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504 Violation

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rmet4nzkx

Senior Member
rtbrain, please goto edit profile and enable the PM feature.

In Asperger's:

VIQ is going to be normal to high/superior, telling me that is or PIQ high or that he scores high on verbal and math standardized tests is not unusal, there are specific deficits, which may in fact seem insignificant to you. I specifically asked how many points separate VIQ and PIQ? When were the tests taken? I didn't ask for FSIQ.

Highly verbal, this can be any combination of speech, written and or reading. Young children with AS are often seen as little professors because their speech is advanced as is their ability to memorize. So what you don't consider an oddity of speech is in fact a red flag. Has a speech pathologist evaluated your child? Over time with trial and error and tolerance of others they often settle into the normal range although somewhere near the fringes of normalcy.

Inattention and impulsiveness more so than hyperactivity as the child matures are hallmarks for AS, for slightly different reasons than ADHD, far too complex to expound upon here. These combined with high intelligence confuse everyone because while the child is clearly capable intellectually of appropriate behavior yet choose to act otherwise and fall back on defenses.

Insofar as the article, 15 years ago Asperger's Syndrome was not a part of the DSM-III-R, therefore is a child with Asperger's was diagnosed it was with ADD/ADHD, PDD, OCD, ODD, CD, ANXIETY, MOOD/BIPOLAR, PSYCHOSIS, PERSONALITY DISORDERS! ADD/ADHD being the Dx de jour for high functioning and or "gifted". Here is an article addrssing that from the ADHD perspecitve please remember the age of the child will be a factor. http://www.addresources.org/article_gifted_lovecky.php

Here is a link to CHADD there was an excellent article in their March-May ? 2003 issue if you subscribe. http://www.help4adhd.org/treatment/co-existing
http://www.chadd.org/fs/fs5.htm

http://www.addresources.org/enews_feb_2005.php
New Books related to ADHD

Different Minds: Gifted Children With AD/HD, Asperger Syndrome, and other Learning Deficits is written by Deirdre V. Lovecky and sells for $25. Recognizing the different levels and kinds of giftedness, this book provides an insight into the challenges and benefits specific to gifted children with attention difficulties. Explaining why certain children are gifted and how giftedness is manifested, each chapter on a specific topic addresses the relevance for children with AD/HD, autism and Asperger Syndrome. Lovecky guides parents and professionals through methods of diagnosis and advises on how best to nurture individual needs, positive behavior and relationships at home and at school.

Misdiagnosis And Dual Diagnoses Of Gifted Children And Adults: ADHD, Bipolar, OCD, Asperger's, Depression, And Other Disorders by James T., Ph.D. Webb, Edward R. Amend, Nadia E. Webb, Edward R. Amend Psy.D, Nadia E. Webb Psy. D, Jean Goerss M.D., Paul Beljan Psy.D, and F. Richard Olenchak PhD.
Our brightest, most creative children and adults are often being misdiagnosed with behavioral and emotional disorders such as ADHD, Oppositional-Defiant Disorder, Bipolar, OCD, or Asperger’s. Many receive unneeded medication and inappropriate counseling as a result. Physicians, psychologists, and counselors often are unaware of characteristics of gifted children and adults that mimic pathological diagnoses. Six nationally prominent health care professionals describe ways parents and professionals can distinguish between gifted behaviors and pathological behaviors.

Genius! Nurturing the Spirit of the Wild, Odd, and Oppositional Child* *Tourette Syndrome, Bipolar Disorder, AD/HD, and Asperger Syndrome by George Lynn, M.A., M.P.A., L.M.H.C. Genius! moves past survival strategies to give parents of children diagnosed with Tourette Syndrome, bipolar disorder, AD/HD, and Asperger Syndrome a practical plan for bringing out the best qualities in their kids while taking care of themselves in the process. It is based on the premise that the genius of neurologically different children is necessary for the survival of humankind. Through historical analysis, modern brain research, and the wisdom of myth, George T. Lynn shows us how the disturbing and wildly creative character of these children is required if we are to avoid stagnation as a species.


Even if your child doesn't have Asperger's, exploring this possibility may give you and his providers some insight as to how he might be helped

I'm glad you have finally decided to ask his current provider to consider this possibility.
 


HomeGuru

Senior Member
stealth2 said:
Well, I'm sorry, but I do think that parents have a responsibility to follow up on this sort of thing. Yes, the school is accountable. But - so are you.

