Back to School: Dealing with 504 Plans and IEPs

It's Back to School time, and for a lot of us, that can mean a return to stress related to our tricky kids. According to IDEA, the Individuals with Disabilities Education Act "All children are entitled to a free and public education in the least restrictive environment " What does that mean and how does it apply to your tricky kid?

Today Stefanie goes over 504 Plans and IEPs. She explains what they are, who qualifies, how to implement one, and how to make sure the law is being followed.

Hopefully today's episode helps give the tools to advocate for our tricky kids.

Websites mentioned in today's podcast are listed below.

https://www.ncld.org/get-involved/learn-the-law/idea/

https://www.understood.org/articles/10-smart-responses-for-when-the-school-cuts-or-denies-services

https://sde.ok.gov/sites/ok.gov.sde/files/IEP%20preparation%20sheet.pdf

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

A Podcast for People Raising Tricky Kids

Transcript

  📍   Hi, villagers. And welcome back to where the F is my village. So lodger here. I hope everybody is surviving. Okay. I know in this part of the country where I am. That a lot of schools are starting and people are posted on Facebook, all their back to school photos. And everybody's so cute. And my kids start in a week and we start on a Monday, which I just have to say is the worst day of the week to go back to school. 

I think it's really hard for the parents. I think it is really hard for the kids. I think it's really hard for the teachers. Because my kids, the first two weeks of school. Our little monster, little emotional monsters. After school and on the weekend for the first couple of weeks. Because they have gone from a very loose schedule, even if they've been at camp. 

Being, or even if they've been doing like some kind of summer daycare, when you go back to school, it's just a different level of connection with people. Constant input. Go go, go. And they're having to get up earlier than they do during this school year. I mean, during the summer, And so all of these contribute to grumpy, grumpy bears. So our policy at our house is like at least the first 10 days of school, when they come home. 

They can watch TV. They can play on their iPads. They can literally do whatever they need to decompress as long as they need it. And we make dinner as simple and fast as possible, and we try to make very little eye contact. Of course, if they want to talk to us about their days and tell us how things are going, we want to talk to them. 

But asking like, anything of them, as far as anything additional, like you guys, Jen Hatmaker says this so well, if you don't know Jen Hatmaker, she is a great author to follow on social media, but she puts it this way. She's like, Do not fall into this trap, do not go to a celebratory dinner the first Friday after school. Cause yay. We did it. Don't go get ice cream. After the first day of school to celebrate the first day of school. 

Because there you're like handling little live grenades. And that is more than they can handle. So anyway, we started a Monday. I think here's ideally the ideal day to start is like Wednesday. So you go. You see everybody, you, you know, maybe even start to learn some things, learning the policies and procedures of your classroom, and you know, maybe getting to know a new teacher. And then by Saturday you're exhausted, but you have two days to recover. 

And then the following week where you have a full week is easier. We are starting on a Monday. I have a feeling it's because the, um, you know, we have a. We go to a private school. That's basically like preschool all the way through 12th grade. And I think the upper grades like middle school and high school are in a block schedule. 

And it probably is a little chaotic to start in the middle of the week. They usually have the most amazing strategies for why they do everything. So I am going to give them the benefit of the doubt, but. Is going to be rough. So we have one more week of summer at our house. We are starting kind of after everybody else. 

So little update on what's going on at our house. First of all tricky kid. I last week, tried to explain my understanding of the gene site, genetic testing. And how basically. He has a mutation on his C O M T gene that causes his body to do a poor job of removing dopamine from his body. And we have been giving a stimulant that slows that down even more. 

And my research shows that if you just have a constant buildup of dopamine in your body, you can have severe anxiety. So anyway. We stopped giving him his stimulant. On a Saturday morning. And Saturday and Sunday were rough, but not as rough as it we've had situations where like we gave him a medication that didn't agree with him. He was just cranky, cranky, cranky. 

And I was like, this is not better. Um, That night though. I will say that that time went a whole lot better. He was much less freaked out. Much more settled. Uh, we didn't have to stay in his room until he fell asleep. So his anxiety, even at first. Because his body was starting to kind of process the dopamine rather than being given more dopamine. I think it was getting a little better. 

So day by day. He. Started getting used to not having that stimulant. We did start Straterra, which is a non-stimulant for ADHD, his on the teeniest tiniest little pill. Um, I think that is helping a little bit. I he's still somewhat hyperactive hyperactive. I can totally deal with debilitating anxiety. 

And bubbling over of emotions into anger is way less preferable to me. So if he's going to bounce around the house, that's fine. And even that has gotten better. So he's to the point where at bedtime he needs hardly anything even to help him fall asleep. That's crazy. 

Because he doesn't have all this dopamine in his body. That's like raging. It's like impossible to sleep. If your brain is just like binging me mean dopamine. So he's been sleeping better. Um, Anyway, it's been kind of fascinating to watch. And then the integrated medicine. Dr that we. Are seeing. Recommended. 

Some supplements. 

And those supplements are basically. First of all in all of the research, like every single. Person that took the time to write about the COMT gene mutation. And the empty H F R. Mutation. Talks a lot about how their body just isn't processing and retaining certain nutrients. 

So. As many of you may know. Not all supplements are created equal. So that can be a little overwhelming to search for those things. So I relied on. Uh, her expertise and the brands that she likes. And so he has started taking those. He really, really, really hates the vitamins. I guess the taste disgusting. 

Um, yesterday, we tried to break one of the. Supplements that has all kinds of like crushed things like ashwagandha and. I don't know all this other stuff in it. And put it on yogurt. It smelled so terrible reacting with the yogurt. That grace and was dry heaving and I don't blame him. It was nasty. 

So we went back. We went back to him, swallowing the pill hole. Um, And I just, he really doesn't enjoy them. They're a little bit bigger. And I think on his tongue and in his throat, as he swallows them, it tastes gross. And I just had to explain to him. That. These medicines are helping you feel better. You're feeling good, right? You have been more settled. You're sleeping better. This is all great. Great. 

Okay, so please take these pills. You are taking these pills. So. 

