“Toto, I have a feeling we're not in Kansas anymore.”
― L. Frank Baum
I am going to preface this post by saying, what's done is done. Obviously, we can't go back to August 2014 and change anything. I'm sharing this in hopes that what we've been through can help someone.
It's going to be a long post. So, please bear with me.
My son started junior high last fall. The first three days were awful. New school, 7 classes, lockers, bells, and hundreds of people crammed into the hallway. After second period, he was completely overstimulated.
It should also be noted that he's incredibly introverted. Getting up the courage to talk to anyone is overwhelming. So when he got lost on the first day of school, he was stressed almost to his breaking point. He found the counselor, who took him to his class. On day two, they switched up the schedule for some reason and announced it over the intercom. Seventh period became second period and second period was canceled.
It was a mess.
After the first week, I contacted my son's counselor and the vice principal. I asked for an Individualized Education Plan (IEP). The counselor said we didn't want an IEP, because that's special ed and "we don't want that". He said what we needed was a 504 plan.
We've had 504 plans before in elementary school. Since my son only had one teacher, they were very accommodating. If they could see he wasn't understanding something, they could clarify. They had planners that needed to be signed by the teacher and the parents. It worked well. So when the counselor said he needed a 504, I figured he knew what he was talking about and went along with it.
[Side bar: I always figured he must have been on the spectrum. But everyone pretty much accepted his quirks. We didn't want to pursue another label and quite frankly, we didn't really require a diagnosis. The teachers almost always went the extra mile to help him. The label wasn't necessary until he was in junior high.]
WHAT CAN BE REQUESTED UNDER A 504?
(this is not a complete list)
- Preferential seating: Most teachers will place a student with a 504 plan near their desk or at the front of the classroom so they can see the board.
- Modified schedule: If a student is wheelchair bound, they aren't going to be forced to do PE. If a student has a hard time getting to their locker and to the next class on time, you can ask for them to be released 3 minutes early and arrive to class up to 3 minutes late.
- Extended time on homework and tests: If there is a timed test, students with a 504 can be granted additional time. They can also be tested in a different classroom with reduced distractions. One student in my son's third grade class had a white noise machine under his desk.
- Reduced homework: As an example, they can complete half of their homework. For instances, odds or evens, or half of the worksheet. The way my son's psychologist explained it, "With the bright lights, the loud students, the bells, the different teachers, the different classes, and the social requirements of teenagers, by the time your son gets home. He is just physically and mentally done. He is beyond learning anything at this point. He is not going to benefit from doing homework. If anything, it will just add stress to the already overstimulated body." Which makes total sense.
- Students can have someone read the tests to them verbally.
- Unlimited visits to the nurse's office: If my son is feeling an imminent meltdown, he can excuse himself from class and go to a quiet place to reset.
The school did not tell me any of this. I came home from that first meeting and googled other 504 plans. My suggestion, if your child has a 504 plan, ask for any reasonable accommodation you can think of. They might be able to make it happen.
My son's 504 plan was implemented in August. In addition to ADHD, he was diagnosed with autism in October 2014. During a second impromptu meeting (read: I dropped in unannounced), I told the counselor my son was diagnosed with autism, but the psychologist's report wouldn't be ready for 6-8 weeks. However, if he had any questions, he could call her. I gave him her number and I signed a release so they could discuss his diagnosis.
During this meeting, the counselor suggested a Response to Intervention (RTI).
504s and RTIs are fantastic tools. They serve a purpose in the educational system. Up until 7th grade, we utilized both programs successfully. But, if the teachers are unable to cooperate with the 504 and the student isn't responding to the RTI, then what?
WHAT IS THE DIFFERENCE BETWEEN AN IEP AND A 504?
The way my son's psychologist explained it is an IEP is a federal law that school's legally have to follow. A 504 is a suggestion to the schools. Legally, they don't have to follow the accommodations listed in the 504. There are no consequences if the educators can't / won't adhere to the 504.
The school has 60 CALENDAR days to evaluate the student to determine if an IEP is appropriate.
My son's school was put on notice in August. They should have initiate the IEP protocol then. Then when I received the official diagnosis in October, we would have been rolling. Instead, they ignored the IEP request and implemented the 504. (Which was wrong.) When the 504 wasn't working, they implemented the RTI. (Again, wrong.)
