I have a question about a 504 plan in school?

Question

I'm having a problem with my sons school giving him the services he needs . He should be getting OT/SPEECH in school instead of getting them from outside sources. I'm thinking of requesting a meeting for a 504 plan. Once I do this what all documentation needs to be given? His disability is a TBI.

what documentation would the school need

Answer 1

An Individualized Education Plan might be more appropriate for him with a TBI than a 504 plan. Ask the principal at your son's school to have somebody there do an initial assessment for an IEP. A parent's request for testing must be honored. After the evaluation, a meeting can be scheduled to determine exactly what services your son qualifies for and needs.

Answer 2

There is some valuable information that you did not provide but if your child's academic achievement is impacted by the TBI then your child has the right to some sort of service from the school. It needs to be pointed out that IDEA classifications have specific federal and state guidelines and those have to be followed for evaluation and diagnosis. If you have sufficient medical information then your child may qualify for a 504 plan but that does not necessarily mean that OT or speech services would be provided. I would recommend you contact the school and request information for both IDEA and 504 programs, also most schools have some sort of committee that you might be able to meet with to discuss your concerns and find out what services are available and the criteria for receiving those services.

Answer 3

Does the school your son attends have an OT or speech path on staff? If not, then outside services are in compliance with his 504 plan. Also, with a diagnosis of TBI, an outside source may have more training in this area than any school staff, which would be better for your son's needs. You should not be paying for the services, as the school is required to pick up the tab for that.
As for testing for LD, the school cannot do this without your written consent to test. If you request this testing they have to do the testing within a specific amount of time. If you have him tested and he does not qualify for LD eligibility, his 504 plan still covers him.

Answer 4

While I have no idea what a TBI is, a 504 would not be of any help to your son, all it does is guarantee that your son's civil rights won't be violated. if you are actually looking for services to be rendered, you'd want an individualized education plan (an IEP) which would actually identify his specific needs, learning style and the manner in which he'll be taught those individually.

Request evaluations and IEP in writing. The school will have (depending on which state you're in) 30 to 90 days to complete evals and have an IEP meeting. If I were you, I'd also call the state dept of education, request a policies and procedures manual for your state, as well as get your hands on the Wrightslaw manual, which you can find more info at http://wrightslaw.com

Good luck. They'll likely give you a hard time, tell him he doesn't qualify, etc etc. Keep copies of any letters they send, if they tell you they can't or won't evaluate or provide services, ask for a prior written notice as to why. Keep copies of those, and you might as well keep copies of any letters you send to them. It'll save you in the long run if you have to fight legally to get services. You are right though, any child with a disability qualifies for services through special ed, even if he's in regular classes.

Answer 5

Has he been tested by the school for learning differences, or only from an outside source? If they have not tested him beware they may try to do their own testing and say his disability does not fall in the range to warrant a 504 modification.
Do a little research into the Americans with Disabilities Act and don't be surprised if you have to hold the school districts feet to the fire to make them provide the services your child needs. With a 504 Modification each teacher he has through High School and even into College is required by law to follow the plan that you and the Special Ed Dept have deemed appropriate. These may be as simple as requiring the child be placed at the front of the classroom or that they have an in class tutor.
Don't be surprised if you have to battle all the way through his school years to get him the appropriate modifications and keep in the back of your mind that is he fails to make progress in any area of need you can force the school district to pay to put him in private school to address the needs they failed too.

Answer 6

If his disability affects his academic progress and requires specialized instruction, eligibility under IDEA would be the appropriate course of action. If I am reading your question correctly, he is getting outside services and is not currently eligible for 504 or SPED? If this is the case and you believe that there are educational needs that are caused by his Traumatic Brain Injury, ask for testing, in writing, from the school. They have twenty days to respond to your request (test or not). If they agree, you will need to sign a consent from which point the 60 day timeline begins for completion of the eligibility process. You should provide any documentation of the Injury and the effects of that injury on your son and his cognitive abilities.

Good Luck

Answer 7

If he has TBI then he needs an IEP, not a 504....TBI is considered "other health impairment" He needs to be evaluated for services...he may not need any special accomodations in the classroom, etc., but he may qualify for OT and speech...HOWEVER..OT will only be provided if it is educationally relevant, that is...if his OT needs affect his school performance.

Answer 8

I'm not sure i see the problem--since you say your son is getting the required help. granted, it might be more convenient if this were done isn school--but that's not necessarily required as long as he gets them.

And, while I appreciate that the school may not be doing enough, I would think twice about forcing this issue. The reason is purely pragmatic: the services/training your son is getting now is probably a lot better than the school will provide in any case. Schools nowadays (with a few exceptions) provide abysmally poor quality services. It won't do your son any good to have the training in school if it isn't done properly. Either way, good luck!

Answer 9

I have a 504 plan and what they do before you get one is analyze his/her skills (for me, it was with the school psychologist) and after you get the first one, it'll get updated every year. Keep in mind that a 504 plan just says that the student has no learning problems, but needs accomodations to optimize their education.

An IEP is probably closer to what your son needs.

Answer 10

Write a letter to the principal this evening stating what you had just said. Your teacher is violating law by not allowing you extended time on homework and tests. Your counselor is not doing her job by supporting you. Time left in school means nothing when it comes to breaking the law! Inform your parents and ask them to either sign the letter asking the principal to give them a call. If they won't and you don't think it would cause a blow up with your parents, write the letter anyway and put it in the principal's hands or in his box at worse case scenario. This is good practice for you when you go to school next year. Did you fill out the paperwork for you to get extra time on the SATs?