DD denied 504 - is this allowed?

DD was diagnosed as ADHD by a ped neuro. He wrote that he is treating her for it, and recommended a 504, to include a distraction free area, redirection during the day, increased parent/teacher communication and a behavior plan. We went to the CSE today, and they said she does not qualify as SE because of at or above grade level in all areas. So I asked about the 504. The woman was very rude and said, "That is NOT this committee!" So I apologized and asked when that takes place, and was then told that she wouldn't get that either because her "ADHD isn't interfering with her learning" and they pointed to where it says that on for form the Dr. filled out.

Well, then why does it say on DD's report card that she can't complete her assignments and other things to that effect? Her teacher was at the meeting and did say that she was concerned that as DD gets older, her test results may become an issue, and not show that she is as bright as she is because she may not be able to finish the tests. Do I have to wait for her to perform poorly? I have a doctor's note.

I don't know where to go from here.

Re: DD denied 504 - is this allowed?

The SD must provide the minimum the student needs inorder to learn and access the curriculum in the school environment. I assume as part of the initial referral to the CSE she was evaluated by a Special Ed teacher for academics and the Psych for the psychoeducation report. They also had access to her report cards. Since all of that info shows that dispite having ADHD she is at or above grade level it shows she is learning. There really is no need for a legal document at this time. The CSE needs proof to justify an IEP or 504 to the board and to NYS. A Dr. Note and diagnosis of ADHD is not enough. They need proof within the school setting. They would never generate a 504 for a behavior plan, refocusing/redirection and preferential seating alone because that happens in every classroom every day. All teachers need to do this with certain students. The psych can develop a behavior plan for the student to be implemented by the teacher.

Message edited 3/8/2013 5:12:01 AM.

Re: DD denied 504 - is this allowed?

I do not know the legality of it but this is exactly what I fear with my son. Yes, he is high functioning. Yes, he tests at above grade level. But he still needs help. However, apparently according to the school district, that is not their problem. As long as he keeps testing above grade level that means he is learning and they feel their job is done.

Yes, unfortunately their mentality is to wait until he is doing poorly rather than try to maintain what seems to be working

Re: DD denied 504 - is this allowed?

your child also has a PDD-NOS diagnosis... so you wont need a 504, you have an IEP.

if your DS was to loose his diagnosis (which has happened but is very rare) you would without a doubt still qualify for a modified IEP.

Posted by Domino

I do not know the legality of it but this is exactly what I fear with my son. Yes, he is high functioning. Yes, he tests at above grade level. But he still needs help. However, apparently according to the school district, that is not their problem. As long as he keeps testing above grade level that means he is learning and they feel their job is done.

Yes, unfortunately their mentality is to wait until he is doing poorly rather than try to maintain what seems to be working

Re: DD denied 504 - is this allowed?

I would advise you to formally request a 504 eligibility meeting at the building level. 504 is separate from CSE, it is an outgrowth of equal access law. Test scores are not the whole story. Teacher report is important too. She may qualify after all.

Re: DD denied 504 - is this allowed?

Re: DD denied 504 - is this allowed?

Re: DD denied 504 - is this allowed?

Thanks. I will request the 504 meeting, but am going to wait just a bit. The teacher has implemented a checklist for her for each day that tells how she did. So far this week, some have been good, some not so good. So this may actually be my ammunition to get the 504. Days like yesterday when it said she did the wrong centers, was distracted in science and running around the room with a flashlight during pack-up time are just what I need to prove my case.

Re: DD denied 504 - is this allowed?

What you are describing is exactly what makes me reluctant to have DS tested. I feel like what's the point of a diagnosis if he isn't going to receive any help. He, like most of your DC, performs at or above grade level. The issue is he needs prodding and redirection to get his work done. That is already being done, and since he is clearly learning, I feel like the district may not even do anything else.

Re: DD denied 504 - is this allowed?

You should request in writing a neuro-psych eval. The neuro-psych will do extensive testing and be able to justify the need for the 504 plan. I think you're in 3V right? They're notoriously difficult. My oldest son has an autism diagnosis and we still fought and had to hire an atty. Now we deal with Smithtown CSD and it's the easiest thing ever even though his academic grades are terrific. Good luck! LMK if you need a neuro-psych recommendation or a sample request letter.

Re: DD denied 504 - is this allowed?

DD denied 504 - is this allowed?

They would not have done the neuro-psych unless it was specifically asked. If you want one, request one in writing and the district will pay for it.

Do you have any idea of what your are looking for your DD? If she is testing well and the diagnosis is not affecting her school day then it is going to be hard to get services. The teacher is going to be key if your DD is going to get services. They have to show a deficit somewhere...not just an "incase". There are many accommodations that can be given depending on the needs of the child....resource room, extended test time, direction clarifications, etc.

What elementary school is your DD in? I would suggest joining the SEPTA as they have parent networking meetings as well as General meetings and there is also a three village special needs mom's group on Facebook.

And edited to add.....don't wait until next year....they are doing the CSE and 504 meetings now for next year. If you wait until September you'll be lucky if everything gets implemented until December.

Message edited 3/22/2013 10:58:33 AM.