Pulling the 504c card

[rainbabies]

Holy cow, Peggy. 😳 I'm just now reading this. What a clustermunch. I have no advice. Just lots of good luck fighting them, vibes. Big hugs and love.

[JDAZ11]

Sounds like you're doing everything right. Sorry they are being such jerks 😕

[Pollyanna]

Wow, this gets worse and worse. Seems like there needs to be a class action suit filled against the entire damn state.

[diggitydot]

What the fuck?!

[Vanquisher]

Wow. Keep fighting mama bear!!


Heidi

[peggyfromwastate]

We have heard nothing from the school, however DS's counselor has a lot of thoughts about this issue. He said that unfortunately this is a very common problem in Hawaii (and elsewhere, if my research is any indication). He's on a first-name basis with someone from a disabilities civil rights organization here, but we are trying not to go there quite yet.

Right now we are still waiting on the ppl for a response to my request for a 504 meeting. But the more I look into all of this and the more I am reading about Luke's issues, I see that the ADHD is really only the symptom of the broader problem which is Tourette's. Tourette's is considered a "Other Health Impaired" condition which qualifies it for the IDEA protections vs just the 504 protections. (I gather the IDEA is what they are calling IEP now.) So, I think I will discuss it with the counselor this week and see if maybe the best thing to do is to request a IDEA meeting/evaluation with the elementary school. Regardless, if we keep the 504 track only, I will definitely refer to the accommodations he needs as being a function of Tourette's and not ADHD... Because Tourette's is the base root, and ADHD is a symptom so to speak.

The more I look at Luke's current 504, the more I see that it's so lacking in detail and the detail that's included is not being enforced. The teacher basically does none of the accommodations. She is even marking him down for handwriting, which is a big no-no. It's stated on his 504 that his handwriting can't be used against him. His handwriting is not good... In fact, it was much better in 2nd and 3rd grade, before the Tourette's and ADHD ramped up. There are many other areas where the current teachers and admin are failing him. I used to see this as a function of the fact that the teacher is exhausted (18 boys and 14 girls) but now I see it more as a function of the climate in the school system of not honoring 504s. The admin doesn't enforce 504s, they seem hostile towards them, and so the teachers really don't feel a need for all the extra work of following the 504 accommodations.

I have reached out to several different parents and I see that the trend is for the schools to just refuse services, refuse 504s, and if someone has a 504 to just not offer accommodations. The wording in the 504 is so loose that the admin can sort of say they are "offering" accommodations but they aren't "required" to provide accommodations. This is especially true for ADHD. They make the parents feel so small for asking for help, and they allow the kids to get so frustrated and feel like failures. Self esteem issues, bullying, and unreasonable expectations by the teachers is all the norm. Compassion, understanding, and a willingness to fight for the best chance the kid has? Unheard of. So, these parents end up finding alternative schooling. There is a homeschool/charter school option where many of the 504 ADHD kids end up. They have a computer based k12.com program to follow, with some supplemental group learning 1-2 days of the week. It's an attractive option, but one that I would prefer pursuing on my own vs being bullied into by the administration.

Anyway, so basically no progress, but I've done a lot of research in the last week.

I was hopeful when Dh reached the coordinator for 504s in the state, because I thought maybe she could advocate for implementation of the 504, but actually all this person does is to kick it back up to the Superintendent. The coordinator is a secretary I think who just files the 504 paperwork.

So right now I'm between the options of asking for an evaluation for IDEA status, or waiting on the 504 angle, or pursuing filing a grievance with the office of civil rights. Pursuing IDEA status may take a while, though.

If you have any opinions on the drawbacks to the IDEA (IEP) designation vs the 504, I'd love to hear it. (This is a public forum though so you can PM me if you aren't comfortable with it.)

I think I mentioned before that DS is going to have a formal neuropsych eval done- this week is the first part. It's being done by the hospital here, not by the school. I suspect it will show processing delays, at the very least.

So, not much to update. Just sad for the kids here. We are in the best public school on the island, but this state is in many ways 20 years behind the mainland. It's just an odd mix complete adherence to every small aspect of common core with a hostility towards the ADA. I mean, they even balked when I told them that my older (diabetic) son's schedule needed to be changed because they put PE something like 4 hours since his previous meal. It is just common knowledge that diabetics need to have PE either at the start of the day or right after lunch to minimize the chance of having a low BG. They were arguing it with me... And I said, look, either change his schedule or he's going to have to come to the nurse's station before PE, check his sugar, have a snack, and recheck his sugar 15 min later before going to PE. Because that's the doctor's orders... Well, they changed the schedule, but I should've known from that instance that it's not just ignorance about medical conditions that's the issue, it's this concept of accommodating "special" requests... The zero tolerance policy for honoring ANY parental request is alarming, to say the least.

[spotty_dog]

I was looking at special education law for other reasons today. I will try to find the page I was looking at, but IDEA is the law, IEP is the plan for educating the student. I've always heard that IEPs are much more enforceable than 504 plans. Ah, here it is: http://www.understandingspecialeduca...m/IEP-law.html (and situations that fall under Section 504 of the ADA vs. IDEA: http://www.understandingspecialeduca...ction-504.html)

I have heard not great things about k12. I mean, it's a home-based option that gives a lot of families some flexibility, but it's also not really home education OR a caring teacher in a classroom, you know?