Just before the Christmas break, I received the psychologist's report in the mail. So I had another impromptu meeting with the counselor. I gave him the report and asked again for the IEP. He glanced over the report and said, "This is what we were waiting for."
Waiting? For what?!?
(I appreciate educators. I know they have a difficult job. Personally, I think they are overworked and underpaid. They were long hours preparing lesson plans, correcting homework, and loving children who don't belong to them. It is absolutely ridiculous that teachers need to have a second job just to make ends meet. My son loves his teachers and they always tell me how much they enjoy having him. I'm not blaming the lack of IEP on the teacher. I understand their hands are tied.)
When I asked again for the IEP, he told me there was a 504 in place. I told him the teachers aren't adhering to the 504 plan. The wording of the 504 was vague and was being arbitrarily enforced. Parts of it were being ignored entirely. He sent an email to the teachers to remind them of the 504, because with 200 students it's possible they forgot. I said, "It's not like they aren't aware of it. I am in constant contact with them through email. I email each one of them at least weekly asking for clarification and ensuring the grades they've input are accurate. They know he has a 504. They didn't forget."
The counselor pulled the principal into the office. The counselor explained there are steps they are legally required to take before the next step can be implemented. I looked at the principal and said, "But don't you think 6 weeks is an awful long time to let somebody fail?"
He asked how my son's grades were. The counselor said, "fine" at the same time I said, "not good". When the counselor said fine, I asked him whose grades he was looking at. He pulled up my son's report card. He was missing almost every assignment.
I said, "Those assignments are sitting in his binder. They are done."
The principal asked why they weren't being turned in. I said, "That's what I want to know. His 504 says the teachers should consider late work, so I can have the opportunity to review it and ensure it is complete and make sure he understands what is being taught. But, he doesn't know when to turn it in. He doesn't want to bother the teacher and make them upset with him. I've told him to turn in the homework when he first gets into class. But he's so caught up with just getting to class, he forgets his homework is there and the teachers won't remind him."
I get it. They're trying to teach independence. They want the students to turn it in without being reminded. Keeping up with homework from 200 students isn't easy. Focusing on the one student they have for 45 minutes a day is difficult. Especially since he is a wallflower that doesn't like to attract attention. He will easily blend into the woodwork. (He obviously gets that from me. LOL)
The principal said, "The teachers should be asking for homework at the start of the class. 'Everyone, pass forward page 56', I don't understand why he wouldn't turn it in then."
I said, "People with autism are very literal. Let's say he has page 48 done. But the teacher didn't ask for page 48. She asked for page 56. So, when does he turn in page 48?"
The principal said, "Well, that's common sense."
And there lies the problem.
The educators should not assume their students understand implied instructions. Common sense is not all that common. In the military (we are a military family), if a soldier were to pass forward page 48 when the sergeant asked for page 56, they would be called out in front of everyone. "Soldier, did I ask for page 48? Do you not know your numbers? Let's all help this special snowflake count to 56. Drop and give me 56."
The educators should not assume their students understand implied instructions. Common sense is not all that common. In the military (we are a military family), if a soldier were to pass forward page 48 when the sergeant asked for page 56, they would be called out in front of everyone. "Soldier, did I ask for page 48? Do you not know your numbers? Let's all help this special snowflake count to 56. Drop and give me 56."
Though it's highly unlikely a teacher would make a student do push-ups in the middle of class, it's not completely unheard of for teachers to humiliate students in front of the class for doing things like that. Granted, it's been a while since I was in junior high, but I remember teachers calling you out for the slightest infraction.
(*cough* Mrs. Smith *cough*)
Anyway.
On January 8, 2015 (last week, as of this post) I sent the counselor and the vice principal an email. I told them the process is taking way too long. Here is the response I received from the counselor:
[Teacher completing her RTI assessment] is still collecting
data in the [her] class to determine if that is helping. I need to ask [another teacher] on the status
of the testing from the District, but she is not here today. Hopefully, she will be in tomorrow and I can
follow up with her then.
