APE & LRE, 504 Plan. DMS

I’m a little confused as to why he doesn’t have an IEP for his health impairment and specific PE/OT goals that need to be met.

Hi Scifinut,

I do not know if you remember me and my son… I posted here a long time ago.

He does not have an IEP because our “district lady” refuses to give him one because his IQ is too high. She only wants to cram everything in under a 504 Plan.

Because he is independent using his bilateral forearm crutches he gets NO PT at school. Because he uses a laptop at he gets NO OT at school. Because we buy him clothes with out snaps and stop locks on his shoes he gets NO OT at school.

He does get transportation to and from school (even though we live very close because he cannot carry anything).

He does have an Aide that assists him with physical needs at school (Not with snapping his jeans… I’ll buy him jeans he can fasten thank you very much.).

His 504 Plan works pretty well. But not for APE and PE. On at least 4 different occasions the regular PE teacher had him do things that were clearly indicated activities that he should NOT do. The APE Teacher is a joke and wrote goals for him that were so medically wrong I had her rewrite them. For example she wanted him to do 14 sit-ups between Oct 2007 and Oct 2008. Sit-ups are NOT allowed and in writing per the MANY doctors that see and treat my son.

The high school has a REAL APE program and they have 5 different level of “needs”. The lowest being for kids in w/c and on ventilators to high functioning kids like my son or kids with high functioning Downs Syndrome. The thing that gets me is the high school WANTS him. They were the ones that first brought this up as a possible placement for him because they knew he was the ONLY kid at his school with physical disabilities and that the APE program at the middle school was not working for my son. (there are other kids with disabilities at his school but none other that has ONLY physical disabilities that simple accommodations are not enough for…)

Trust me I have fought the school to get him an IEP.

I requested again on Monday, in witting, that they give him SLP testing. I had he tested privately recently and she was shocked because he is 11 years old and does not say /s/ properly and put the /th/ sound EVERYWHERE.

On Monday I was told they will have a screening meeting but that the teachers do not have a problem with the way he talks. I asked then why has at least one of his teachers marking off on oral presentations because he speaks so fast and slurs his words. They agreed to the screening meeting but nothing else re SLP testing at this time.

Thanks for the reply.

DMS :-)

DMS,

First, I wish to inform you that the procedural safeguards of Section 504 are different than thos afforded by IDEA. Hence refusals and proposals of the 504 Implementation Plan Committee do not require a PWN or Prior Written Notice. However, you do have procedural protections to appeal a decision of the 504 team and that is usually by board policy to the 504 coordinator of the school divison, usually and unfortunately the special education director.

I’m curious of the multiplicity of your sons issue and they seem to be imbedded in motor and other sensory impairments. Does your son have any neurological/medical issues that would help to define his disabilities to the extent they impair his ability to learn. This is the standard to be addressed in considering Other Health Impairment disabilities under the IDEA statute.

My advice is to request a screening ot child study committee to consider your request of your child under the IDEA statutes as Other Health Impaired and request an evaluation for this purpose. Also, include speech, ot, and pt evaluations as well. I’m of the opinion you have a child that could meet the OHI standard. Please note, that once you request the IDEA screening type of meeting you then are afforded any/all procedural safeguards under IDEA which are quite comprehensive and procedural in nature.

Collaborate with the school division as much as practicable.

DRHD

DRHD,

My son has: Osteoporosis, Osteopenia, Delayed bone age, ADHD Combine Type, Diffuse Static Enceph, Sensory Processing Issues, Pain Processing Issues, Left Sided-weakness, Balance Problems, Dysgraphia, Dermagraphia, Asthma, legally blind but wears corrective progressive bi-focals, Speech (articulation) problems, Speech (meta-linguistics) problems, and I am sure I have left a few things off…

I have attempted to have them do the Child Find… they say he does not qualify for an IEP because his IQ is off so high (not Autism nor AS).

The school did provide me with my Procedural Safe Gaurds… you are correct that I will have to go threw the “gate keeper” aka the District 504 Supervisor… she is not at all going to be helpful. She is the one that refuses to consider anything that might remotely find my son eligible for an IEP.

