United Brachial Plexus Network, Inc.

UGH!!!! I don't what to do. Brayden had a great checkup. He is having a bit of trouble with writing and scissors and other hands on things. His ortho sent us home with a prescription for OT but I am so confused. When I started the process of getting him a 504 I was under the impression that he could get OT with the 504. I am working with a team of people to get it set up. Some are saying he can only get it through an IEP and some are saying the 504. I don't think any of them know what they are doing and neither do I. I was under the impression that and IEP was for special ed students. I was also told it was almost impossible for him to get OT at school because the rules have changed. I am just so confused and don't know what to do. Does anyone have some insight on this? Is it really worth what I am trying to accomplish or a waste of time?? I am just so discouraged and confused. I feel like the school isn't really working with me too great. Any insight or help would be great ! Thanks!

Ashley, mom to Brayden ROBPI 4yrs

Ashley:
Absolutely, your school can give OT with a 504. Juliana had it for years. However, I am certain that they will try not to! Money is tight for all school districts and "no child left behind" has made things even harder for them. If the OT is not "educationally based" then most school districts will tell you that the issue is "medical" and you need to do it outside of school. This is particularly true for the smart kids. They perform all of the tasks necessary, even if they have compensated in numerous ways.

It irks me to no end that there are loads of kids in our school who get OT because their scissor skills are slightly off, but Juliana can't get it, because she had so much therapy and has so much home therapy with me. Juliana has been tested so many times that she reads the needs of the tests and does well. Plus, she switched hands and has figured out how to beat the tests. She thinks its a big game and she wants to "win". On more than one occassion she has asked the OT if "anyone did better than me."

You need to prove to the district that the issues are "educational". Skills that involve cutting, holding paper, holding books, safety (falling down stairs, not being able to hold the bannister), switching of writing hands or writing with the bpi hand that results in sloppy or slow handwriting (or pre-writing skills). Get creative. I'll admit, it gets harder as they get older.

good luck,
claudia

Sorry, cannot help you here, Brandon has been fortunate to have great teachers who conform to his needs and his needs for therapy are reatly diminished at this point. Like Claudia said though, you have to be creative I have a duaghter with and IEP/504 and you have to get don right dirty sometimes. Good Luck and hope you get out of that place soon !!! LOL
GAYLE

It is important that you know your parental rights under 504 and should have been given a booklet telling you those rights.
Follow those to the letter in other words... email,phone, write letters, and call meetings to discuss all options with the head of your district's 504 department. Bring a tape recorder with you and you'll see people hop...
It is important that you have specific knowledge of the fine motor skills your child needs to perform on a daily basis to be successful in his education. Have a list with you at every meeting and consult with your ortho so they'll know you might be in for a fight.
Seriously, your district probably will not fight if they know you are prepared and informed of your rights. I agree with Claudia funding right now is REALLYY bad and 504 allotments are way at the bottom since they are not federally funded.
Nancy Ann

I emailed the head of the 504 a week ago. No response. UGH! Today I am going to email the head of the school to see if she can get an answer for me. I did get something with my rights as a parents but it wasn't a booklet only on teeny piece of paper and it really doesn't say much. Thanks to everyone for all of your good advice. I've researched it a bit and I have my P's and Q's' ready & I am ready for the fight now. If anyone has any more info please let me know. I am sure this is going to take a while but I will get it accomplished. Thanks again.

Ashley, mom to Brayden 4yrs ROBPI

Ashley,
KEEP A Record of all Telephone Calls..Dates, #1, #2, etc., NAME OF PERSON called; copies of your emails. When you learn your Parental Rights, be prepared for a Hearing if they turn you down for what your child needs. There is a timeline when your School District is mandated by law to respond to your original written request for services/assesments etc..
Also, NEVER, NEVER go to a meeting by yourself! Always take someone with you to either take notes or handle your recorder. Tape/CD recorders are best, but written notes of who said what is just as good.

You are not alone in this HEdouble hockey sticks!!

