My Son Has C A P D I have started a 504 with the school, He needs a FM system. School doesn't want to provide.

Question

My son was having a hard time in school but was doing to good for any testing or services. Iv'e had him tested we started with dyslexia, that led to check for ADHD inattentive not either one of those, its taken almost 1 1/2 year to figure out it was CAPD. The Audiologist and his Ped Doctor were the best. He sill has to be tested for Dysgraphia Now the school doesnt want to Provide a FM system for him. They have Only one audiologist in the county looking at his paper work. This could take forever to get anything back shes reviewing his testing. I have been told the school should be doing a IEP not a 504 they still dont feel any things wrong with my son. He failed his Eogs but retested and passed last year. They have a PEP in place for that. I am really tired of waiting hes missing so much. Any advice Julie

Answer 1

you said he still needs to be tested for dysgraphia.  Will this be done at school or someplace else?  It sounds like you are in a rural area, and that by itself can make it harder to get services, no matter which plan you have.  I don't know what a PEP is or EOG's (those must be state or local terms, not federal ones like IEP)  

It sounds like he has a medical condition, which is why he got the 504.  He could possibly qualify as a student with an Other Health Impairment (OHI) if the team can prove CAPD has an adverse effect on his learning AND that he needs special education services.  A lot of people miss that last part.  If your student needs accommodations, then he wouldn't specifically qualify for an OHI.  The school may see that he has needs, but it's not severe enough to warrant special education services.  If he's making good grades with accommodations, that may be why they feel his CAPD doesn't have an adverse affect on him.

Answer 2

You have to right for an IEP evaluation. Under the law you son is guaranteed to receive an education that is the same as any other child's even if he needs special aid doing this. Here is a link for IEP and the process. The school cannot refuse you as this puts them is violation and you would them have grounds to file a due process against the school administration.

http://www.coping.org/specialed/iep.htm

Another link about due process and your child's rights.

http://www.cesa6.k12.wi.us/specialed/Par...

Answer 3

Yes your child does need an IEP and not a 504 plan. IEP is 'special education' and 504 is not.

Special ed helps the child LEARN to do the things he can't do.

504 only helps the child cope with what he can't do.

You have a legal right to ask the school to see if your child can qualify for IEP (special ed) the way to get this started is to write a letter to the district special ed director -

THis letter is to request an initial full educational evaluation testing in all areas of suspected disabilities to determine if my child can qualfiy for special ed services as specified by IDEA law.

THere will be lots of things they will say to get out of doing the testing. So you will need to learn teh special ed laws at www.wrightslaw.com

The special ed process is VERY long and complicated. Schools knwo that parents dont' understand it all so they use it to their advantage to get out of helping the child.

With a 504 you don't have as many rights as with IEP (special ed)  with 504 you do not have any legal recourse to take if the school doesnt' want to help, but with IEP plan you do. If they refuse any help for a child with an IEP plan, there are things you can to do counter act this.

If you need help please email me [e-mail]