He has OT and PT evals by the school 1 year ago… no deal. The PT said as long as my son was receiving APE services he did not need PT at school. The OT said no services because they (or we) accommodate him either before he gets to school or via his 504 Plan.

I have not had one person OUTSIDE the school look at my son’s case and think he should NOT have an IEP… they all think he SHOULD have one.

The school is going to do this Screening Meeting in a few weeks but I sincerely doubt they will even test him with SLP because they know he would qualify and thus get an IEP and I would want all the services he needs put on that IEP.

I have been told I cannot request another Child Study because they already have determined that he is not eligible. They continue to use their own old reports.

DMS

You can request a study and I think it would be a good idea to get your son an educational advocate. It sounds like he is being denied services to which he is entitled due to his physical needs and LDs. High IQ is NOT a reason to not consider eligibility.

DMS,

My goodness. Your little fella has had and still has a plethora of issues. He would appear to be a courageous young man.

Reading your response to my question is astonishing that this child has not been identified with an IDEA disability of OHI. Please bear in mind that the standard is the extent thatthe conditions you describe have limited his learning.I still have a few more questions. What state do you reside and how old is your son and grade? What is APE? What takes place during APE?

On another note, a child with a 504 disability has entitlements to special education and related services. I suggest that you Google Section 504 of the Rehabilitation Act of 1973 and read this for yourself. Part D is the reference to elementary and secondary education. Although 504 is every bit a civil rights piece of legislation, it’s applicability to public education involves the extent a child with an otherwise qualified disability has equal access to a major life activity, that being, education. So receiving special education is not the sole purview an IDEA disabled child but is applicable to a child with a 504 disability. It is clearly stated in the 504 statute. If you are informed otherwise this is not true, you are being misinformed.

In sum, please answer my questions as I want to search and review their state regulations that govern special education. All states have variance in their special education rules but all states must comply with the same federal rules. That simple.

I think there are some missing pieces to your situation as well. Have you had previous issues of impasse with this school district? Do I sense your expectation of this school divison may not be reasonable. For some reason, they appear to be somewhat adamant about the help they have provided to be reasonable and appropriate for your son. I just have a feeling there is a “flip side” to your dilemma. If I were to ask this school district to tell me about you and your interactions with this school district, what would they tell me?

Finally, you appear to have a wonderful child and who is achieving well and has adapted and compensated for his limitations. He will succeed.

Sorry for the lengthy message and I hope I have not offended you with my comments.

DRDH

DMS,

My goodness. Your little fella has had and still has a plethora of issues. He would appear to be a courageous young man.

Reading your response to my question is astonishing that this child has not been identified with an IDEA disability of OHI. Please bear in mind that the standard is the extent thatthe conditions you describe have limited his learning.I still have a few more questions. What state do you reside and how old is your son and grade? What is APE? What takes place during APE?

On another note, a child with a 504 disability has entitlements to special education and related services. I suggest that you Google Section 504 of the Rehabilitation Act of 1973 and read this for yourself. Part D is the reference to elementary and secondary education. Although 504 is every bit a civil rights piece of legislation, it’s applicability to public education involves the extent a child with an otherwise qualified disability has equal access to a major life activity, that being, education. So receiving special education is not the sole purview an IDEA disabled child but is applicable to a child with a 504 disability. It is clearly stated in the 504 statute. If you are informed otherwise this is not true, you are being misinformed.

In sum, please answer my questions as I want to search and review their state regulations that govern special education. All states have variance in their special education rules but all states must comply with the same federal rules. That simple.

I think there are some missing pieces to your situation as well. Have you had previous issues of impasse with this school district? Do I sense your expectation of this school divison may not be reasonable. For some reason, they appear to be somewhat adamant about the help they have provided to be reasonable and appropriate for your son. I just have a feeling there is a “flip side” to your dilemma. If I were to ask this school district to tell me about you and your interactions with this school district, what would they tell me?

Finally, you appear to have a wonderful child and who is achieving well and has adapted and compensated for his limitations. He will succeed.

Sorry for the lengthy message and I hope I have not offended you with my comments.

