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  #31  
Old 03-01-17, 12:11 PM
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Re: IEP cateogories and Assessment conditions

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Originally Posted by Caco3girl View Post

I had to have a conversation yesterday with the IEP coordinator. Apparently one of the accommodations went too far and the state flagged it. I had to listen AGAIN to how my child was in the "average" range and didn't qualify to being read to on a state test...yup 19th percentile for reading comprehension is AVERAGE....whatever!


Ridiculous! Which state is this again?
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  #32  
Old 03-01-17, 03:47 PM
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Re: IEP cateogories and Assessment conditions

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Ridiculous! Which state is this again?
Georgia. The accommodation was that if there are passages on a test, such as in Lit class or on the standardized tests that the passages would be read to him. Not the questions, just the passages.

Apparently you have to not be able to read, like phsycially can't see or understand the words to have the test be read to you in the state of GA. Since his testing showed that when they showed him a single word he was able to read that word, or attempt to sound out the word using the "correct decoding" techniques he does not have a problem reading words.

My point was that while he could read individual words, when you put them in a sentence and that sentence in a paragraph he can't tell you what he just read! They agreed that was true, but since he COULD read he didn't qualify to be read to on a state test but they would keep the accommodation at the school level, just not for the state tests, or SAT's or ACT's...etc.
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  #33  
Old 03-01-17, 08:54 PM
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Re: IEP cateogories and Assessment conditions

ugh. again, ridiculous. who creates these rules?
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  #34  
Old 03-02-17, 05:46 AM
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Re: IEP cateogories and Assessment conditions

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Originally Posted by Caco3girl View Post
I had to have a conversation yesterday with the IEP coordinator. Apparently one of the accommodations went too far and the state flagged it. I had to listen AGAIN to how my child was in the "average" range and didn't qualify to being read to on a state test...yup 19th percentile for reading comprehension is AVERAGE....whatever!
The state can flag stuff? I have never heard of that!
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  #35  
Old 03-02-17, 02:15 PM
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Re: IEP cateogories and Assessment conditions

I was listening to a CHADD poscast and heard a webinar called "Department of Education Guidance Broadens Understanding of 504 Rights for Kids with ADHD". There is a Part 1 and a Part 2.

So far, in part 1 they have addressed nuances regarding eligibility, eligibility while on medication, etc.... I instantly thought of this thread. Great listen. I'm going to listen to Part 2 on the way home tonight.

LINK TO WEBINARS
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  #36  
Old 03-02-17, 03:55 PM
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Re: IEP cateogories and Assessment conditions

Thank you!
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  #37  
Old 03-03-17, 03:35 PM
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Re: IEP cateogories and Assessment conditions

Falling in line with HiddenCreation's info, the supervisor from InSource sent me the "Know Your Rights" section from the DoE today. The part about the meds is in there...

When conducting the disability evaluation, your school district
cannot consider the positive effects of mitigating measures in determining if a student has a disability. For example, if your daughter uses medication to address ADHD, the school district cannot consider the positive effects of that medication as a basis to determine she does not have a disability.


And also the following. Of course I'm biased, but when I read:

Not every student with ADHD needs the same set of services, or any services at all. School districts cannot simply provide the same aids and services to all
students with ADHD. Each student’s needs may be different, and Section 504 requires school districts to provide for those individual educational needs.

... I feel that this does NOT say that if a student with ADHD doesn't currently need "services," she does not qualify for a 504. It doesn't say they do, either - it's ambiguous. Wouldn't a kid that wavers like my daughter does qualify for a 504? Since they now claim that the 504 is not needed for the study hall, theoretically one would think everything will be hunky dory.

But no matter how much they claim that she can always have the study hall and how much guidance the current study hall teacher (they change each semester) is willing to provide on keeping track of her late assignments and understanding what those assignments are, I can't trust or force the school to continue that, or add other services that she may need in the future once this novelty of meds wear off.

She's moderate - so any services she'll need will always be pretty innocuous on the school's end anyway, and I thought that was the point of a 504 as compared to an IEP, which is apparently off the table.

Am I just reading into it what I want to believe?
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  #38  
Old 03-03-17, 04:48 PM
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Re: IEP cateogories and Assessment conditions

Forgot to say... InSource has provided us with guidance in requesting a 504 evaluation, and they will support us throughout the process. The person there I spoke to thought it very odd that, considering they're giving her much of what we want already, they won't put it in writing with a 504.
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  #39  
Old 03-06-17, 10:18 AM
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Re: IEP cateogories and Assessment conditions

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Originally Posted by sarahsweets View Post
The state can flag stuff? I have never heard of that!
The state flagged the accommodation on the STATE test. Pretty much they can do what they want within the school but when you ask for a waiver/accommodation on a state mandated test each accommodation must meet an exact criteria to be allowed...and he doesn't meet the state criteria to be read to.

It doesn't help that there was a HUGE scandal with state tests in GA. All state tests are under a microscope at the moment.

http://www.usatoday.com/story/news/n...-race/2079327/

http://www.georgiapolicy.org/2015/04...ating-scandal/
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  #40  
Old 03-06-17, 01:53 PM
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Re: IEP cateogories and Assessment conditions

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Originally Posted by Caco3girl View Post
Agreed, an IEP is only given when all else has failed, and that includes the 504.