That has been going well, what has not been going well? Is that I took all three of my kids to the eye doctor and two of them need glasses. And one of them is like, I'm so excited. I need glasses and he's so cute in his glasses. And then of course my tricky needs, tricky kid needs glasses. He has always needed glasses. 

And we have never been successful in him getting to where them. So, but now his vision is to the point where reading and like probably work. You know, just close work desk work. He can't see very well. I don't even know how he assembles Lego sets based on what his vision is. So he needs to wear these glasses. So we have had. 

A lot of big feelings and grief. On needing glasses. And, you know, Kids just really can just take anything and be upset about it. Right? I mean like kids. 

Having to wear glasses is a very big deal. If you're 10. Actually some kids, me and my eight year old doesn't care. He's excited, but. If it's going to bother you, it's a big deal. And his fears are no, one's going to sit with him at lunch. His friends won't talk to him. The second they see him on the first day of school, they're going to turn around and walk away. 

Like these. Big fears. And so we've had to work through all of that. And we tried contacts. We've made it two days and that was a disaster. Um, so anyway, He has this glasses. And he has been wearing them. When he has been playing on his switch. He did mention yesterday. That he could see better. With them on. 

And I have just tried to not make it a big deal at all, that he has managed to put them on his face. But we literally, what I did was we went to lens crafters in the mall. 'cause. I was like, I got to get this bandaid ripped off, so I it's probably the most expensive place on the planet to get your glasses. 

But went there. First of all before we went. I was like, I will take you to the brand new Lego store. And I will buy you a $40 Lego set. If you can make it into LensCrafters and with a good attitude. Try on some frames, let's try to find something that you like. And then we'll go to the Lego store and get something. Well, that was a great deal for him. He is so excited. He was so excited about the Legos. So he had a pretty good attitude and then the glasses store trying them on and we found some that worked. 

So we went to the Lego store. Picked out his Lego set. Little brother is there little brother is also getting glasses. So I had to get him a Lego set because it's not fair. For the one who is being compliant and excited to also not get a reward for. Whereas glasses. So I had to have two Lego sets. But you guys, I bribery. 

Is sometimes just the only tool you have when you have a kid that is just this fixated and worried about something. So while we were in there and they had some crazy expensive Lego sets, like 800, $900 Lego sets. I said. Let's walk around and I want you to find. A hundred dollar Lego set. And that Lego set. If you happily wear your glasses all day at school. 

And your teachers say you are actually wearing them. On the 10th day of school, we will go to the Lego store. And by that Lego set. So that is currently incredibly motivating to him. However, he has been known to be willing to throw everything he owns in a fire. Before he backs down on his opinion. So we'll see how it goes. As we get closer, we do have meet the teacher on Friday and I feel like that's a perfect time. 

To where the glasses. So we'll see, I don't know. We got six days between now and then. So that's how things are at my house. I literally was talking to Casey and I was like, why is our trickiest kid also need glasses? I just. 

Is, it just seems really unfair. Like, could he at least have a win? I don't know. He didn't have any cavities. Last time he went, we went to the dentist. So that was nice. But I just, I don't need more layers of complexity on parenting this one. So if we could just have a few things go easy, that'd be cool. 

Meanwhile his school, you usually have the same teacher for fourth and fifth grade. They're combined. So cool. His teacher loved him. Got him. Everything was great. His teacher has moved to middle school. So she's going to be teaching different grade. So he's getting a new teacher. Awesome. At least he's going to be with the same students as last year. That'll help. 

So. He hasn't expressed any nervousness yet about the fact that he is having a different teacher. So that's good. Okay. This is what we're talking about today. Guys, we are talking about. 5 0 4 plans. And I E. And I have like five pages of notes. 

There is so much to it, but I just thought as we are all getting ready to go to school. Are tricky kids potentially need.  Individualized education plans. Or a 5 0 4 plan. And if you don't already have one in place, we're going to kind of talk about how to get that ball rolling. If you already have one in place. 

This might be. Incredibly informative on how that should be going and be managed and kind of tips for how to go to your school. If they're not complying or things aren't going well. So. It's a lot of information and I'm going to have some websites that I'm going to put up. On the podcast. Page so that you can. 

You know, do further research for yourself. But. The first thing that I wanted to talk about is an order for a school to have to offer this. They have to receive federal dollars. So even if your school is a public charter school, a public magnet school. If they're receiving federal dollars, they must comply with federal law. They can't say, oh, well this is a charter school. We don't have to do that. Or, oh no, this is a magnet school you had to apply to get here to whatever, like, Nope. 

You get federal funds. You have to comply. Most of what I'm going to be talking about is regarding kindergarten through 12th grade. However more and more universities are putting. Or respecting existing education plans. So for instance, my husband was a professor for a few years and there were students that. 

Uh, as a part of, you know, Their deal. They got extra time on tests and some other assistance. So many universities are respecting this stuff going forward, which is why it's important to have this stuff in place, because if your kid is going to go. And start taking things like the act and sat or needs to be able to sit in a college classroom. 

And take these big, long tests. This can be helpful on down the road. 

I got a little bit of a chart here. Comparing the difference between an IEP and a 5 0 4 plan. So an IEP. Is actually provided under the individuals with disabilities education act. So different laws apply to an IEP. Than a 5 0 4 plan. The 5 0 4 plan is literally section 5 0 4. If you're ever wondering why it's called a 5 0 4 plan section 5 0 4 of the rehabilitation act of 1973. So you're dealing with. 

Two different laws. The IEP law is it's a federal special education law for children with disabilities. The 5 0 4 law is a federal civil rights law to stop discrimination against people with disabilities. So they operate a little bit differently.  Some differences between IEP and 5 0 4 plans. IEP is a blueprint or plan for a child's special education experience at school. 5 0 4, a blueprint or plan for how a child will have access to learning at school. It's a little bit different. What it does is provides IEP, individualized, special education and related services to meet the unique needs of the child. 

Those services are provided at no cost to parents. So this is for children with learning disabilities that are inhibiting their ability to learn. And. These children might be  pulled out. They might go to the special ed classroom, or they might receive tutoring from the reading specialist. 

They might receive these extra services to support their education. 

