Need Help with 504 process at school

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RAISINGMI

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Jul 19, 2012
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Hi Everybody:

I posted last spring about several issues my son was having (dx with Crohn's at age 8, he's now 15), and got so many helpful responses. There were several suggestions to put a 504 Plan into place at school to help accommodate his frequent absences, homework, etc.

So ... I called the school counselor last spring, she told me to get doctor's documentation and to call in the fall after school started. So, that's what I did - got the doctor's letter at the last Remicade visit before school, and he supplied a pretty comprehensive 504 plan. Reviewed the plan with my son, picked out the accommodations that applied to him, and took it to school.

I'm now getting nothing but resistance and pushback from the school. Which I figured would happen - I know they don't like to do 504's. The counselor called me last week and told me that she reviewed our plan and that most of it is covered under the health plan we do every year for him, and the school WOULD NOT extend any homework deadlines, period. We argued on the phone for 15 minutes - me, reminding her how many absences he has every year (at least 1 day every week, and by the end of last school year, he was averaging 2+ days every week), and trying to explain the difficulties in keeping up on homework.

She insisted the 504 isn't "meant for this" and I asked her "are you telling me that no 504 plan is ever enacted because of a medical condition?" She quickly responded "no, no, that's not what I'm saying, but most of the things you're requesting are covered by his health plan." We went around in circles, getting nowhere. Finally, she said she would submit the plan to the principal for his review and get back to me, "but he's going to agree that this is a health plan, not a 504, and he WILL NOT give your son more time for homework than other kids."

She called today and said that the principal says we don't need a 504, he's not going to give accommodations for homework, and it will be passed on to the school nurse as a health plan.

My school system doesn't have a parent advocate. I didn't know there was a school social worker, but tracked her down today and left a message that I need her to call me.

I'll take any advice, tips, wisdom, etc. Wondering what others have done and if you encountered difficulties.

Thanks!!
 
First never discuss accomindations over the phone.
Your request must be put in writing that you want it to be determined whether your child is eligible under the ADA SECTION 504.
Attach the doctors letter .

Then request to be present at the 504 eligibility meeting.

504 is legally binding
They have to do what they write down
Ihp is not
The school does not get extra funding for 504 plans so they don't like them.
 
NOOOOOOO, Michigan schools would never act like that!:confused2:
:ybatty:Oh my...don't get me started.

MLP is right in everything (of course).:hug:

I hope it get's sorted soon.

BTW - What aliments has the school done a 504 for???
Is there any other school around you that has done 504 for IBD before?
Maybe find out a list so you have some ground to argue on.

Just a thought.
 
No arguing
If it affects a major life function then he is covered under the Ada .
It a federal law so they don't get to argue .
 
That's true mlp.
They have to do it..

However, if she could bring up example of other schools that do it for IBD maybe they would back off and not make this women push so hard.

Still push hard for you son if they continue to fight you.


It is your legal right to have a 504 plan for your son!
 
I live in CA but my son is on a 504 plan this year (8th grade) which clearly states that he is allowed additional time to complete homework. I also talked to each of his teachers individually so they know who I am and they are very happy to work with me. MLP is right, they do not get to argue with you.

Maybe these folks can help http://www.michiganallianceforfamilies.org/education/section-504/ it looks like some really good info.

I'm so sorry they are doing this to you! But you are in the "right" here and they can not be allowed to bully you.

Check this out too..a list of accomodations http://michigan.gov/documents/Exhibit_B_Accommodations_Table_127886_7.pdf
 
If the school does not cooperate, go to your school district office. They have to accept 504 if enough proof is given. Good luck.
 
Yes go to directors, superintendent. Your son is covered under the american with disabilities act. I work in the special education department at our school districts main offices. Hope this helps

compliance to Section 504, which is a federal statute, is not optional. This article attempts to answer basic questions pertaining to the implementation of Section 504 in public school systems.

What is Section 504?

Section 504 is a part of the Rehabilitation Act of 1973 that prohibits discrimination based upon disability. Section 504 is an anti-discrimination, civil rights statute that requires the needs of students with disabilities to be met as adequately as the needs of the non-disabled are met.

Section 504 states that: “No otherwise qualified individual with a disability in the United States, as defined in section 706(8) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance...” [29 U.S.C. §794(a), 34 C.F.R. §104.4(a)].

Who is covered under Section 504?

To be covered under Section 504, a student must be “qualified ” (which roughly equates to being between 3 and 22 years of age, depending on the program, as well as state and federal law, and must have a disability) [34 C.F.R. §104.3(k)(2)].

Who is an “individual with a disability”?

As defined by federal law: “An individual with a disability means any person who: (i) has a mental or physical impairment that substantially limits one or more major life activity; (ii) has a record of such an impairment; or (iii) is regarded as having such an impairment” [34 C.F.R. §104.3(j)(1)].