DRDH

APE = Adaptive PE. The student is 11 and in middle school, so I’m guessing 6th grade.

You sure are knowledgeable. It is nice to have someone on the board with knowledge of special ed laws. At first I thought you might work for a school district, but now wonder if you are an attorney, an advocate or like most of us here, a parent, who has been there and done that.

Thank you for sharing your knowledge/experience with us.

Kathryn

Kathryn, how very kind of you with your comments to me. Let’s just say for now that “I’ve been there and done that”.

It is my belief that all too often, parents and school districts get into trying to win battles rather than trying to win wars for children. By and large, I think school districts do a good job of trying to do the right thing for children. The problem is that there is an advocacy in all communities that promote distrust among parents and the school districtss. It is bad enough to have a law like IDEA that is adversarial enough the way it is written but to have parents and school districts at odds over “this and that” just doesn’t make sense. It moves the focus away from the child. Generally, parents need to put down their swords, leave their advocates at home, and problem solve with those in charge of school district resources to improve the quality of education for all children and not just their own.

Kathryn, have a pleasant day.

DRHD

DRHD,

I will attempt to answer all your questions (this is very long):

We live in Illinois. My son just turned 11 years old this April. He is in the 6th grade taking ALL CORE gifted 6th grade, gifted 7th grade, and an 8th grade class at his middle school. He is with “regular” 6th grade kids for Encore classes (music, art, computers, and shop…). He takes 6th grade PE and is the ONLY student in his school to need APE (Adaptive PE). Other kids may need PE accommodations but they are simple fixes and or they have an IEP or get OT and or PT instead of PE class.

APE for my son is supposed to provide him with physical accommodations as well as equipment accommodations in the regular PE class. There is not an APE class by itself… he is the only kid. For example, when they did the Volleyball unit he used a “safety-ball” which is lighter and would not hurt him if it were to hit him hard. He was allowed to “serve” the ball standing nearer to the net. However, he was not allowed to play in any games… only SKILLS pre his doctor’s documentation because the school would not ensure his safety. The school’s position is “we cannot tell or prevent other kids from knocking your son to the floor because that would impede the other child’s right to participate in PE the way “typical” kids participate.” The school also has said “it is not our job to ensure his safety in PE because kids are not aware of their own surroundings and asking the “typical” kids to be careful around you son is just not realistic nor possible.”

What APE looked like most of the time for my son this year was him sitting alone in the LMC (library) by himself… OR having his regular PE teacher having my son do things that the doctors have clearly documented as things my son cannot do. For example, in Nov 2007 on the first day my son was allowed to participate in PE the teacher had him lifting weights. When my son complained to the teacher that the 10 pound weights were too heavy and were hurting his arms the teacher told my son “that is because you do not use your muscles and are weak and that is the lightest weights we have on that equipment.” When this same teacher handed my son 2 pound dumbbells and he could barely lift them over his head and again complained of pain the teacher told my son “well, what do you want me to give you? This is weight lifting class.” My son’s doctors had written that my son not lift more than 2 or 3 pounds as he was able due to his many physical disabilities. In Mar of 2008 this same PE teacher had my son “power walk” using his forearm crutches for 15 to 20 minutes. First the PE teacher put a heart strap monitor on him and told my son to get his heart rate up and keep it there for the 15 to 20 minutes. My son attempted to do as he was told. When he complained of fatigue and pain and how difficult it was for him to continue this same PE teacher told my son “you are not allowed to slow down you are not done.” The PE teacher recorded my son’s heart rate between 160 and 193 BPM and yet still wanted my son to “work harder”. Power walking is indicated as an activity my son is NOT allowed to do. Last week this same PE teacher wanted to place my son on a “special heart monitor” at school which would provide the PE teacher a graph of what my son’s heart rate did during the school day. He told my son it was BETTER than the 12 lead EKG and 24 hour halter heart rate monitor that his Pediatric Cardiologist has my son do. My son was told to go walk outside in Nov 2007 with his Aide for PE without a coat, hat or gloves. It was too cold for the “typical” kids but the PE teacher did not want him in class that day. My son has “participated” in about 21 days of PE this year. Some days his “participation” means that he was allowed to watch the other kids during the class.