Where as. The 5 0 4 plan. I provide services and changes to the learning environment. To meet the needs of this children. So. One is kind of changing and giving a different education as far as trying to customize it to the kid. The other is trying to make it so that they can be successful in the learning environment as it exists. 

It's a small difference. But it's also a big difference. So who's eligible for an IEP, a child that has one or more of 13 specific disabilities listed in. The individual. I'm going to stumble over this every time we're just gonna call it idea. That's what most people call it. And learning and attention issues may qualify. So. 

That does cover ADHD. If your child, if you feel like your child needs it. The disability must affect the child's educational performance and or ability to learn and benefit from the general education curriculum leading to the need for specialized instruction. So that's where the pull-out comes. So we still want the kids to learn. 

You know about the earth and how it's made up or Earth's crust or whatever we're learning about in science class. We still want them to learn that, but we might need to present it in a different way that is customized and broken into chunks. Um, it may be using different tools than just a lecture or reading about it. So it kind of changes how the education is composed. 

In the 5 0 4 plan in order to be eligible, you have to have a disability which can include many learning or attention issues. The disability must interfere with the child's ability to learn in the general ed classroom. Section 5 0 4 has a broader definition of a disability than idea. It says a disability must substantially limit one or more basic life activities such as learning. 

That's why a child who doesn't qualify for an IEP might still be able to get a 5 0 4 plan. So. 

My kids. 

Perform well in a classroom, as far as they don't have anything that is obstructing them from understanding the information, they just struggle to sit still. And collaborate and focus for a long period of time. So maybe the same information for a 5 0 4 plan is just broken up. Or maybe presented in  quieter environment. 

Whereas an IEP. We might change how all of it is even presented. And. Guys, we don't have IEP. In our household. So. If I speak out of turn. On something. It is because I have just spent the last few days trying to learn about them. 

So for an IEP. The parent can ask the school district to pay for an independent educational evaluation by an outside expert. The district does not have to agree. Parents can always pay for an outside evaluation themselves, but the district may not give it much weight. That hasn't been my experience. 

Um, Somewhere in here. One of the things I read was that. When a child has been recognized as potentially needing an IEP. The school has 45 days. Two. Test that child. And what is home? Serious to me about learning that fact, which of course I can not find in front of me. Right. The second. Is that. 

All I have ever heard is yes, we do have those services available. But the wait is like 18 months long. So you might want to just go ahead and do it yourself. Which most insurances do not pay for this type of testing. And so you have to be a person of means to be able to go, well, we don't have a year and a half of my kid not learning. 

To do this. So I'm going to pay. Four. Testing. So. I will try, maybe I'll circle back to the 45 days thing. Cause I know I read it and my jaw dropped. 5 0 4 plan. It does not allow parents to ask for an individual education evaluation. Parents can always pay for an outside evaluation themselves. So lots of things were interesting to me. 

 There are strict legal requirements about who participates an IEP is created by an IEP team. That must include. The child's parent. At least one of the child's general ed teachers, at least one special ed teacher. A school psychologist. Ha does any school have a psychologist? 

Maybe a district does. Or other specialists who can interpret evaluation results. A district representative with authority over special education services. This is fascinating to me. Because I don't think this is followed. Often. It even says with few exceptions, the entire team must be present for IEP meetings. 

5 0 4 plan. They're less specific rules. They should have meetings. With a child's parent, a general or special education teacher and the school, maybe the school principal. What's in these plans. The IEP sets up learning goals for a child and describes the services that the school will give. It is a unit. It is a written document. 

So some of the most important things it must include is the child's present levels of academic functional performance. And you will goals for education services. The child may get timing of services when they start, how often they occur, how long they last. Any accommodations, any modifications, how the child will participate in standardized tests. 

How the child will be included in general education and school activities. It's very detailed. 5 0 4 plan. Does it have to be a written document? It's a good idea for it to be written. That way as your kid, you know, let's say your teacher gets sick and doesn't come back in the middle of the school year. You have all the information written down or just when they pass from grade to grade, the information is written down. That doesn't mean it can't change. 

As your kid matures or their needs change. But. Let's get it written down. It usually includes specific accommodation supports or services for the child. The names of who will provide the service and the name of the person responsible for ensuring the plan is submitted. And fall it. So. Parent notice. I don't know. 

IEP when the school wants to change a child services or placement, it has to tell the parents in writing before the change, this is called prior written notice. Notice is also required for any IEP meetings and evaluations. Parents also have stay put rights. To keep services in place while there is a dispute. 

This blew my mind because I have a friend that has been struggling with a particular school district. And they took her son out of classes that he was doing well in felt safe and liked the teachers was doing great and they moved his schedule around and put him in other classes. Further disrupting this poor kid's anxiety and other issues. 

And I didn't even talk to the parents about it. And according to this, they have stay-put rights. While their dispute is, is basically discussed in moderated and figured out. So the school screwed up there. They didn't care that they screwed up. I have to say. The school and on a 5 0 4 plan, this school must notify parents about evaluation or a significant change in placement. Notice doesn't have to be in writing, but most schools do so anyway. 

Parent consent. A parent must convey consent in writing for the school to evaluate a child. And also must consent in writing before the school can provide services to an IEP. 

How often it's reviewed and IEP is usually reviewed at least once a year. And 5 0 4 plan is varies by state by state. 

How to resolve the disputes. I eat idea gives parents several specific ways to resolve disputes. Usually in this order. Mediation due process complaint. Resolution session, civil lawsuit, state complaint lawsuit. And I have someone who has done all of these with the school district. 5 0 4 plan. It's a little different. 

We have mediation alternative dispute resolution. Impartial hearing. Uh, complaint to the office of civil rights and a lawsuit. These are governed by two different bodies. So that's why on the 5 0 4 plan, they're basically breaking a child's civil rights. So that's why you complain to the office of civil rights. 

Funding. Students receive these services at no charge states receive additional funding for eligible students. It's not like they're sitting here going. We have to take the same money. We would educate 500 kids with and somehow provide these services. They are provided with extra funding for eligible students. So don't let them play that card with you. 

5 0, 4 plan, no charge. They get extra funding. The federal government can take away funding from programs, including schools that don't come ply. So that. Little checklist was found on understood.org. Understood. Understood. Org is a fantastic website with so much more information than you may ever need. 

