Good even when it seems not so good because you've moved the right chess piece in place to force their next move. They already had this all in mind but calling them on it made them reveal it. Keep steady and apply the positive, steady pressure. This is very par for the course in negotiations. My take is they will prod a bit but ultimately adhere to laws of the land.

You're doing just fine.


They're being wishy-washy and dithering, which isn't an unusual state of affairs at the tail end of a school year, unfortunately.  In fairness, they DO have a lot going on at the start/finish of things.

However, at this point, you'd certainly be wise to document all of that in (yet another) exchange in writing, and perhaps suggest that a date be selected for your fall meeting as soon as possible after the start of school, and oh yes, until then, NOTHING CHANGES... right?

I think that their language is making you nervous, but they probably have no idea why.  I went through this with our SpEd staff a few years ago when they did a "review" of her plan.  Just keep your language in the mode of "I really want to be a helpful member of the team!" and seek 'clarification' about the purpose and agenda of meetings... giving the reason of wanting to be "well-prepared" so that you can contribute.   

First, I just want to thank you guys for all your input.  I know you don't know me, but I have learned so much from you over the years and it has done so much to help me through this journey.  I can't tell you what a blessing it is belong to a group with so much helpful insight, experience and willingness to help others. I loved reading all your responses.  They are each so helpful and supportive.

And I believe I understand, with my simple little mind, that it would be best if I verify that it's the district's policy that my child's 504 is automatically "continued" although expiration date has passed to be sure.  And that seems easy enough, but, to tell you the truth, where I am right now, I am not sure I will get an answer.  My situation is actually a little more complicated.
 
Basically, this same admin from the school called me last week, advising that the district's main office had approved "renewing" my child's accommodations as they are by simply attaching a copy of our meeting notes from the end of the school year and signing them and sent me a copy of the meeting notes.  I was thrilled, because we didn't want to change anything on our end.  I read the meeting notes.  They weren't completely accurate about our meeting, but basically okay.  However, they were a little opened ended to me, saying something about modifying the accommodations at a later date, but nothing about the main office approval to keep them.  So I replied (e-mail) back to confirm our meeting time to sign and mentioned I felt it a good idea to mention the home office approval to "renew" the accommodations in the notes, as well.  I received a reply back with a "thank you, you're right," and was given the exact wording as to how the approval was to be added to the document to sign.  Done deal, right?  Yeah....no.

Later that day I received another email from admin saying, after thinking about it, someone else had been asked to join the meeting, admin wanted them to review our accommodations and to give us some ideas how we could best simplify the accommodations with the health plan.  WTH?   My child's 504 already refers to the health plan as necessary and needed.  I replied back asking for clarification of the change of plans since approval was already given by the home office, (which I have in writing now, mind you), and that we didn't want to modify any accommodations, as they served child well last year, and advised that I thought that this was what we agreed upon earlier that day.  I also asked for clarification on the health plan/504 issue, explaining in my email how they are two different types of documents (I actually quoted my State's Office of Education FA Plan), and explained how ours were already working together effectively.

Of course, I was not given answers to those questions, but was told by admin only that "after reflection" it was decided best to wait until the beginning of the year to renew where several others will be in attendance of the meeting and apologized for causing any confusion.  I'm so very annoyed that I can hardly think straight and I just don't know what to do at this point.  Did I even handle that correctly? 

Please see this new thread about a brand spanking new court decision.


Doug C. v Hawaii District Appellate Case re: IEP

this reminds me of key verbiage from doc

"patient not expected to outgrow"

and

"parents are expert in managing ltfa"

"review" is also a good term-- I'd use whatever is in their procedural handbook.

I'd also spell out that YOUR impression is that this is NOT a meeting which will 'revisit eligibility' since if it <cough-cough> were that sort of meeting, you'd want to come prepared and all.... good team player that you are, I mean, you'd want to be SURE to be "helpful" there with information...

  and well, since the condition is UNCHANGED... and since you and your child's SPECIALIST PHYSICIAN(S) all know that, wow, you'd sure like as much advance notice of THAT kind of meeting as possible.  You know, since you see said specialists regularly, but you seldom discuss 504 eligibility since nothing has changed there... ergo you'd HATE to have to delay that by not having the proper source material available to you without yet another $$$$$$$$ physician's visit...

if that is what they plan to do.