I may be wrong here but I was under the impression that a 504 was given anytime there was a medical issue, other times too but always if there was a medical issue, such as a diagnoses of ADHD. It falls under the Americans with disability act so if your child has a documented disability (which ADHD is one) then I thought a 504 was an automatic thing.

I had to have a conversation yesterday with the IEP coordinator. Apparently one of the accommodations went too far and the state flagged it. I had to listen AGAIN to how my child was in the "average" range and didn't qualify to being read to on a state test...yup 19th percentile for reading comprehension is AVERAGE....whatever!
Send your IEP Coordinator this:

(i) The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as—

(I) medication, medical supplies, equipment, or appliances, low-vision devices (which do not include ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies;

(II) use of assistive technology;

(III) reasonable accommodations or auxiliary aids or services; or

(IV) learned behavioral or adaptive neurological modifications.

(ii) The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life activity.

(iii) As used in this subparagraph—

(I) the term “ordinary eyeglasses or contact lenses” means lenses that are intended to fully correct visual acuity or eliminate refractive error; and

(II) the term “low-vision devices” means devices that magnify, enhance, or otherwise augment a visual image.


https://www2.ed.gov/about/offices/list/ocr/504faq.html
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  #41  
Old 03-06-17, 04:17 PM
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Re: IEP cateogories and Assessment conditions

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Originally Posted by Danibee View Post
Send your IEP Coordinator this:

(i) The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as—

(I) medication, medical supplies, equipment, or appliances, low-vision devices (which do not include ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies;

(II) use of assistive technology;

(III) reasonable accommodations or auxiliary aids or services; or

(IV) learned behavioral or adaptive neurological modifications.

(ii) The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life activity.

(iii) As used in this subparagraph—

(I) the term “ordinary eyeglasses or contact lenses” means lenses that are intended to fully correct visual acuity or eliminate refractive error; and

(II) the term “low-vision devices” means devices that magnify, enhance, or otherwise augment a visual image.


https://www2.ed.gov/about/offices/list/ocr/504faq.html

Thank you.

When I read things like this I think... what other things CAN they use to deny it then? To me this reads that anyone diagnosed with ADHD qualifies, regardless of how well they might be doing. But I know that's not technically true, either, so.... what on earth?

Is the problem that the rules are not explicit enough? Why make it so difficult? They would waste less money on all the evaluations and appeals to denials of eligibility if they'd just include a ADHD diagnosis as qualification without exception for a 504. It's not like kids get that much accommodation with it.
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  #42  
Old 03-08-17, 06:05 PM
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Re: IEP cateogories and Assessment conditions

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Originally Posted by ajaxblu View Post
Thank you.

When I read things like this I think... what other things CAN they use to deny it then? To me this reads that anyone diagnosed with ADHD qualifies, regardless of how well they might be doing. But I know that's not technically true, either, so.... what on earth?

Is the problem that the rules are not explicit enough? Why make it so difficult? They would waste less money on all the evaluations and appeals to denials of eligibility if they'd just include a ADHD diagnosis as qualification without exception for a 504. It's not like kids get that much accommodation with it.
I interpret the intent as this (I enjoy reading statutes):

The school has determined that your child having ADHD affects a major life activity. At the time this was determined, you were issued a 504 Plan. Now that mitigating measures are in place, they can not revoke your 504 Plan just because she might be successful with the mitigating measures.

Basically this - if you take away the mitigating measures, you'd be back at square one which would start the whole process to start up again. This yo-yoing is what that the line in the statute addresses and protects children against.


Here is a more legal analysis:

Before January 1, 2009, school districts had to consider a student’s use of mitigating measures in determining whether that student had a physical or mental impairment that substantially limited that student in a major life activity. In, "The Americans with Disabilities Act Amendments Act of 2008", effective January 1, 2009 however, Congress specified that the ameliorative effects of mitigating measures must not be considered in determining if a person is an individual with a disability.

Ask your IEP coordinator how Section 4(a)(4)(E)(i)(I) of "The Americans with Disabilities Act Amendments Act of 2008" affects your situation since under this Act mitigating factors are not to be considered when determining whether a student qualifies as having a disability (thus being eligible for accommodations such as a 504 Plan....).

Here is the Act for your reference:
https://www.eeoc.gov/laws/statutes/adaaa.cfm
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  #43  
Old 03-09-17, 01:15 PM
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Re: IEP cateogories and Assessment conditions

Thank you.

For those who are farther along than me in the realm of ADHD and in college procedures...

If a student does poorly in the first 2 or 3 years of high school, then suddenly does better the last 1-2 years, will colleges be leery that the student won't be able to maintain good grades when deciding whether to admit them?

'Cuz at this point I feel I need to let her fail to get a 504, then let her work her way back up. I feel I should stop reminding her to turn in her work, to do her homework, etc. And let her fail. But I'm scared to do that since we're so close to college.
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