So. We're going to talk a little bit. About how to get these suckers go in. So if I have a four plan, like I said, it qualifies, um, for students who attend schools, receiving federal financial assistant. So to be protected under a 5 0 4. This is all 5 0 4 plan information I'm going to pivot to IEPI. 

Here in a little bit, 5 0 4, have a physical or mental impairment that substantially limits one or more major life activities. Nope. This includes life activities. Includes. Anywhere. So for us, We had to fight the battle of my kid appearing fine all day at school, and then being an anxious mess, the rest of his life after school. 

And they kept saying he doesn't need this because he's fine at school. And I had to highlight to them that what is happening at school is affecting his life activities outside of school. And they needed to put accommodations in place. And their eyes got really big because they knew I was right. You need to have a record of an impairment, a doctor's note or evaluation or testing, some kind of document documentation that can support what you're saying is going on with your kid. 

It needs to be. So in order to be regarded as having such an impairment, Section 5 0 4 requires at school districts provide free appropriate public education, F a P E to qualified students in their jurisdictions who have physical or mental impairment that substantially limits one or more life activities. 

So what can be considered an impairment? This is a long list. You might want to read this later, but it's a physical or mental impairment, a psychological disorder, a cosmetic disfigurement, anatomical loss affecting one or more of the following body systems. And then it lists like every body system. 

I'm not going to do that to you. 

Mental illness, intellectual disabilities, organic brain syndrome. Many specific learning disabilities. What is a major life function? It is defined as caring for oneself, performing manual tasks, walking, hearing, speaking, breathing, learning, and working. This list is not exhaustive. And let me tell you what Congress has a big, old document that you can refer to. If you want to know more. 

But other major life activities would be eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating. This is pretty broad guys. So if you feel like your kid needs accommodations, If you can just provide documentations to the school. That their major life functions are being impaired. 

They got to do it. And you guys can collaborate together on what the 5 0 4 plan needs to look like. So schools have standardized protocols for evaluations, but they may say, oh, here it is. Here's my notes. They must offer the evaluation for free. And oh, shoot, this isn't where I said it. It says usually long waits for the evils and often paying for it. Yourself is faster. Well, I'm going to have to find the 45 days thing. Cause now I feel like I'm going nuts. 

Under the law. Here's what they're required to do. At the elementary and secondary education level. 

The amount of information required is determined by a multi-disciplinary committee gathered to evaluate the student. Never seen that before. Uh, literally never talked to the school counselor. I think I had a meeting with a school counselor and one teacher. So I wouldn't consider that a multidisciplinary committee. 

The committee should include persons knowledgeable with the student. And the committee members must determine if they have enough information to qualify for a 5 0 4 plan. 

It must all be documented. They can have sources like aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background. And adaptive behavior. 

So. There's a lot of different ways that you can provide them with documentation. 

So here's a question I thought was interesting. Does a medical diagnosis of illness automatically mean a student can receive services under section 5 0 4? Nope. No. A medical diagnosis of an illness does not automatically mean a student can receive these services. The diagnosis has to cause a substantial limitation on the student's ability to learn and to have activity outside of school. 

So keep that in mind. And you're going to have to fight hard for certain things. So I have a friend, her son in high school had severe debilitating migraines. And that school's a very strict policy was if you miss school on Tuesday. You had Wednesday to get the work done and it was due Thursday. Like you had one day to get your work in. 

What most people don't realize about migraines is migraines are a process. There is the pre migraine stage. Where you might have brain fog, you might be emotional. You might be so tired and you're like, why do I feel this way? And then boom, a migraine hits. So then you're in pain. And then the pain can resolve and you can have what's called a postdrome period of time. 

Where you are still debilitated. Brain fog struggle, concentrating, struggle, staying awake, et cetera. So if a kid has a migraine and has to miss school on Tuesday, it is completely unreasonable to expect them to get the work done by Thursday in personal that's so arbitrary. What are we doing here? Do we want the kid to just learn the information and turn it in for a grade? 

Or are we trying to somehow create some weird. Time scheduled. It is completely unnecessary. So she had to fight a lot. For that. And I really think that if she had gotten, um, her neurologist or her son's neurologist to explain the cycle of a migraine. And how the postdrome phase can last like five days guys, migraines suck. You don't want to. 

Maybe they could have gotten them to put together accommodations for him under a 5 0 4 plan. I know that they fought really, really hard. 

All right. I mean, I have some websites on here. I'm not going to read you a long web address. That seems cruel. . 

So that is a lot of information, about 5 0 4 plans. I wanted to focus for a few minutes on specifically on the IEP. I had a hard time finding content that was easy to digest. On IEP. I thought that was interesting. Little harder to figure out exactly what the laws are and how they work. But I'm going to tell you a few things. 

First of all. The individuals with disability education act. Declares that children are entitled to a free and public education in the least restrictive environment. So. That means. That your child should be able to. Be in the main classroom. If you believe they should be there. And only pulled out when necessary. Some parents prefer pulling out. 

They prefer their kids going down the hall. Maybe they can focus better. Um, maybe it's less anxiety inducing for them to be. In another room, some kids hate being pulled out. It's like. Puts a lot of focus on them. It's embarrassing. So the least restrictive environment. Terminology is really important. 

Because. You want them to have less restrictions, more freedom. In the classroom and not just have blanket statements. So. The disabilities that they list here. Include, and you can find these, if you just list like disabilities associated with IEP. Autism death, blindness deafness. Developmental delay, emotional disturbance, hearing impairment, intellectual disability, multiple disabilities, orthopedic impairment. 

Other health impairment. Specific learning disability, speech or language impairment, traumatic brain injury or visual impairment, including blindness. So it's important to note that emotional disturbance and other health impairment are very broad. And could cover things like anxiety, ADHD. Autism. 

Odd rad, all of these things. So, oh, here it is in Oklahoma initial. Eligibility must be completed within 45 days of parental consent. Okay. I must have found that on Oklahoma. Website. Sorry, that was six pages into my notes, but I found confirmation. I didn't make that fact up. So. That is something that you can pull out when dealing with. 