HUGS,
Carolyn J
Adult/LOBPI
Experienced in 3 States/School Districts

ps..Please keep us al updated


Message was edited by: Carolyn J

Thanks Carolyn! That is a great idea. I just got off the phone with the Head of the 504's in our school system and she said no OT is not a services that Brayden can get under a 504. UGH! I just left a message with his previous OT to see what she can do or if she can lead me in the right direction. About 6 months ago she said it was almost impossible to get kids who have Peach Care in OT. I just can't win for losing. But you better bet I am going to further research this. Thanks to everyone for their ideas. They are great. And I am ready to get his done and accomplished.

Ashley, mom to Brayden 4yrs ROBPI

Occupational therapy is something that can be provided in a 504 plan. That is federal law, so Georgia would have to at least meet that criteria. Maybe she means that Bayden does not qualify for a 504 plan? But it is clearly stated that a 504 plan can provide occupational and physical and speech therapy :

When should a student receive services under Section 504 of the Rehabilitation Act instead of special education?

Section 504 of the Rehabilitation Act is a federal civil rights law that prohibits recipients of federal funds, such as public schools, from discriminating against a qualified individual with a disability, on the basis of that disability. (Section 504 is codified at 29 U.S.C. 794, and the applicable regulations are at 34 CFR 104.) It covers any individual, including a public school student, who has a mental or physical impairment that "substantially limits a major life activity such as caring for oneself or performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, or working." Section 504 affects the entire school program, regular education as well as special education.

Section 504 requires public schools to provide a free appropriate public education to every qualified student with a disability. In this context, the term "free appropriate public education" means regular education or special education, and related aids and services that are: (a) designed to meet the individual educational needs of the disabled student as well as the needs of a non-disabled student are met, and (b) based on adherence to procedures required by the section 504 regulations. For purposes of Section 504, "related services" are modifications and related services that enable a disabled student to participate fully in the program.

If a student has a disability and needs or seeks an accommodation under Section 504, then the district must evaluate the student. The scope and nature of the evaluation depend on the type of disability and the type of services the student may need. Unlike the state and federal special education laws, Section 504 does not prescribe details about the evaluation process. The services or modifications must be determined by a group of persons knowledgeable about the student. The school must document the decisions about services or modifications to be provided, in what is sometimes called a "Section 504 accommodation plan." The school must review the plan periodically, although Section 504 does not mandate a schedule for the periodic review. Finally, Section 504 requires the school or district to provide due process to the parent, both by providing notice of actions it is taking to evaluate and determine services for the student, and by providing a dissatisfied parent with the right to an impartial hearing. In Massachusetts, Section 504 hearings are handled at the state level by Special Education Appeals in the Department of Education.

Section 504 is broader in its coverage than the state and federal special education laws. For example, it covers regular education programs and activities, not just special education. It is also more flexible than the special education laws in terms of specific procedural requirements. Section 504 (and the analogous provisions of the federal Americans with Disabilities Act) overlap with special education, and add to the continuum of services available in public schools.

If a special education evaluation Team determines that a student with a disability does not need specially designed instruction, but does requires accommodations, or some type of related service in order to participate fully included in the school program, the school must develop and implement a "504 plan" for the student. The 504 plan may identify accommodations such as classroom modifications, special transportation arrangements, assistance with health or medical conditions, accommodations related to physical access or other accommodations that make it possible for a student with a disability to participate in all aspects of school on an equal basis with students who do not have disabilities. A 504 plan can also be used to identify related services such as speech therapy, counseling, occupational therapy or physical therapy, if such services are necessary to ensure the student is able to participate in school.

In response to Rich's great explanation of 504 requirements... here's the rub: 504 has a much broader scope than IEP and therefore schools have much more leeway to DENY you (your child) things like OT, PT, adaptive PE, etc.

Plus, each state has different ways of grievance. In NY, we would have to sue the district under the Equal Opportunity laws. Juliana would be out of college and halfway thru grad school before our case ever came to court...

Go for the brass ring: OT, PT, adaptive PE, everything you can think of. Because they just might go along. And if they don't, what they give you, because you asked for so much, might be what you are happy with.

By the way, don't discount the teacher. He/she can be a valuable resource.

claudia

Thanks Rich! Where did you find this info. I would love to print it out if you have a link for it. I really think that I am dealing with a bunch of idiots. One of them will say one thing and then the other will say something else. I have another meeting on the 19th so we will see how it goes. Thanks!

Ashley, mom to Brayden 4yrs ROBPI