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504?  IEP?  What's Best for EDS, POTS, and Sensory Integration Disorder? Notes from my Inbox.

3/1/2016

1 Comment

 

​Hi Mari,
 
I’m working with a family and the child has EDS III, POTS and sensory integration disorder. They are fighting for an IEP, has taken years. Can you summarize an argument for why 504 should be rolled over to IEP, something more from a legal perspective?
 
Thanks for any guidance you can provide!

Answer:  Focus on needed accommodations and services

Thanks for asking!
​​
Patients with EDS, POTS and Sensory Integration Order can suffer from a constellation of symptoms that make it difficult for a student to successfully access their right to  a "free appropriate public education" without the provision of accommodations and services.

Students may have symptoms that make "standard behaviors" -- such as sitting still through a class period, tolerating a noisy assembly, successfully navigating passing periods without self injury, or managing daily attendance -- difficult or impossible.
"Students may have symptoms that make "standard behaviors" ... difficult or impossible."
No matter how it gets done, make sure to get it in writing.
​Schools vary on whether these challenges can be met through 504 or IEP.  From a legal perspective, it is my opinion that they should have both: 504 should cover accommodations and IEP should cover services.  From a practical perspective, many schools provide 504 when only accommodations are needed, and only IEP (with 504 accommodations rolled in) for students who also require services. 

However a school chooses to implement the accommodations and services from an administrative perspective, it is important for the student and the school to legally document the framework within which the student should be able to fully access his or her free appropriate public education.

Potential Accommodations:

​
Potential accommodations may include:
1. Pass to see nurse, social worker, or case manager throughout the day as needed.
2. Pass to keep and consume water and snacks during classes.
3. Pass to use elevators.
4. Pass to leave class early or arrive late, in order to avoid the crowds in the hallways (note, many teachers give assignments at the end of the class; if that is the case, the student would be wise to choose to arrive late to the next class).
5. Exemption from tardy/absence policies.  Specifically, students should not be penalized or disciplined for these events.  Records should reflect that medical condition is cause of attendance record, so as not to trigger truancy or other escalation policies that are not intended to penalize for medical conditions.
6. Assignment modifications.  Exemption from formatives, provided that student is prepared to take summatives successfully.  Exemption from late penalties.  
7. Test modifications, such as modified test environment, extended time to complete tests, breaks as needed.
8. PE and other non-academic exemptions as needed.
9. Modified schedule to improve attendance rates as needed.  Note that students should be placed in courses that are appropriately challenging and with their academic peers.  If a student is not able to tolerate a full day schedule, allow student to extend HS tenure up until age 21, until all credits are earned for graduation and/or college requirements.

Potential Services

​Services that may be appropriate
1. Intermittent homebound instruction.  At the start of the year, tutors for each subject will be identified and pre-approved by the school.  Student shall be able to access  tutoring once absences occur.  Times shall be scheduled by student, parent, and tutor with no further pre-approval required for each session, provided that they fit within the metrics defined in the plan.
2. Modified PE; modifications in other classes as needed.
3. In- school PT and OT.
4. Assistive technologies, such as screen readers, dictation software, equipment to transport stuff.
5. Assistive devices, such as canes, walkers, wheelchair, or service animal
6. Services from Aides, such as assistance scribing, reading, and safe navigation through the school building.
"The exact constellation of challenges and corresponding appropriate accommodations and services is unique to each student"
The exact constellation of challenges and corresponding appropriate accommodations and services is unique to each student.  The goal of these services to to ensure that the student is able to access his or her "free appropriate public education."  As such, these conferences are ideally collaborative and cooperative, to allow the student to successfully navigate his or her high school career with the education most appropriate to his or her personal development.

Good luck.  If you choose to hire someone to help you navigate this journey, I am available for consultation and for participation in meetings with school representatives.

Mari Hoashi Franklin
Attorney at Law
847-977-9051
[email protected]
www.MariFranklinLaw.com
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    Mari Franklin is a counselor at law who specializes in helping students secure accommodations at school.

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  • Home
  • Services
    • School Accommodations >
      • About Me
      • A Parent's Perspective
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      • Notes from My Students
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  • Contact
    • GettingStarted
  • ChildLawBlog
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  • EDS: a teenager's expression of what it's like