My son has an Emergency Care Plan at school which addresses his Pain Processing Issues, Sensory Issues (he cannot always tell hot or cold for example) and his many other medical issues. The PE teacher has never sent my son to the nurse as per the ECP nor have I been made aware of what happens in PE until my son comes home from school.

This is why I requested that my son be allowed to have his PE / APE at the high school next year. They have a program and he would be allowed to participate every day and within the medical limitations set by his doctors.

My son currently has an Aide that assists him with physical tasks such as: getting him on and off the spec ed bus; carrying his school laptop, school book bag, books, sit-n-move seat, supplies; fine motor skills like cutting, gluing, power tools (shop class), dictation, opening things like milk or food containers; after school activities such as Student Council and model club; completing state testing, district testing, school testing, classroom testing…; on field trips; and to assist him in PE class.

The schools position is that as long as they provide him with enough physical accommodations he does not have any educational impact. They provide him a school laptop and scanner because he has dysgraphia and writing for him is so painful. They provide him an Aide, extra time for school work, alternate passing period (he leaves about 5 mins early to go to the next class), the use of elevators, allow him to use his forearm crutches (I always find that one funny… really…how else is he going to walk!).

The school also contends that since he is independent with walking using his forearm crutches they do not have to provide PT. They provide him with AT (assistive technology ex the laptop) so he does not need OT to address fine motor skills. In the past they have just refused to address his speech issues… we will have a screening meeting to address this once again in a few weeks.

I would have to say that the “turning point” in our relationship between the school district happened when my son was in 3rd grade. He got a new principal and she wanted to clear her school of as many kids on IEP and or 504’s as quickly as possible. He has had a 504 Plan since Kindergarten. She decided that my son was smart enough that he no longer needed a 504 Plan nor any of his accommodations. She revoked his 504 Plan on the spot the end of 3rd grade. We did not have an advocate and did not know what to do. Prior to this we worked very well with the previous principal. We were shocked and blind-sided.

I bought my son a laptop for 4th grade and took him and it every day to the school. For the most part his 4th grade teacher allowed this and he did well in school. He became very ill in Jan 2006 and missed 6 weeks of school (liver problems and we were just learning of his Osteoporosis during 4th grade). My son also had 3 spinal fractures with one leg fractured in 2 places and the principal refused bussing for my son. He began using the forearm crutches in 4th grade (prior he used regular crutches). I hired an advocate and got his 504 Plan back with the addition that the school would provide the laptop and bussing. The principal and the gate keeper “district lady” did not want to provide bussing because we lived exactly 1 mile to the school. My advocate had to explain how he was to walk to school and we were told for me to drive him. It is amazing how when you repeat something real slow that other people see that our request for transportation was needed and put pressure during the meeting on the principal and the district lady to provide bussing.

So, beginning when the new principal took over the start of 3rd grade, she refused to accommodate my son in PE. My son’s doctors were livid and said if they were not going to provide a safe PE class for him he was not to do PE. My son did not do PE for nearly all of 3rd grade and none in 4th or 5th grade.

I would have to say that the district lady sees me as someone that is willing to work with the school and willing to volunteer as much as possible but I also want them to provide an education at my son’s level. That includes both his disabilities (like APE) and or his giftedness (like the class schedule he has now with mixed grades… they wanted him to just sit in the LMC for 2 class periods a day because they did not have classes at his level and this was in addition to his sitting in the LMC most days during PE class). I think they see me as being willing to ask questions which can upset them at times. For example, my son was found eligible for APE last May but did not have an APE teacher assigned to him until ¾ the way through Oct after I asked the IEP Supervisor who my son’s teacher was. And the APE teacher did not write goals or a program for him until well in to the second quarter this year. So, I have been known to ask questions and when I do not get an answer after repeated attempts I am willing to go “higher up” the chain. This I do only after I have attempted to go through the “proper chain”. But, that may place me in the “pushy parent” box. I also request to see things in writing like my APE goals or the District Policy that states they cannot write specific AT on my son’s 504 Plan (this does not exist…).