A school. Is they have 45 days to qualify your kid for initial eligibility. They can't say. Well, we don't have anybody to evaluate him. Until December. So until then, We're just not going to do anything. And you might look so there, the way the laws work. If you don't know the difference between state laws and federal laws, federal laws, everyone has to obey. They affect the entire country. 

And a state law cannot contradict a federal law. But it can put. It can take a federal law and go further. So for instance, there's, you know, certain law, federal laws, um, Regarding emissions and pollution. And in California, they have decided to make those laws even stricter and have more provisions available for their state. 

California could not say we don't care about the federal law, that restricts emissions. We're going to let everybody have as much emissions as they want. They can't do that. So the federal law supersedes everything. And then the states will have their own laws. So it's important. For your state to figure out what your laws are. 

You will have to do some creative Googling to find those laws. I can't even tell you. I went some down, some black holes of websites. So, this is interesting. Here's a backed as of 2011, more than 6 million school aged children in the United States received special education services as a result of idea. 

More than 40%, some 2.2 million are students identified with a specific learning disability. Don't let any single person in a school. Tell you. Like make you feel bad, make you feel like your kid is the only one that is needing all this extra effort. Like look around. There are so many things that I think are beginning to be diagnosed that in the past, just got pushed under the rug. 

And you are not alone in this. And it wouldn't hurt. I mean, God, if you could like make a, like, IEP and 5 0 4 plans support group. For your school or something where everybody kind of got on the same page and had tips and tricks for what worked for them. When they talk to a certain principal or the school psychologist or counselor. 

Because you aren't the only people dealing with this is something that everyone is dealing with. Many, many, many people are dealing with. 40%. Of the students. So. Again, it says not every child with a disability may qualify for special ed in order to be eligible. They must have a disability. And as a result of that, disability needs special education in order to make progress and school. 

So that is something that you will have to word. Um, The information that you give the school and make sure that that comes across to them. So. 

Parental involvement. The idea. Individuals with disabilities education act provides specific procedural safeguards to help. Parents advocate for the child's educational wellbeing. It promotes parental involvement. And they need to be key decision makers. In the plant. 

Federal law allows parents to participate in all meetings. Concerning their child. And they should have access to all of their school records. And be able to request an independent evaluation and agree or disagree with placement decisions. So. Knowing, this is very important. Every time they have an  

iEP meeting. You should be able to be there. You should be notified in writing and you should be able to attend. If you want to see all of the notes that the school is taking and keeping on your child, you can ask for them and they must give them to you. 

So there is a website and an organization that you might want to know about it's the national center for learning disabilities or in C L, D. 

They have checklists tips, tools. And ways for parents to understand how they can make the law work for them. New thing I learned. Every state is required to have at least. One parent training and information center. It's called a P T I. The center's primary purpose is to provide parents with timely information about  special education, so that they may effectively participate in meeting their educational needs. 

Many states also have community parent resource centers that are designed to serve the needs of low income parents, parents with children and people with limited English proficiency. Okay. So I was like, what the hell? We're supposedly there's a parent training and information center in Oklahoma that I could have access to that could help me understand these laws better and know how to advocate. 

I looked it up. It's in Holdenville. I had never heard of Holdenville. So I had to Google it. It is. A town of 5,000. And it doesn't appear to be close to literally anything. Y. I literally looked up like, why is our PTI in a tiny little town? Like the picture of the building that is very important center in is teeny tiny. 

So if anyone understands this better than me and you know, what's going on there, I just thought. It would create a hardship on people. If it were only in a major city, I guess like Tulsa or Oklahoma city, then people in small towns would struggle to get there. But I think we need to put it in our biggest population center that has major highways leading to it so that people have access to it. This one, I promise you is off a couple of two lane highways to get there. 

Aye. Aye. I don't, I don't understand why this thing is there. Also. We have a pervasive parenting center. This is just basically there. If you have even bigger needs to help you address them. And they also do trainings it's in Poteau Oklahoma, which I actually have heard of. Population 8,000 and it's two hours from Tulsa just for reference. 

So I was just curious. I just checked some other states. Uh, Texas. They have a few. And most of them are in cities. I've heard of, but a couple are in small towns. Texas is humongous, humongous guys. So. Maybe that is a strategy there that they're kind of spread out, but California and Missouri. Their resource centers are in more major cities. 

Like San Diego. If you've heard of it. So I was a little bit discouraged to see how small hours are, is. Um, the website is pretty robust. And they talk about how they meet with schools and they meet with parents and they do training on how to navigate all of the laws and understanding IEP. 5 0 4 plans. 

So maybe they're just located there. Maybe they just have an office there, but the staff lives elsewhere. I mean, I just, how are they supporting the entire state in this teeny town? I don't. Not to be a big city snob. I just am. I'm a little, I was completely surprised at this places, location. I would say it's convenient to almost no one. If they wanted to go there in me in person. 

So. I just. 

Okay, baffled by that love to know if you know anything about that. Okay. So I found a checklist. That I thought was very helpful on the Oklahoma parent center website. And it just basically has an IEP meeting preparations sheet and it kind of goes through like, do you have a copy of your child's current plan and their current evaluations? Have you read them? What progress have you seen in the last year? What are your primary concerns? 

Prioritize your concerns. That is a good idea because listen, 

It's going to be hard to get like every. Concern addressed. So definitely put like the biggest one at the top. And you guys, some of these can be like, Let's say they have to do a math worksheet that has 30 problems on it. Well, if they can show mastery of the math lesson in five to 10 problems, they don't have to do the whole thing. So that is something you could ask for. And it's basically showing I get this concept. I get the idea. 

This kid would really struggle to compete. You know, complete a 20 problem worksheet. So they only have to do half. Maybe they'd have to do the front of the worksheet. They don't have to do the back. Another thing would be if you're reading a paragraph or a few pages about the great Plains and there's a list of questions. So maybe instead of it being several pages and several questions, you break it up to half the article and the questions that apply to that article, just trying to streamline things and make it a little easier for people. 

So one of the things you want to talk about is how does this disability impact your child's learning list? Your child's strengths. That's important. Let's all focus on their strengths. Like if your kid is great at verbally explaining answers. My kid is great at doing math out loud. He struggles with quiet and focus and writing on a piece of paper. So what are your kids strikes? How can we work to those strengths? 