**A: I agree but state that under 504, the school is required by law.
 
Are you all blind?

rmet4nzkx said:
Many persons with Asergers are brilliant,
I was really holding my breath on this post, but here it is.

And she can't even spell her favorite syndrome. :rolleyes:


No I am not stalking this person Rmet, I am not a previously banned person. I look around here all the time to learn, mostly about debt resolution.

But then She does this! She is a crazy loon folks. And you all think she is cool.


I feel sorry for you all.
 

HomeGuru

Senior Member
Ohreallynow? said:
I was really holding my breath on this post, but here it is.

And she can't even spell her favorite syndrome. :rolleyes:


No I am not stalking this person Rmet, I am not a previously banned person. I look around here all the time to learn, mostly about debt resolution.

But then She does this! She is a crazy loon folks. And you all think she is cool.


I feel sorry for you all.
**A: who are you talking about?
 

rmet4nzkx

Senior Member
Ohreallynow? said:
I was really holding my breath on this post, but here it is.

And she can't even spell her favorite syndrome. :rolleyes:


No I am not stalking this person Rmet, I am not a previously banned person. I look around here all the time to learn, mostly about debt resolution.

But then She does this! She is a crazy loon folks. And you all think she is cool.


I feel sorry for you all.
Thank you for pointing out the obvious typo, it is now corrected, although OP had no problem and understood the term. Believe it or not, the law allows for typos and the inference of the correct spelling etc.

Yes you are stalking me, that is obvious to all, some have even commented on that fact.

It is up to them to decide who they believe is a crazy loon and a simple typo is not one of the criteria. :rolleyes:
 

HomeGuru

Senior Member
rmet4nzkx said:
Thank you for pointing out the obvious typo, it is now corrected, although OP had no problem and understood the term. Believe it or not, the law allows for typos and the inference of the correct spelling etc.

Yes you are stalking me, that is obvious to all, some have even commented on that fact.

It is up to them to decide who they believe is a crazy loon and a simple typo is not one of the criteria. :rolleyes:

**A: according to my criteria, you are both crazy loons.
 

sisymay

Member
To the person who originally started this thread:
One of your replies here, you said that you bet many children don't get the services they need from schools.
You are very correct. When a child is eligible for services thru IEP or 504, MOST of the time the school does not follow them. MOST of the time the teachers don't even know the child has these services. And even though it is the schools responsibility by law to do these services, unfortunately more often than not, they don't do this. And, the parents always have to be the 'police' and make sure these things are followed, because there is no agency or anyone else mandated by law to 'enforce' the schools to follow the laws. And the state dept of education sure don't help. Believe me I tried. The state didn't even acknowledge the school did anything wrong.
It's not suppose to be this way, but it seems it has to be. I hate it.
One thing I have found helpful (sometimes) is to give each teacher a copy of the IEP or 504 plan at the beginning of each year, and let the teacher know what they need to know. It's the schools responsibility to make sure everyone has a copy of the childs IEP for 504, but they usually don't.
Now I"m not saying this is the case with all children. Most times the schools just don't want to let anyone know the child has services and just don't care.
I have even heard of school psychs and counselors who never knew children had these services. I don't know what's going on with the schools. Some parents have to go even as far as going to due process (court) to make the schools do these services. And schools go as far as even taking the parents to court to get out of doing these services. SAD....
 

mommyto 2

Member
I don't mean to sound confused but I am not sure why the 504 is even an issue? A 504 allows for accomendations under the rehab act, it is not for programing. An IEP is for accomendations and programing and also allows for discipline issues to be addressed under IDEA. So even if your son had or has a 504 it is not really the issue in this case.
If my memory is correct you son had "mooned" on a previous occassion and got off fairly easily! Then soon after he repeated the offense. I guess my question is why did he not learn the first time. A child with ADHD can and should be responsible for his behavior. This disability does not impair ones ability to know right from wrong. If on the proper medication, impulse control should be manageable. The ADHD and 504 arguement holds no water.
I would wonder how you son is able to interpret information, is he able to process information presented verbally, does he understand figurative and abstract language, is he able to problem solve. I believe you need to look into your sons issues more indepth in order to best provide him support and assistance. IS it Asperger's? It could be! The fact that you son did this behavior once and then repeated his actions has me concerned that he is not interupting social norms correctly. I am also concerned that you are trying to excuse his problems as ADHD and hide behind a 504.
 

rtbrain

Junior Member
Real quick, I have little time. I'll try to address more later.