I see myself as someone willing to work WITH the school and his teachers. I think his school does a pretty darn good job EXECPT anything having to do with PE or APE for my son. I regularly give positive feedback to his teachers and especially his Aide both verbally and in writing. I like his middle school principal and nearly all his teacher (not the PE…) and I do think the teachers really do want to work with my son and that they like him. My son likes all his teachers (except the PE and APE…). He likes going to school. In elementary school he was bullied for being so smart and disabled. He was sent 18 times from the elementary school to the ER! The culture at the middle school is so much BETTER for my son than at his elementary school! Night and Day!

I think I pissed them off in 4th grade and have not gotten back on the district lady’s “good side” since.

I have never threatened to sue or even hinted at this. I am not that way. I prefer to sit and discuss things. It really gets me when the TEAM decides things without my input before we can even discuss it. For example, they decided APE at the high school was out without even allowing me to state my side. I get that they are not always going to agree with me. I do expect that I am treated with respect and that I get to be heard. I could live with the TEAM’s decision about the APE if I felt like I had an opportunity to share and we have a conversation.

For me, sometimes being heard is just as important as the outcome… After all, this is MY child we are talking about. However, I am not going to argue a point that is dead. I do know when to move on.

Maybe this is one of those times. Maybe I should just not have my son in PE at all next year. I know this may sound like giving up but not necessarily. My son wants to participate in PE with the other kids. But he does not want to just sit and watch. He would rather sit in the LMC and do home work or write more code…

I am not going to decide about giving up on APE next year (regardless of if it is at the high school or the middle school) until after a few more medical appointments in May and June 2008.

Now, I know this was long. I hope I covered all your questions.

Thanks for taking the time to read this and to reply.

Hugs,

DMS

DMS,

Thank you for such a comprehensive reply to my questions and you have provided much to fill in the missing pieces. You live in a state that is quite established in their rules and regulations that govern special education Your son also appears to be truly a special young man and quite courageous as he faces the challenges of day to day life in a middle school.

I want to process what you have shared as you have shared a lot. On a personal not, I think the Principal of the middle school needs to have a remedial attitudinal adjustment session with your son’s weight lifting class teacher.

Have a nice evening.

DRHD

DRHD,

LOL, I agree about having the Principal having a “remedial attitudinal adjustment session with your son’s weight lifting class teacher”!!!

Thanks for your reply… I await your next reply.

Have a nice evening, also.

DMS

Dms,

I regret it has taken me so long to repond to your detailed response. I have reread all of it and I would like to suggest several things to you. Pleasenote the following:

1) I am truly perplexed of how this school district distinguishes between who and who doesn’t qualify for a service. I am also perplexed about once a child is determined “non-eligible” that the issue can never be raised again. If what you describe to be true this school district is qite vulnerable to the worst of outcomes as it pertains to Section 504. Section 504 is a civil rights legislation that protects the right of access of a handicapped child to be afforded a free appropriate education. Accommodations and modifications that would include the APE are simply a part of the services provision as appropriate. Once any service or modification is refused, you should request a statement of what they are refusing in writing. Please note, you are not requesting Prior Written Notice but just a statement of what is being refused for your records.

2) I admire your son with all the issues he has. I do understand many of his diabling limitations and each and every day is a major task for him. I am humbled by his needs he presents but he seems to do his level best. Your role as ‘mom’ is 24 hours a day and you are to be commended.

3) This issue of whether he is a 504 child or a child with an IDEA disability is an unfortunate dialogue. The school district is swallowing an elephant and choking on a gnat. My advice is to secure the services of counsel and forward a letter to the Division Superintendent of Schools and request an evaluation that would have your son considered for an IDEA disability. Being gifted does not preclude having a disability. Being in APE does not mean the child does not need PT. I think it is time for you to take your concerns to another level and hope for the best outcome possible.

Best wishes to you and your son.

DRHD

There is NO reason a child who is gifted cannot also have additional needs requiring an IEP. I speak for experience: my eldest has neurological issues, epilepsy, dispraxia, dysgraphia (his handwriting still looks as if he dipped a couple of chickens in ink and waved goodbye), and a few other problems. He recieved services (PT, OT, APE, and assistive technology, once it became available)for his issues all through school AND participated in the GT program. No questions. He is now 40, has a masters, a great job, and a family.