Maybe your kid is a really great writer. So maybe instead of them having to answer a bunch of questions about paragraphs they read, maybe they need to just write a short paper about what they read. Because the goal here is to make sure we're learning. I think sometimes. People forget the goal, the goal isn't like, I have a bunch of worksheets that I need to turn in. 

I think the goal should be, we're wanting our child to understand the different regions of our country. And if they can demonstrate that they understand that by a different way than other students, then they should be allowed to do that. So learning opportunities and learning opportunities. Where do you see your child in one year? 

Write down your specific questions, writing down is so important because sometimes these meetings are emotional. People joke that every time they leave, one of these meetings, they're in tears. So write everything down. If your relationship with your school is particularly contentious. I recommend  communicating solely via email. 

And recording every single meeting. I know of people who have had to do that. For legal reasons. And then you just want to come up with your goals and how communication is going to work. What modifications are going to work? How are we going to handle their behavior? Grade placement. How are they going to take state assessment tests? I mean, listen, most kids struggle with the stupid. 

Day long tests. So anyway. Even if your kid can power through those. Like one of the things that I'm thinking about. Today is that my middle schooler does not currently need any. You know, accommodations. However, the school he goes to is very unconventional and he doesn't have to sit and do hours of work focused. If he did, he would need accommodations. 

It occurred to me that we really need to put some, uh, combinations in writing now that he's in eighth grade. So that we have laid the groundwork for, if he decides to go to college. When he's a junior or senior, and he is going to sit down to take a day long test or an entire morning long test that we aren't just suddenly going, oh, he needs accommodations because. 

Nobody's going to believe that there's just going to believe you're making some stuff up. So you need to lay the groundwork for that type of thing. So that eventually when it comes to these bigger, more important tests, if you think your kid is going to take them, you want to have the framework already there. 

And prove that it has been in place for a few years. So you can absolutely. Ask the school to go ahead and prepare something that you can review an advanced, like, do you have their current IEP? And what suggestions is the school? Um, think about changing and you can review it beforehand. So you're not having to review it in the moment. I don't know about you, but like I can't, if people are waiting for me to read a document, my whole brain shuts down. 

It's just like, if I'm trying to type, I'm a great at typing, but if somebody comes and stands right next to me, it's like my finger stopped working. So anything you can do beforehand. Is a great idea. You can make your own agenda. You're supposed to be allowed to have meaningful participation. So have you been given that opportunity? 

Make sure you have written notice. And the L R E, which is the least restrictive learning environment must be determined by the team. And then you kind of go over what supplementary services. So that's kind of just like an outline of things that you want to accomplish at an IEP. I think a lot of this also would make sense for a 5 0 4 plan. 

Lastly. This all sounds well and good. If you think that. School is down for what you suggest. So unfortunately, a lot of my experience with 5 0, 4 plans and talking to friends is it's like a battle. And I hate saying that because. I know, I have friends who are educators. My mom was an educator. I am so strongly for public, you know, a great public school system. I want it so badly. I think so many people have great intentions there. 

All that to say. That. The school only has so many resources. And even though they legally are supposed to provide. Everything that, you know, A team and a doctor and a psychologist and the parent. Feel like the child needs. 

Realistically, they're going to probably try to hold back on some stuff. Cause they're sitting there going, I don't know how we're going to do any of this, but that doesn't change your right to it. And unfortunately, I mean, it's just not your problem to figure out how they're going to do it. It's what does your kid need? Because they are entitled to this. 

So. 

Okay. So on understood.org. They have some ideas for how to talk about this. So one is kids who don't like. This is like, if the school says this to kids who are passing all their classes, don't get special education. And the idea act. Says that child may need special education, even though they haven't failed from passing grade to grade. So like a sample response would be bringing a copy of the regulations and saying that my understanding is the idea. 

Says kids may be eligible for services, even if they're passing their classes. What's the best way to determine special ed services for my child, that they might, that might meet the need of their learning differences. Because here's the thing. Let's not punish the kid for somehow scrapping it together. 

To make it through and get good grades like. We want. Does it, can we just make it so that it is less painful for that kid? If they have a disability? It doesn't need to feel impossible. A child shouldn't hate school. So another thing you might hear from a school is we're removing a service because your child is getting good grades and does not eat it anymore. 

Okay, should we think about the fact that maybe they're getting good grades now because of the accommodations and services they're getting. Uh, yeah. So, this is where stay-put rights come in. So they prevent the removal of services until there has been mediation to decide whether that's okay or not. So they cannot just come to you and just say, or even just like, here's this new school schedule and you get it. And you're like, oh, 

Where's all the special education classes that they're supposed to be on here. So they can not make major changes like that without written notification and you have stay put rights so they can not just go around yanking your kids. In and out of classes. So you can say something like my child needs this service and will fail without it. I disagree with this change and I am writing a letter to the school asking for mediation. 

And the meantime my child should stay put with the current placement. I have a friend. Who's a little boy. Oh my gosh. Like they, I think I already said this earlier. They pulled him out of classes that he was doing well in. I can't really remember what their logic was, but it just made everything worse. And if I had known about stay-put, uh, laws at the time, I could have been more helpful. 

Okay. I already addressed this. This is a magnet or charter school. We don't have IEP is here. Nope. Sorry. Actually all public schools that receive federal funding must follow the law. So. Too bad. And you can respond educated and refute that. How about, 

we need to try response to intervention before we can give your child services. So response to  intervention, which is RTI is a school-wide approach for identifying and helping struggling students. The  us department of education has reminded schools that RTI cannot be used to delay or deny services. 

There is an official memo that you can find. On the department of education's website, where you can show this official memo. And you can say, I understand that this school uses RTI, but my child still needs services. And I can't wait until you have performed that. For them to get their services. This is all found on. understood.org. 

And the article is 10 smart responses for when the school cuts or denies services. If you would like links to help you find this information. It could also be your child's issues are , emotional, and behavioral, not academics. So we can't offer an IEP. Okay. So this is where you get into the 13 categories. And one of them is emotional disturbances, which can cover things like ADHD. 