What is an “impairment” as used under the Section 504 definition?

An impairment as used in Section 504 may include any disability, long-term illness, or various disorder that “substantially” reduces or lessens a student’s ability to access learning in the educational setting because of a learning-, behavior- or health-related condition. [“It should be emphasized that a physical or mental impairment does not constitute a disability for purposes of Section 504 unless its severity is such that it results in a substantial limitation of one or more major life activities” (Appendix A to Part 104, #3)].

Many students have conditions or disorders that are not readily apparent to others. They may include conditions such as specific learning disabilities, diabetes, epilepsy and allergies. Hidden disabilities such as low vision, poor hearing, heart disease or chronic illness may not be obvious, but if they substantially limit that child’s ability to receive an appropriate education as defined by Section 504, they may be considered to have an “impairment” under Section 504 standards. As a result, these students, regardless of their intelligence, will be unable to fully demonstrate their ability or attain educational benefits equal to that of non-disabled students (The Civil Rights of Students with Hidden Disabilities under Section 504 of the Rehabilitation Act of 1973—Pamphlet). The definition does not set forth a list of specific diseases, conditions or disorders that constitute impairments because of the difficulty of ensuring the comprehensiveness of any such list. While the definition of a disabled person also includes specific limitations on what persons are classified as disabled under the regulations, it also specifies that only physical and mental impairments are included, thus “environmental, cultural and economic disadvantage are not in themselves covered” (Appendix A to Part 104, #3)
Click to expand...
.

For purposes of this Plan, __________ (the student) is a person with a disability under Section 504 and the ADA. He/she is significantly impaired in performance of the major life activity of disposing of bodily waste. (This is what Jack's says)
 
I'm pretty sure that if you provide the documentation in writing and request a 504 (in writing), they are required by law to do an evaluation. If they say he doesn't qualify, they must document why... but there is no way in the world they can say no. Like Jacqui said, our kiddos are considered disabled with the disability being disposing of bodily waste. I believe my son's also says because of eating (he also has Celiac Disease though).

Like the others said, I'd go to the district level next. I'm sure they have a lawyer on staff who they will confer with and that person will know that they can't say no. After that, your state's Dept of Ed will have a family advocate or advisor of some sort that you can go through or at least ask questions and get advice from.

Hang in there and don't give up. Once you get the 504 established, it will stick with him through college, so it is pretty important, especially when we don't know what the future holds.

And while our district agreed easily enough to do a 504 plan, they later balked at some of the accommodations. Until, that is, my son missed 25 days of school, got an F, and was hospitalized last year. Then they understood my what's and whys and have since been much easier to work with. Most people simply don't understand what IBD is, until it's in their face (or have IBD kids puking on the principal's shoes).

Keep us posted on how things work out.
 
Oh, and any school that disregards or disputes doctor's orders is really asking for trouble. Document everything in case you need it later!
 
I have to say that my son's school (Colorado) is now bending over backwards to accomodate him. His classes have been weighted, so he will receive additional credit, even.

Unfortunately, he only makes it to school about half the time though...
 
WOW, thank you all! Thank you for the support, the links, the information.

My ex told me he finally got a call back from the principal today (after 3 messages .. 4 including mine), and we have a meeting set up on Tuesday. I haven't heard back from the school social worker. Not sure if she's supposed to help me, or the school, but a friend told me I should talk to her.

I'll be gathering up information this weekend. I'm actually pretty stunned about the response I've had from the school. I know they don't like doing 504's, but I was also under the impression that it wasn't optional if the documentation and need was there. :confused2:

Thanks again, and I'll keep you posted! I appreciate all the help!

(Farmwife, what have your experiences with the schools been?)
 
Someone correct me if I'm wrong (ChampsMom?), but once you meet the first time, I don't believe they HAVE to include you in any further meetings. Most schools do it out of courtesy and wanting to help, but it seems like you're off to a rocky start. Also, if you and your ex can present a united front and be at the meeting together, that will help a lot.

I have an old check list of things I brought for my son's 504 update this past summer. I don't know if it will help, but here it is...

-dr letter stating diseases, symptoms, and accommodations needed. This is the critical piece!
-list of current meds and side effects
-list of issues and examples from last year where he needed to use his 504 (ex: got an F on a quiz cuz he was in the bathroom the whole time). It was two pages long.
-copies of the CCFA brochure for teachers and
-copies of the CCFA 504 template, all scribbled on by me to customize it for my sons needs (and to show that things could be worse).
-and, a little strange, but I brought a bag with a change of clothes and a pack of Ensure and asked right then if they can be kept in the nurses office. Not many 8th graders need a change of underwear to be kept at school, but our IBDer's sometimes do, and it sort of visually made a point.

Good luck!
 
Our school district is about out-doing each other.
The more academic/sports/programs you have the more students you get.