PE is, at least in the states my family has been stationed in, a required course for some number of years. It can be said, then, that your child’s medical issues impact his ability to “fully access the general education curriculum” ( use those words- start learning “educationese”- it really helps!).

Request, in writing, a full evaluation ( some call it a “four core”), noting that a 504 plan has been tried and has not met his needs. Bring all medical documentation. Remind everyone that his IQ is not the determining factor and that OHI is, indeed, a category that can, and should be explored and used.

You might want an advocate, too. My experience as a special ed teacher with over 30 years of experience (and a doctorate in special ed) has been that most parents are not “overbearing” and most are only trying to get help for their children. I have worked in districts that bend over backwards for the students and with a couple that did everything in their power to have NO special needs students in their systems if they could avoid it, plus a few in the middle.

Good luck.

K

DRHD and Kaysed,

Sorry I have not answered your posts… please forgive my lateness.

I do have a Advocate and she does attend the school meetings with me… I schedule the meetings around HER availability! LOL.

I am not sure I will ever get the school to provide my son FAPE in PE/ APE… I may have to face that and just not allow him to participate until he is at the high school level.

Having said that my son’s private PT began testing him and will complete this testing next week. Then, I will have a better and accurate understanding of where is PE abilities lie. I did ask the PT is my son should be forced to run the mile run at school. His answer: “Oh, G-d NO.” Then we both laughed.

The school is not being realistic about my son’s abilities and for them to insist my son is as “typical” as all his grade peers is truly laughable.

My son will be seeing his doctor at Children’s Hospital over the next several weeks and I will know more then, too.

I will wait to see what his doctors say before I go above these people’s head and to the Supers’ level…

On a different note, the school has agreed to SLP testing and has already begun the observation process. I received a phone call from the middle school and at one point they use the words “IEP” and my son’s name in the same sentence! They have never done that before!

Maybe if he gets an IEP for speech (I think he will as he does not say his /s/ and puts /th/ everywhere) I can have the other issues addressed on the IEP… Just a thought.

Of course, the school official stressed to me that IF he gets an IEP he will no longer have a 504 Plan and they will have to “rethink” his current accommodations…

Regardless of where he is or is not for PE next year we will continue to work to improve his physical abilities. We already signed him up for the neighborhood swim team (this will be his 3rd season).

Thanks a ton for all the replies and insight. I will continue to post.

Hugs,

DMS

DMS, this is correct. A child cannot be a 504 disabled child and an IDEA disabled child at the same time. However, an IDEA disabled child has 504 protections.

DRHD

Tweet! This is a clear case where the expression ‘raise holy hell’ is a description of what must be done. If they are not listening to you, then use a language they will understand. Pose a financial threat, and suddenly it will be “How can we help you and your son??? Oh yes ofcourse you have concerns… Please sit down, lets talk about them and come to some reasonable conclusion.” And suddenly there will be a half baked solution presented offering you a very small bone when compared to the large one they will be walking off with, leaving for your son only a tiny piece of a hamburger…. Not good. But ofcourse even that won’t be offered till they see you as a threat. I advise getting a few good lawyers (Or students in the drama program at the local university) And marching them in and saying you thought it prudent to bring your legal team related to the matters of your son’s disabilitys, to the meeting…. Then try talking. I think you will be heard like someone talking into a speaker thing directly into an ear. My mum used this aproach all the time when i was a kid, bringing in a team of lawyers when she thought they were not paying attention. If anything in this world is worth raising holy hell over, it would be one’s child. So go ahead. And do not be ashamed. Be proud of your strength in showing him how to advocate tough when he is not being heard. The disabled are often neglected and ignored, especially if they don’t know how to advocate for themselves in a way that is unignorable. So give him an example. And as he grows up involve him more and more and teach him to be his own voice. Right now though society does not recognize his voice as he is under age, so it is your voice that must be heard. Have fun raising holy hell! And best of luck to you and your son….