I got this response from the assistant principal:
Sorry to hear about the frustrations that have occurred. As I followed through and checked to see where the process was regarding testing, I found out that the teachers and [counselor] have been doing all that can be done right now to speed things up. The testing is already going to get done sooner than usual, as everyone involved is doing their best to get the process done. However, the process does take time. I will continue to monitor the situation and see that things get done as fast as possible.
Sorry to hear about the frustrations that have occurred. As I followed through and checked to see where the process was regarding testing, I found out that the teachers and [counselor] have been doing all that can be done right now to speed things up. The testing is already going to get done sooner than usual, as everyone involved is doing their best to get the process done. However, the process does take time. I will continue to monitor the situation and see that things get done as fast as possible.
Thanks for your patience and hopefully we can get things
worked out. Feel free to contact me with
any other concerns or questions.
I like to think I'm a smart person. I've taken a few psychology courses. I understand that sometimes you project things onto other people and interpret things that weren't intended. It's been a week and the condescension in this response still irks me. Please, kind sir, don't do me any favors.
Besides the patronizing tone (if email can have a tone), something just didn't feel right.
Sunday night, I did some research. Thank you, Google.
According to IDEA 2004 (Individuals with Disabilities Education Act), the school cannot delay implementation of the IEP in order to complete the RTI. Once a parent requests an IEP, the school as 60 calendar days to conduct the IEP assessments.
I promptly sent an email to the principal and to the counselor. I thought I was rather diplomatic, considering how livid I was.
Hello,
After doing additional research, I have discovered implementing a Response to Intervention (RTI) in response to requesting an IEP is inappropriate. According to the Department of Education, the IEP should not be delayed while the RTI is implemented. Please see attached memo.
I initially made the school aware of Matthew Melendez's autism in October, which is when I requested the IEP. (Actually, the IEP was requested in August, but I was directed to initiate a 504, which is on file with the school.)
Additionally, through additional research, it has come to my attention that it is my right as a parent to seek independent assessment through a third party, which is what we have opted to do. (See 34 CFR 300.592) This assessment is legally required to have equal or greater consideration with regard to the IEP.
As such, I respectfully deny any request for the school to conduct additional evaluations, which will take additional time and resources. Had the evaluations been conducted in August, when the IEP was initially requested, Matthew's grades and education would not have suffered. There never should have been a the delay in initiating the IEP.
Please expedite the processing of the IEP with the information that has been provided to you (specifically, the Autism and ADHD diagnoses). Please note, he is also colorblind. This may need to be worked into the IEP.
I look forward to getting this resolved. Since there has already been a three month delay, I think you will agree that further delays are unacceptable. If you have any questions, please don't hesitate to ask.
Thanks for your assistance.
The next day, we had another semi-impromptu meeting. (They were expecting me, but only to sign paperwork we needed to sign in order to finally initiate the IEP.) While we were there, I expressed my concerns with the unnecessary delays. Long story short, I told them they legally could not do what they were doing. The counselor called for reinforcements. The principal and the special ed teacher came in.
The counselor and SE were very defensive. They sat in their chairs with their arms folded. The SE sat there, shaking her head at me. She said, "Legally, we have time frames we have to abide by and steps we have to take." I told her I would like to see the text of that law. She said she'd get it to me. I'm still waiting. But, I'm not in a hurry, because I know the law she was referencing doesn't really exist.
Then they hid behind the "Well, we are only doing what we are directed to do by the district." What a cop out. I get it. I'm a worker bee, too. But before I go spouting off laws to people, I do my due diligence and make sure what I'm telling them is accurate.
When I said, "Just so you know, I've already reported this to the school district. I'm going to pursue this," they quickly changed their tone.
The next day, the school district called me. Per the conversation I had with her, when I initially said I'm concerned my son has autism, they should have started the RTI and the 504 concurrently, while initiating the IEP process. Of course, they are covering their booties and expediting everything now. She ensured me she has talked to the school and has corrected their misunderstanding of the law.
I know I can't go back to August and undo all of the damage their pompous inaction has caused. My son still has to go to school there. I don't want any retaliation against him...though, I'm sure there won't be. I'm trying to be a graceful victor. Privately, I did the "I told you so" dance. (Link will open YouTube in a new window.) I'm not going to rub this in their faces or expect them to grovel at my feet. But next time I go in there with legitimate concerns, I hope they listen better.
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