They make sure they have a good reputation and will even firer Principles if they can't keep up with other schools.
 
Mehita - thanks for your list, that's helpful.

The school never met with us - they just said "no." We now have a meeting set up with the principal on Tuesday. My ex and I don't agree on a lot of things, but we are united when it comes to our son and we'll both be at the meeting. We will be prepared with last year's attendance patterns, grades, CCFA info., etc. Definitely feels like we're off to a rocky start, and I'm kind of stunned that they flat-out said "no" to the 504 without meeting with us, or reviewing it in person. I don't know why I'm surprised, actually .. this is really the kind of experience I've had with this school system since he started preschool. :::: insert eye roll here ::::

Thanks for all the help and advice, I'll keep y'all posted after the meeting on Tuesday. Keep your fingers crossed for me. :)
 
Make sure to get their decisions in writing
Document everything in writing
You asking for a 504 doesn't count unless it is in writing then the clock starts
Call your local office of civil rights ( OCR) before your meeting Tuesday .
They should be able to guide you
 
I just wanted to add my two cents here. We had a hard time when my daughter was first diagnosed in 3rd grade. School didn't really want to put a 504 in writing. Hoping the issues would pass I've heard. In fourth grade, I had had enough of the unknown when it came to education. Our school district totally came around and wanted to actually do a IEP health issues one. Something about if a student has a chronic health condition that does not always allow for them to be in attendance at school. I would need to look at the paperwork to get the specific term. The IEP makes the district more responsible for her success. For example, she must be achieving an 80% or better in classes or they need to reevaluate where the ball has been dropped. That is not included in a 504. We do have all the bathroom, text books, extra cello at school, stop test taking clauses. She is not in special services (learning disability etc) and does well with the home instruction when needed. She is able to maintain her A grades. We receive one hour per day missed per crohns. Not sure if that's something the school would have to abide by without the IEP. She gets it out of the door, first day of school, when we are abscent versus needing to miss 10 days before they would consider it. We live in the top district in Ohio where we moved for the education and I'll be darned if we are not going to get the same education for my daughter whether she is in class or sick at home. Here we are 7 weeks into the year and we spent 2 of them inpatient for a bowel obstruction and the last two at school off and on due to TPN/lipids. It's been comforting knowing she is not really falling behind. Also keeps her teachers in contact with me and on the ball with lesson plans so we have the work the day the students do. Playing catch up can be problematic and we battled it all last year. Get a weeks worth of homework from being absent while still keeping up with current stuff because she would be back in school. Their end sip being some lost knowledge. For us it was math. Just my two cents.
 
I am friends with a teacher and I asked her about the 504 process as the district never gave me a tutor when I was a senior BUT luckily the principal said I could pass on what I've already accomplished.

Anyway, Elaine told me that the reason the school districts don't like the 504 plan is because the money is taken out of their pocket and they have to pay teachers/tutors $30-$40/hour. It's all about the money and not the education of the child. They don't want to pay it.

I brought it up to her that at some of the CCFA meetings, there are parents fighting for their child's right to keep up with their class but are met with roadblocks from the school. She said they shouldn't give up and keep on fighting. Also, document EVERYTHING said to them via phone, photocopy anything sent to them by mail, email, etc. and if worse comes to worse, talk to a mediator or an attorney.

hope this helps.
 
Our school policy on homework for sick days is two days for every sick day. I tried to get that changed to three days in my son's 504 plan, but the school didn't go for it. Not sure why, but quite honestly, when he missed 11 days in a row last year, no one questioned anything and a lot of teachers exempted him from many assignments. In the end, there was really only once science project that he absolutely had to do because it was required by state standards. His guidance counselor just instructed all of his teacher to go for quality versus quantity and they all obliged.

The only subject that was really tough was Algebara (or any math) since it builds on the previous days work and you really do have to understand the concept before you move on to the next.

The other thing, and I'm not sure if or how to work this into a 504, is if you have a highly academic child who feels they have to do all the work. I had my son meet with his guidance counselor because he needed to hear from someone at the school, not mom, that his health is more important than homework.

Sorry, that was a long winded answer! To answer your question on homework, I think three days is good, but your school may not go for it.
 
We had that all missing work had to be turned in by final week of each quarter but teachers could exempt as work as they felt needed so we ended up with more "meat" and less potatoes. His algebra teacher said he could do as much or as little of an assignment to show he understood and we would sign off on it so for example if 10 problems were assigned and we felt he grasped the concept he would only have to do 3 problems.

The other thing, and I'm not sure if or how to work this into a 504, is if you have a highly academic child who feels they have to do all the work. I had my son meet with his guidance counselor because he needed to hear from someone at the school, not mom, that his health is more important than homework.
Click to expand...

