Re: trienniel ... 504 vs IDEA ... a bit of a ramble

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In a message dated 1/12/2006 3:21:52 P.M. Eastern Standard Time,

lisak555@... writes:

Jill, you have mentioned that your son is on a 504 plan. Is this something

I should consider for at this point? Is there a disadvantage to it?

,

Not really. Both have their pros and cons, both have their own set of rules

and slightly different legal vocabulary. Most kids I know of are classified

under IDEA whether or not they have any academic delays. Speech/language issues

and TOD services are easily addressed under IDEA. They could easily be

justified/rationalized under either IDEA or 504. From what I've read, IDEA is

the

most common.

If you are getting what you need under IDEA, then there is no reason to

pursue a change in status. The only reason I can think to make that change is

if

you could justify and receive more appropriate or better services under 504.

If not, I would leave it alone.

Ian was originally classified under IDEA in elementary school, and he was

switched over to 504 in junior high. His services have not changed much. In

fact, things have expanded. IMHO, classification type actually depends on the

way the district is funding its specific services and many of those services

can be provided under either classification.

From what I have learned, services provided under IDEA are based on specific

learning disabilities which are defined in the law. Classification under 504

is based on physical disabilities and the related needs. For instance, a

child in a wheelchair in need of physical therapy would be classified under

504,

not IDEA since the PT service is related to the physical needs.

Our one big difference from IDEA to 504 is that Ian no longer meets with or

is overseen by the Special Ed staff. While under IDEA, there was always a

Spec Ed teacher overseeing the IEP -- and often getting it REALLY wrong when it

came time to write it and set goals. The Spec Ed teachers had no clue how to

address Ian's needs. In 4th and 5th grades, they failed miserably and that is

all documented. The TOD arrived on the scene in 5th grade and viola, the kid

started to succeed. Amazingly, the TOD knew how to educate a deaf child.

(duh!)

According to the paperwork from the change-over meeting, Ian " has no specific

learning disabilities or need of Special Education services. " Meaning the

district's staff Spec Ed teachers. Under the wording of the IDEA law, I think

that Ian's TOD is does fill the " Special Education " category. However, our

district has interpreted those definitions a bit differently from other

districts I've read about on this list. Several of Ian's issues are ones that

easily

fit the definitions of a learning disability within the IDEA.

That said, I think that Ian is classified correctly under 504. We have

documentation that Ian's processing speed and memory issues are linked to

Goldenhar syndrome and are related to minor brain damaged that occurred during

gestation. Since these issues cannot be remediated away, the school has decided

that they are directly related to a physical disability.

As long as they provide appropriate services, he can stay classified under

504. Given the fact that he is now an honors student, I think my job of

justifying and keeping services is actually easier now under 504. There is no

need

to prove/maintain that his issues are learning disabilities and they can't be

made to go away with SpecEd services. No goal can be written or service

provided that will make Ian's processing speed and memory be " normal. " But he

can

develop coping skills.

Since Ian's issues are quite common with D/HOH kids, the TODs are actually

trained to address them. The TOD is also, obviously, trained to understand

language issues, their source, and how to address them. Language is more than

just memorizing vocabulary, which our Spec Ed people did not get. Our TOD has

successfully addressed all these with Ian.

When they proposed the changeover, we had new personnel heading the CSE

(Committee on Special Education) and Ian's service had been running smoothly

for

2 years. Still it made me very nervous. I fought the transfer of

classification because I suspected it was a trick and our district was trying

to

de-classify Ian. I had several meetings with the CSE chair to establish how the

changeover would go, and I used the word lawyer in a sentence several times.

The transfer of classification was a very scary process for me. First, Ian

was formally dropped from IDEA, at which point he wasn't classified at all. As

promised, his services continued uninterrupted. Then he was assigned the 504

classification. Each stage was accompanied by a very official letter from

the CSE. For a week or so, while I waited for that 504 letter to arrive, I was

getting an ulcer. As this process started, I'd contacted the lawyer to be

ready to proceed with a suit against the district if things did not run

smoothly

-- if Ian's services were interrupted/suspended for even a day. The district

knew that would be an immediate consequence if it was a trick, I made that

very clear.

But it wasn't a trick and Ian's services have been consistent and

appropriate under 504. I was justifiably a touch paranoid given our horrid

history with

the district. I've learned that good CSE personnel are not a myth, they do

actually exist. And it's possible to have a good IEP/IAP meeting. So ..

there's our IDEA/504 story.

Like, I said before I began to ramble, I would only pursue a change of

status if 504 classification was more beneficial than IDEA at this point. You

can

make that change at any point, if there's a future need.

Best -- Jill

PS: Just to clarify, I am not actually anti-Spec Ed. I have an obvious bias

against some of our local Spec Ed people and how they dealt with Ian's

needs. They were horrid and actively rude and mean, including yelling at Ian

and

accusing him of " faking it " when he'd say he didn't hear or understand

something. (We had it documented from other kids/parents/teachers!) It was

really

bad. Ours is one of those nightmare stories that are the exception not the

rule.

But Spec Ed professionals do help kids and their services are very valid!.

If a kid needs and responds to the Spec Ed services, then keep I'd fight to

keep them. The services have to be appropriate and our wasn't.