KWIM?

As soon as I (once) got about half way through that explanation in a phone call, this turned from "full review" into "oh, no-- of COURSE eligibility isn't being reviewed, since we understand that the condition has not changed... that would be a waste of everyone's time, wouldn't it?"

Indeed.  Glad they realized that before I had to take anyone <ahem> to school.    Just letting them know that you WILL go to the mat is often enough.  But also get that in writing-- via a LOU, if necessary.

Use "continuation" instead of renewal.

Yeah, I don't like the term "renewal" . . .

The school district should have a clear policy in their published 504 info that states how often the eligibility will be reviewed -- we've found that 3 years is average in our experience.  There can be language that states the parents will immediately notify the school if the qualifying disability no longer exists.

The 504 Plan of Accommodations can be reviewed and tweaked annually, or less often.  Sometimes this is spelled out in the district's policies and sometimes it is on a case-by-case situation.  Obviously, you may call for a review and accommodation meeting ANY time that situation warrants (usually with added allergies or increased/decreased needs for accommodations -- OR if the 504 has been violated, etc).

More I may think of.  It's summertime and my brain is rusty.

But it needs to start revving up pretty quick, so happy to help!

^Would default to you and others on that. I honestly don't know I cooked that template up on the spot. It needs FAS eyeballs & edits.

Except I am uncomfortable with the language of renewal. It doesn't need renewing.

Follow my weird brain for a moment: If you seek a public radio member designation (ie, become a member), your membership expires in 12 months unless you renew. If you don't renew, you will become lapsed (technically at 13 months, but they'll treat you like a member until your 18th month). You are not an active member again until you renew.

"Renewal" implies that at a certain point the designation is not in effect. It is the school's terminology, yes?  Does not need to be yours. And I don't think it should be.


Unless of course I have missed that it is legitimate language to use.

 

Email a succinct, civil business-as-usual LOU as a follow up. I'm not feeling that blinking cursor response on whether they've addressed what CM calls the stay put. See what response you get.

BTW, cool screen name.

Dear Potentially Waffling Administrative Decision Maker,

I am writing regarding child's 504 renewal. Per our conversation it is my understanding that the 504 and all its provisions (accommodations, protections, etc.) remain in full effect while the district intends to fully renew in August. Add more details, wordsmith for tone.

I look forward to confirmation of this understanding...

Please contact me immediately if there are any clarifications or deviations from this understanding...

But then there would be entitlement to those procedural safeguards in addition to those for 504?

Yes, eligibility drives the bus here, legally-- so unless there is reason to find your child now INELIGIBLE, then it's  a matter of which accommodations are necessary and appropriate at this point in time.

Periodic review is a good thing, believe it or not.   

On the other hand, "common sense" can mean two very different things.  It can mean "we would OF COURSE do this, so why put it into a 504 plan?"  (which is wrong-wrong-wrong if it's something that wouldn't be guaranteed to your child elsewhere and in writing and which is necessary to allow your child equal access to learning environment/opportunities)

There is also "common sense" as in "this is an imminently reasonable way of looking at this."

I think you're right to be a bit unsettled about the statement as made-- but because they seem to be viewing it through a lens of "LD" rather than "disability" and access-- which is the legally defensible (and intended) way to look at 504.  IEP is more about educational benefit.  504 is about protecting a student's rights to have the same opportunities as peers.

A good question in light of what you were told about an apparent stay-put provision, which extends the 504 document past its planned revision/renewal date, though--

"Oh, does the district follow stay-put provisions as in IDEA for 504 compliance, as well?  I don't remember reading that anywhere.  Can you tell me where I can read that, or can I get a copy from you?"


That's a completely legit question-- and the answer MIGHT be yes.  It's often simpler for districts (esp. ones without large legal staff) to just adopt a single set of standards for procedural protection, and IDEA has some particular quirks that aren't demanded specifically by ADA, but which aren't prohibited by anything in ADA or 504 either.  So it's easier to just have the standards that IDEA insists upon for BOTH groups of students.

504 designation does not expire. Now, it's a good practice to review and tweak/add/remove specific accommodations as your child grows and needs change. We do that the week before school starts.

I am on a brief break but will come back to this. I just wanted to affirm your gut feelings about this.