We were lucky to have great teachers (except one) and all of them spoke to him and told him what thing absolutely needed to be completed, the exception was his English teacher who happened to be a sub because his regular teacher was out on an extended maternity leave and of course that was the during the time that he missed a bunch of days last year. He managed to get a B after the counselor "talked" with him.

Jack is at a new school this year and we have 10 days to make up work or at the discretion of the teacher so he can have longer depending on the teacher but a minimum of 10 days.
 
Hi,
I am brand new to this forum, but an incumbent when it comes to botched IEPs and school jazz - daughter 17 dx in Jan. 2009 with CD. Schools, Ed attorneys, governmental agencies, and even "the CCFA template" was not written to specifically support my daughter's handicap. Most "supportive" ED GROUPS are self serving. They are three to identify (label) based on visible disabilities and attainable supports - what gov can offer, not what gov should offer. My daughter should have been considered a "protected handicap child" and been able to have both a 504 and IEP and had the words "Other Health Impairment" on her IEP. 50 pages of IEP, 5 years of non-supports, fighting testing and evaluations for educational and behavioral deficits -not Crohns as it "effects major life activities" like learning - no evals for pain or fatigue as they cause learning problems....system broken. There are no supports for the remission symptoms that come and go. A child with autoimmune and inflammatory chronic illness will always have limitations that healthy people don't have -but docs would say "she's in remission, no worries"....then our experience didn't match. I have done the governments job for them as a public cyber school parent coach. I think its time to take our case to the ACLU, since many children's disability needs are breached, denied, or overlooked. One problem is that by the time a child is actually dx (mine age 11), then hits remission (mine age 13) he/she is in HS and expected to be "independent" and "just a regular kid". We have a new normal that nobody really is accountable to but us. I want our state government department of education to follow the federal ADA and IDEA without argument, prejudice, and delay(whoops, too late for that). Check out Wisconsin's universal design for learning and university of Michigan's services for students with disabilities.

So we opt out of standardized tests - because it's our right; we make our own flexible schedule to support medical visits; we lobby for the best doctors a-la-carte; we write letters and call attorneys....

For those of you who were honored to meet Jennifer Jaff in person/phone, consider yourself blessed. She had Crohn's and dedicated the last 12 years of her life to the efforts of 504s. She was my daughter's first ed advocate and fought very hard. Her site is now "on its own" I guess lack of funding, so sad. She knew members of Pearl Jam by name and worked with the NIH. She was very selfless.

We are faced with college and job life now. Adults with Crohns usually face hardships later in life. Job discrimination, loss of income, healthcare crisis...please visit Jennifer Jaffs site.

But keep in mind: a one-size-fits-all plan cannot support a no-size-fits-all disease
every IBD patient's prognosis and symptoms are different, unique and individual - so the nature of the disability should be written as "Nature of (YOUR CHILD'S NAME HERE) Disability"

Whoever warned about the school's only responsibility to have a 504 initial meeting with parents and then they aren't necessarily invited back are right. Get the school to make an ongoing exception IN WRITING since the illness will ebb and flow. And who ever said to get everything in writing, yes...if something bothers you about a topic discussed, reiterate it in an email and request a written response, or if you can think on your feet, ask them to immediately email that comment in writing.
 
504s and IEPs can be a battle for any one who has a child out side of the norm. I have friends who have taught through years of school for their autistic children. I have a cousin whose daughter has JRA and she eventually decided homeschool and alternative learning benefited her child more academically.

We were luck in that our 504 was written up by me with input from our GI. Anything we did not include that was seen to be needed we added later. We did eventually move later since the school C attended was a military prep so there were certain physical aspects that were required.

The law doesn't have the bite behind it for 504s that IEPs have so that is one thing to consider.

For us a flex school was the best option. C is for the most part considered independent study which allows him to set his own schedule. This means he can choose to slow the curriculum down or speed it up. At this time he is choosing fast teach which means he is moving through the curriculum fairly fast. This was to ensure he didn't fall behind the standard class after surgery. He had a bit of catch up projects but work wise he was on target.

Communication(through email) was key at C's other school. This ensures we always had something to refer back to.

C has already met with the disability office for the college he hopes to attend. From first meetings, I'm really impressed.

Hope everyone can find success for their children while navigating their illness and the school system.
 
Just had Jack's 504 meeting and I'm dancing! The social worker who is his case manager has Crohn's. Easiest 504 meeting ever, he re-worded some things in the 504 so the teachers would understand how CD can effect all life activities not just the bathroom.
Hoping this makes his high schools so much easier. He said if I have any issues advocating for him to just let him know and he would set them straight.
We even talked about meds and when I let him know Jack was on remicade he was going to add a note about possible issues/fatigue after infusions.
Totally made my day, instead of trying to explain what Crohn's is and how it effects Jack, he had everything already written up and there wasn't even anything I needed to ask for, nothing was missed.
 

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