IEPs and Legal Issues

Good candidate for a 504 Plan?

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Joined: Jan 17, 2008
Posts: 9
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Posted Mar 02, 2010 at 2:56:25 PM
Subject: Good candidate for a 504 Plan?

Our 10-year-old daughter has an auditory processing disorder, slow phonological processing speed and way below average working memory. She struggles with math and spelling, is forgetful and sometimes misses instructions. Her speech & language IEP is about to be discontinued because they say she has met her speech/language goals.

We're OK with that, but feel she should transition to a 504 plan to ensure she gets the classroom accommodations she needs for her auditory processing disorder as she moves from grade to grade.

The school feels her average intelligence,her state standardized test scores and grades are good enough that she doesn't need a 504 plan. They say the few simple accommodations she needs can be communicated from teacher to teacher in a less formal manner. We wonder: Who is a 504 plan for if not for someone like our daughter? Does anyone have any thoughts or insights?

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Joined Jan 25, 2008
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Posted:Mar 03, 2010 9:37:32 PM

504 plan would be important to keep her accommodations on state testing and assessments. Most states will not allow accommodations on high stakes testing (e.g. extended time, quiet room, reader for non-reading test, etc.), unless they have been utilized throughout the year and are specifically sited on a 504 plan.
[Modified by: dhfl143 on March 04, 2010 05:12 PM]

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Joined Apr 29, 2008
Posts: 135

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Posted:Mar 24, 2010 3:52:59 PM


I read your posting and thought I would respond to your question. Your daughter's situation is a usual and customary dilemma that confronts a parents when a Speech Pathologists demonstrates the child has now met the speech goals of her IEP. As a former administrator of Special Education i would customarily confront the Speech Pathologist to describe just exactly what does this mean? Once I direct the question, then the fun begins of listening to the explainations.

The issue you have is whether or not your daughter had articulation issues or language issues that served as the basis for her IDEA disability of Speech and Language Impaired. You need to understand which it is that serves as the basis of her recommended dismissal. As your child has phonological issues these will be manifested in her language skills that will likely implode upon the content areas of Reading, Written Expression, and probably Math Reasoning skills.

As your child is currently and IDEA identified disabled student, you have the right to refuse consent for her dismissal and have her remain a child with a disability. Read your procedural safeguards to ensure you have been afforded this safeguard.

Secondly, I would suggest that you request and independent evaluation assuming you disagree with the evaluation conducted by the school division that would serve as the basis of the child's dismissal from her IDEA provisions.

As for the statements that your daughter dooes not need accommodations may in fact be true but I submit that she is at high risk for school non-success with her language based issues.

In sum, it comes down to the relationship you have established with this school division as to how much you wish to stir the water. At a minimum, I would not give consent for her dismissal at least for the remainder of this school year. It does not make much sense for her to be dismissed at this time of the year. Also, i remind you that although she is a Speech and Language Impaired IDEA child her entitlement is to special education and related services just like any other disabled child. You could make requests that she be provided a resource period for assistance due to her language based needs. Should this be refused the school division would have to provide you with Prior Written Notice of this refusal.

Keep me posted. Good luck. Where are you in the process of this potential proceeding?


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