 The invisible issues are the ones that are hardest to get into. So you just have to continue to educate and fight. I remember my son's school. Um, One time. I've probably told this story before, so sorry if you've heard it before, but basically they had inside gym because it was raining. 

And this was a very, very large school and the gym was incredibly loud and my son loves a lot of sensory input until he doesn't. And he was getting overwhelmed. He was in kindergarten. And certainly didn't know how to say I'm feeling overwhelmed. It is too loud in here. Can I step into the hall? The best he could do was I need to go to the bathroom. He had no idea. He was asking the principal. If he could go to the bathroom, he didn't know who any of these people were. Right. 

So he's asking the school is so big. That's why he doesn't know who the principal is. Um, I needed a bathroom and she says no. And her justification was the, in a few minutes, you know, whenever recess was over, the teacher was going to stop by the bathroom on the way to the classroom. He went back to her several times really saying that he needed to go to the bathroom. I'm sorry. But if a kid asks more than once they use the bathroom, like it, isn't up to you to say, you need to wait 10 minutes. Bodily functions are important. However, I don't think he actually needed to go to the bathroom. 

So the principal feels like he shopped for a yes. So he found a different teacher who said, yes. And he left the gym. Just to get some quiet. And this isn't great. He wandered the halls. Don't love that he did that, that he probably didn't want to hang out in the bathroom and didn't really know where else to go. 

So when the principal calls me, she's like, he didn't even need to go to the bathroom. We had to look at the security cameras and he was just walking up and down the hall. And I said he is six or seven. He doesn't know how to tell you. I am getting so overwhelmed that I have to leave this room. He doesn't know how to tell you that. 

His anxiety. He was probably getting ready to have a panic attack. That was the best he could do. He advocated to you multiple times that he needed to leave the room to go to the bathroom and you wouldn't let him. And so finally, when he was released, All he did was walk up and down the halls. He did not touch anything. He did not do anything wrong. He just wasn't where he said he was going to be. And she said to me, 

He didn't look anxious to me. He seemed fine. So I had to send her articles on what anxiety looks like in children, especially in public places, because he was not going to allow himself to be humiliated by having a panic attack in the gym. And let me tell you, does the school really want it to get to the point where a kindergartner is having a panic attack and freaking out? 

Because you wouldn't let them take a break. I just want to be like, what do you want him to do? You want me to start throwing desks? 'cause, I don't think that's what you want. He's trying to tell you he needs to break. But she was like, he seems fine. That was their argument all the time. He seems fine. He's doing great for us. He's you know, and that's where I had to come in and say, yeah, well, this is affecting his entire life outside of school. So you will do accommodations so that he can be okay outside of school. 

So. 

Another one is we just don't have the money. Uh, it doesn't matter. The school can not refuse and say they don't have money. It just doesn't matter. Under idea of special education services depend on the needs of the student, not on money. And the department of education can pull funds. So they have got to figure it out. 

Our school doesn't provide that service. We don't do that here. I, I, Nope. Can't say that. You could even say, I understand the school hasn't provided this particular service before, but my child's doctor says he needs it. I printed out a part of the idea that says services must meet my child's unique needs. How can we work together to make this happen? These are so diplomatic, so nicely written. 

And it could be something like. I know a kid who struggles with auditory processing. And so his teacher wears a microphone. And he has a little, like really tiny headset so that when she is talking to the entire class, his brain can hear her over the rest of the room. Like, and that might not be something they see very often. That doesn't mean that his need for it. Isn't real. And sometimes the schools struggle cause like the primary teacher may have the microphone all day, but they don't pass it off to the gym teacher. They don't pass it off. 

To the art teacher or the music teacher or the gym teacher. And so now you're, you've got a kid who can only hear when he's in his main classroom and the rest of the time can't hear. So. It does require coordination of efforts and constant followup, but they can't say they can't provide that. 

Number eight, we can't provide your child's services in. We can't provide your child's services in a regular or advanced class. Special education is provided only in the resources room. Okay. They can't do that. Students mess, receive special education services in the least restrictive environment. Now, if you want them in the resource room, that's great. 

But if you feel like your kid would do well in the main classroom, Doesn't want to be. Sent out doesn't want to be away from their friends. They have to educate them in their main classroom. So a sample response would be, I thought children could receive special education in many different settings. I have a copy of the regulations here that says services can be provided in regular classes. 

Number nine. I have consulted with my supervisor. He says, your child only needs an hour of reading intervention a week. The I, I E. P team makes the decisions. Parents are members of this team. If someone outside of the team decides something that's a violation of federal law. So a sample response would be, I appreciate your supervisor's recommendation. However, only the IEP team can decide my child's placement or services. When can your supervisor join the team to talk about my child's educational needs? 

This is the last one. In case you're tired of me reading to you. Number 10. I know your child needs this technology to read, but the administration office has to approve it. 

idea specifically requires the IEP team include a school representative who knows the school district's resources and curriculum. This person must have the authority to approve special education services. So if there's something that needs to be approved, That person has to be at the meeting. It isn't we make a decision and then we advocate to whatever the main building, where money decisions are made. 

That's not how this works. So, if you feel like your child needs access to a certain technology, let's say it's the auditory processing microphone and headphones. If you can try to notify them in advance so that the school can be a little bit prepared and you can say, Hey. I'm going to be asking for a new service and it would. 

Probably be a good idea, actually. This is what it says. Word for word. Let me clarify. Are you saying there is no one at this IEP meeting who has authority to approve my request? Is it possible for the supervisor to join the meeting team now? So. They have to do this. They have to have someone be there. 

They cannot say, well, we're going to have a meeting. And then later we're going to see if we can make all this stuff happen. That's not how it works. Anyone that needs to make a decision needs to be at the meeting. I did not know that. I think a lot of stuff gets kicked down the road from people saying. 

Things like that. Like, oh, well, we're going to have to talk to the special education supervisor to see if we can do that. No. I'm supposed to be part of the team. If they need to be part of the team, then they need to be here. So guys. If this stuff makes you feel overwhelmed, then you are a human being. 