I have said over and over my son deserves to be punished for his actions. The 504 is an issue. The school held a discipilne hearing while my son had an active 504. They should have done a manifestation meeting first. His behavior was impulsive which is related to ADHD. It was 3:00 in the afternoon so the medicine had worn off. He knows right from wrong but did not think it through. I am taking him to the dr. who wrote the article I posted earlier. I'm hoping she can help me and my son understand why in the hell he did it the second time. I stated earlier, social skills were suppose to be one of the services he was to receive. Maybe, just maybe if he had those services, he might have made better choices. As for me not making sure his 504 was being followed-Things were going well. There were no indications that I needed to intervene. I was hoping we could move away from the 504 as he got older. I don't feel I was wrong. I have done the best I know how raising my son. I may not do everything right in the eyes of others but I try to do the best for my son. Let me say this one more time-I'm not trying to get him off the hook. He is being punished because he was wrong.
 

sisymay

Member
If I'm not mistaken here, your issue is with the school not following the 504 plan? If this was an IEP, you would file a formal state complaint with your state dept. of education. But, for 504 I would first contact the person who is in charge of 504 in the whole district. It is best to go in order of the 'chain of command' to get it worked out, just in case something worse happens down the road, this will prove you did all you could to work out the situation. If the person in charge of 504 for whole district is no help, I am not sure but I think the next step would be is to file a complaint with OCR and/or ADA.
But, some people don't even give the school a 'warning' that they will be taking action. They just go ahead and file complaints or whatever. And I don't blame them LOL.
Like I said earlier, the www.schwablearning.org message board will know what to do.
I think I understand what you are trying to say here, that even though your son did do wrong, you are not trying to 'blame' the school for it. You are wanting to know what to do because the school is not following the 504. And others here ask why didn't you do something about this if you knew? And you didn't know. But even if you did know, the school is still suppose to follow this by law even if you tell them about it or not.
It is not the parents responsibility to 'remind' or 'force' the school to do their job. But, this is just how it is!!
 

rmet4nzkx

Senior Member
sisymay said:
If I'm not mistaken here, your issue is with the school not following the 504 plan? If this was an IEP, you would file a formal state complaint with your state dept. of education. But, for 504 I would first contact the person who is in charge of 504 in the whole district. It is best to go in order of the 'chain of command' to get it worked out, just in case something worse happens down the road, this will prove you did all you could to work out the situation. If the person in charge of 504 for whole district is no help, I am not sure but I think the next step would be is to file a complaint with OCR and/or ADA.
But, some people don't even give the school a 'warning' that they will be taking action. They just go ahead and file complaints or whatever. And I don't blame them LOL.
Like I said earlier, the www.schwablearning.org message board will know what to do.
I think I understand what you are trying to say here, that even though your son did do wrong, you are not trying to 'blame' the school for it. You are wanting to know what to do because the school is not following the 504. And others here ask why didn't you do something about this if you knew? And you didn't know. But even if you did know, the school is still suppose to follow this by law even if you tell them about it or not.
It is not the parents responsibility to 'remind' or 'force' the school to do their job. But, this is just how it is!!
You really need to read op's original thread a few weeks ago wherein she first makes no mention of a 504 plan https://forum.freeadvice.com/showthread.php?t=301850 then states that the 504 plan was discontinued when he went to high school because he was doing so much better. Now she is trying to blame the school on a technicality, now that her son lost his opportunity for a scholarship and is still facing felony charges of sexual misconduct and may have to register as a sexual offender. This has gone beyond the scope of the school.
 
rtbrain
Can you clarify the sequence of events?
I understood the behavior occurred while you son had a 504 Plan in place, not followed according to you, but in place.

I thought it was after both events occurred in Dec., 1st mooning removed from the bus, 2nd mooning recommended expulsion, that the school said, in Jan., that he no longer required the 504 Plan. You never signed him off of his Plan of accommodation.

Is this the sequence?

After the first event did he receive any supportive services through the counselor, etc.?

Was he out of school from before Christmas break when you say that the school said they were considering expulsion to the end of Jan. when they met? Did he receive some educational services during this time period, if he was removed?

If he was removed from the educational setting for at least 10 days, the school was required to complete a manifestation determination meeting, similar to an IDEA eligible student.
 
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