Go to the mat and fight for him, and help other kids along the way. Or bring him home and possibly learn more about him, his learning style, and his strengths and weaknesses. There's no wrong angle to take, but you are kicking ass and you've got this!

[spotty_dog]

Oh, and I should mention that I was looking into this stuff today because I was researching stealth dyslexia. Tourette's came up a lot, and a negative attitude about school that crops up around middle school when a child who was compensating for their differences by sheer strength of intellect gets overwhelmed with the need for written output and the onset of puberty hormones...I totally thought of your DS. Here's one resource I found interesting: http://www.slideshare.net/drseide/st...ildren-1565818 by the authors of this book: http://www.amazon.com/Mislabeled-Chi...dp/1401308996/ which references this book: http://www.amazon.com/Individuals-Ed...dp/1878267345/

I have a feeling the neuropsych eval will be eye-opening.

[Deebs]

When we had DS evaluated by neuropsych, she told us to always try for an IEP over 504 because it's stricter and more enforceable, legally. I have no further detail as to why though.


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[Phoebe]

I was informed that a 504 was a civil right and could be enforced into college where as, an IEP places the student into a special education status and the label will follow them. That was considered the downside by our former asshole school guidance counselor. My kids had the 504 because it fit for them. They had a few stipulations which were easily accommodated. The counselor also stressed that most accommodations could be followed by the teacher without an IEP so I went with that. It worked for us. My kids only have ADHD as their diagnosis.

In your case, I would push for a more stringent approach. I would expect the school to drag their feet. Involve the neuropsych on this because they will have experience with the school districts. I just believe the school district (the entire state) can get away with breaking the law like this. They are failing many students.

[peggyfromwastate]

Pulling the 504c card

Spotty dog I'm not a huge fan of the k12 curriculum but I think it allows for a fair amount of self-guided learning (following your interest) after you do the required stuff. The main benefit to this structure is that the students have the day together to do some activities, meet with an adviser, have labs, etc, and since it's a charter school he'd be allowed to participate in band. Believe it or not, hawaii doesn't allow homeschoolers to participate in extracurriculars at the home school. The charter school-- yes. But straight independent homeschool- no.

My mind was exploding with all the IDEA and FAPE and IEP etc. Thanks for clearing it up!!

And yes, phoebe, given my ds's learning issues a 405 fits much better. He doesn't need any special therapies or anything that an IEP is supposed to help with. He just needs some simple accommodations. And tbh the school system here is known for not following IEPs also.

So messed up!!!

[spotty_dog]

Spotty dog I'm not a huge fan of the k12 curriculum but I think it allows for a fair amount of self-guided learning (following your interest) after you do the required stuff. The main benefit to this structure is that the students have the day together to do some activities, meet with an adviser, have labs, etc, and since it's a charter school he'd be allowed to participate in band. Believe it or not, hawaii doesn't allow homeschoolers to participate in extracurriculars at the home school. The charter school-- yes. But straight independent homeschool- no.

Oh cool, when people have talked about k12 in other states they've referred to strictly online access, super regimented about how much has to get done and when. That charter sounds like much more of a hybrid, like the "homeschool partnership program" we have here. Nice to have that for a backup, though it sucks that it might be necessary!

[peggyfromwastate]

Yeah the k12 here is very much an at your own pace program. I can see him plowing through work and having lots of time to feed his stingray obsession.

The principal called me back but I was out. She called me 15 min AFTER someone from the mediation office called me. So, I think the mediation people probably called to ask the school what is going on (they said they were going to reach out to the ppl today) and so then the ppl called me right back. I returned the ppl phone message first, but she has not called back (phone tag). So, maybe I'll call the mediation people.

There are games afoot...

[peggyfromwastate]

Well the principal emailed me bc we were playing phone tag. She said if I want a 504 meeting that I should contact the elementary school (I predicted this). She did say that we could set up a meeting for a track assignment appeal which is interesting. Especially since last week she was adamant that the only way to change tracks was by following the random lottery process.

I'm going to agree to the meeting and call the mediators office tomorrow just to see what was said...

Hoping to have lots of "evidence" by the appeal meeting (which they made up since they have no appeal process for track assignments). I printed up several Tourette's syndrome resources...

On another note, from conversations with Luke and his one friend at school (they had a sleepover this weekend-- this other boy has some type of disorder but he's quite bright and articulate) I have discovered that bullying against kids with disabilities and disorders is the norm at the elem school. Maybe it's because they are in 5th grade, but my other schools would just not accept that at all. This happens right in front of the teachers!!! I'm fired up... And so sad... Poor poor kids. They have so much to deal with without being picked on by the "popular football players" (ds8s words). Why the f*** they have "popular football players" in fifth grade is a mystery to me.

[Pollyanna]

On another note, from conversations with Luke and his one friend at school (they had a sleepover this weekend-- this other boy has some type of disorder but he's quite bright and articulate) I have discovered that bullying against kids with disabilities and disorders is the norm at the elem school. Maybe it's because they are in 5th grade, but my other schools would just not accept that at all. This happens right in front of the teachers!!! I'm fired up... And so sad... Poor poor kids. They have so much to deal with without being picked on by the "popular football players" (ds8s words). Why the f*** they have "popular football players" in fifth grade is a mystery to me.

Oh no, just no. What is going on in those schools that they allow that sort of behavior? I cannot imagine teachers allowing kids to be so cruel. Ugh, I'm so sorry Peggy.

How are your other kiddos adjusting?

You're doing awesome, thanks for keeping us posted.