This is so hard and what. What is even harder is you've put all this together. And you have a plan. And then. It can just be ignored. So on a regular basis, you're having to take what your child says to you about what happened in their school day. I often have to run it through a program in my mind to decide like how much of that is reality and how much of it is in them. 

Really embellishing. It's really hard to know. So I always start my emails with this is what was relayed to me. I would love to hear from you what happened. However, my son is entitled to breaks throughout the day, and it was time for him to take a break and you would not let him, can you tell me what happened there? 

And. Constant followup. And it's so hard. I mean, As a former teacher, I hate being that parent. That parent that is, feels like a constant nag. But the truth is, is like the mental and physical health of your child is more important than being perceived as an ag. Oh my gosh. It's so important to me that people like me. I'm not even kidding. 

So it's hard to like, I want to like yell at someone and then be like, but you still like me, right? I'm likable. You can see how I'm still likable. You have to be consistent. And. If you don't feel like you're getting the full truth, then you have to be calling regular meetings and then there are next steps that you can take. So, 

In Oklahoma, there is the Oklahoma disability law center that I know gets in. Actually gets involved sometimes. And they will come in and say what the laws are. There are. Um, IEP and 5 0 4 plan advocates out there. I don't know anyone who has had a super awesome. Like. Experience with them, unfortunately. 

One time. My friend was like the advocate just sat there. She didn't even say anything. Like why is she here? So, unfortunately you just have to really be armed. With as much data as possible. Bring it with you. And be ready to, I mean, In these meetings, like I said, they get very emotional. I think parents are fighting so hard for their children and that is emotional. Right? When you feel like somebody is saying no to what you feel like in your heart and your brain, you know, that your child needs. 

And that's why it's important. To even say something like. I need a minute. I can feel myself getting really upset and I don't think that's productive. So I am going to excuse myself to the hall. For a couple of minutes and get my brain back on track. And then I will be right back. I know people who have done this. 

Sometimes. The IEP team also needs a break. Because they can be contentious. Above all. Remain calm. Do not cuss. Try to be as professional as possible because the last thing you want is for everyone in the room to be like, well, they're just crazy. So we're gonna like do our best or whatever to make her happy. 

Uh, but she's is ridiculous. And. Like you want them to dismiss? What you're saying based on your behavior. And that is very, very, very hard. 

So options you have, you can call the state board of education. Did you know that there is someone that will hop on the phone and talk to you and you can tell them every single little thing that's going on at your school. I have a friend that did that and the person said, I want you to file a complaint. 

And send it here and copy me cause I will be looking for it. The office of civil rights is there for you. If your child is on a 5 0 4 plan. They're violating your child's civil rights to be screwing around with their 5 0 4 plan. So don't be afraid to know the laws. And sit down and spell it out for people. 

I'm going to assume that all educators in the public school setting are armed with knowledge about the 5 0 4 plans in IEP laws. It's entirely possible. That is something that they are not trained on regularly. And when they're trained on it, it's entirely possible. It's the most boring meeting ever. 

I mean, I can just imagine. So it doesn't. It's entirely possible. They don't know all the ins out ins and outs of every single law. Right. And a lot of times I see this all the time in my clients. Um, They have a person who has been hired. They've worked there for a very long time. A new person comes on and the person who's worked there for a long time, trains that person. And then maybe two years later, the person with the most tenure quits or retires. And now you have someone that their only training was from that person. And they're going to take their interpretation of the training and handed down. 

Well, that's a game of telephone. And by the end, it could be very garbled. So it's entirely possible. Like I want to give people the benefit of doubt. That a school counselor. You know, who, when I was advocating for my son, it was her first year as a school counselor. So I, we were like having to learn together. 

And then she would be told stuff from her leadership and then I would have to come back to her and go, Nope. That's not how this works. Let's try this again. And I have to say by the following year, we left that school district for a year and came back the following year. She was so helpful. She had been educated and I'm sure he just got a crash course on all of these laws, how to put together accommodation plans. 

And it was great. But at first it was incredibly Rocky to the point where I was like, I don't know how to make this work. We're going to see if we can try to do something else. So. If you're overwhelmed. If there are specific issues that you are having. I am not illegal expert. However, I'm pretty good at finding articles and information. It would be happy to go digging for you and send you what I can find. 

Lastly. Every school district should have a handbook. Many school districts. The handbook is like 40 pages long. It should be available online at this point. It includes things like what is considered a tardy. You know, What is considered a. You know, misconduct, like it just kind of like the dress code, all of that stuff should be in there. But a lot of information as relates to this information is also in there. 

And sometimes the school is not following the district policy. They probably haven't read that handbook in a while. Cause it's 40 dry pages of information. So also find that and highlight it. In the meantime. I really, really, really hope. That everyone is having a good start to the school year. I think for parents of tricky kids, it can be a particularly stressful time. My son just told me he doesn't want to go back to school. 

Uh, he goes to the coolest school in the world. So, I mean, it's like, it just doesn't really matter. Kids don't want summer to end. So I hope things are going well. As the school year goes on. You guys have my email address. It's also on our website where the F is my village.com. And I am happy to try to find legal articles and email them to you. If you can't find the information yourself. 

So I think. The more people collaborate on this, the better it will go for their kids. And lastly educators, I love you. And I hope that none of the conversation I just had. Um, hurts your feelings. Because it isn't my intention. And you guys, especially in the state of Oklahoma, have a lot. Of BS coming at you. 

Of what you can and can talk about and how you can educate. And the passion for educating is probably really hard to keep alive right now. And I promise I'm not trying to beat you down. But anecdotally, a lot of parents, I know. Really, really struggle. Advocating for their kids at school. It's just the truth. And it may not be you. 

It may be an administrator. It may be the special education supervisor. Like this is not a blanket statement. And I apologize if I have offended you very sincerely. And if you are an educator listening to this. You can be a part of the solution by talking to teams and also making sure that they're following the law that will not make you a very popular person, probably in your school. 

But. 

It would be amazing. The more advocates for our kids, we have the  📍 better. 

Villagers, thank you for listening today. And this was a very dry episode, but I think incredibly important. And like I said, I'm here for you. If you need anything in the meantime, and I will see you next week. 

Where are the F is my village is an SP production. Special, thanks to Jason academy for providing our music.