or

state?) and given their " numbers " for IEPs, etc., so putting

or anyone else on an IEP wouldn't give them any extra funding for the

upcoming year. Thought that was interesting. It was funny to me at

the time because I wanted to keep the 504 Plan but the tests I was

asking for seemed to indicate to them I was looking to get an IEP.

And as to communication - some teachers and guidance counselors are

very complimentary that I communicate with them; apparently that

doesn't happen often enough in their opinion (parents taking an

interest).

>

>

[Guest guest]

I think as mentioned earlier, there is such a vast difference

state-to-state with perceptions of 504 classification/IEP that in my area, a

504 plan

is implemented by the nurse, prinicipal, and a few teachers who don't have a

clue what they're attending. Mention of a complaint to Office on Civil

Rights falls on deaf ears... They figure it like this - although you have a

written plan in place, there is no testing or measurement of whether they are

following it or not. Basically your word against theirs - you say they are

not,

they swear they are following it. Now, tell a CST that you are invoking your

right to due process, everyone jumps immediately because they deal with

state guidelines and spec ed laws on a daily basis and there is documentation

to

back up whether or not goals are being met, etc.

Unfortunately, the bottom line is - as the parent you MUST be your child's

advocate and hopefully along the way we teach our children to stand up and

advocate for themselves down the road.

In a message dated 9/2/2006 3:43:31 PM Central Standard Time,

jwestpha@... writes:

Probably true, but mention that you are planning on filing a complaint

with the Office of Civil Rights, and someone will sit up and take

notice...

Jeanne

[Guest guest]

Exactly, the info at this site seems to be written in the context of

providing legal protection for these teachers.

In a message dated 9/2/2006 3:54:51 PM Central Standard Time,

jwestpha@... writes:

FYI: This is the information put out by a teacher's union. They are

going to have a very different interpretation of the law compared to

other sources.

Jeanne

[Guest guest]

Refresh my memory - CST stands for...?

> And yes, our spec ed teachers in elementary have actually been

threatened

> with job loss in the event they refer any more students for CST

testing. Once

> their numbers are in, if they identify a student needing services,

it costs

> them $$ and we all know schools hate to part with that. Once in a

while

> you'll find a district with an excellent CST

[Guest guest]

This was not true at my daughter's school. We really had to fight to get any

plan in place for her and we were being told my daughter could not take a

class open to everyone because of her OCD/ depression issues. We ended up

calling

an advocate and called the ADA and office of civil rights. Each group said

that the school was in violation and we could file due process. I had gone round

and round with the school, but then I mentioned, by name, each person in each

department I had talked to. I then stated that I had been told I could file

for due process and that I was told how to go about the process. Suddenly we got

everything we asked for, as well as calls that the district was suddenly

concerned that we felt she was being discriminated against. Funny, each time I

told them I felt she was being discriminated against was ignored until I had the

backing of the office of civil rights. Kim

In a message dated 9/2/2006 3:58:22 PM Central Standard Time,

Nchaotic@... writes:

Mention of a complaint to Office on Civil

Rights falls on deaf ears... They figure it like this - although you have a

written plan in place, there is no testing or measurement of whether they are

following it or not. Basically your word against theirs - you say they are

not,

they swear they are following it.

[Guest guest]

I'm glad you had success with your daughter's 504 plan, Kim. Like I said,

our district here seems to work a little differently as do others in the area

- people have the same problems and complaints.

For us, my son lost a lot of time with a 504 in place. Once he was

classified and IEP was implemented things moved and got done a lot smooer and

quicker.

I guess it depends on the child and circumstance what works and what

doesn't.

In a message dated 9/2/2006 5:46:11 PM Central Standard Time, mnm

omof1@... writes:

This was not true at my daughter's school.

[Guest guest]

On Sep 2, 2006, at 8:28 AM, kidsnpets wrote:

> The main difference in a 504 or IEP is that they are LEGALLY required

> to follow the IEP, but not the 504.

>

I respectfully disagree. 504 is a federal law, and a school can, in

theory, lose all federal funding if they don't follow a 504.

Realistically, that isn't going to happen. But, if you want to see the

teeth of a 504, make a complaint with OCR.

If your child's IEP is not followed, and you have to go to due process,

the school will be required to change what they do for *your individual

child*

If there is a violation of 504 protections, and OCR is involved, then

the school will have to make *system wide* changes that effect *all*

students.

Jeanne

[Guest guest]

On Sep 2, 2006, at 8:43 AM, Nchaotic@... wrote:

>

> Actually, a 504 plan must also be legally followed, BUT -

> Classification and

> subsequent IEP under IDEA GUARANTEES a student the right to a free,

> appropriate education - a 504 does not offer this guarantee, so from

> a legal

> standpoint, the district has more to lose by not following an IEP. A

> 504 plan is

> tougher to prove it isn't being followed. Mention due process to a

> CST and they

> immediately start doing cartwheels to please you - Mention to the

> school

> nurse that a 504 plan isn't being followed and they look confused.

>

>

>

>

Probably true, but mention that you are planning on filing a complaint

with the Office of Civil Rights, and someone will sit up and take

notice...

Jeanne

[Guest guest]

> Check out this website.

> http://www.chtu.org/504.html

>

>

FYI: This is the information put out by a teacher's union. They are

going to have a very different interpretation of the law compared to

other sources.

Jeanne

[Guest guest]

Hi Rhonda,

I'm really behind on my e-mails, but I wanted to let you know I participated

in a research study group with my daughter.I'll write more later.

Hugs

Judy