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Can a 504 be set up without testing?

Submitted by an LD OnLine user on

My daughter attends public school part-time. In March she will be taking standardized assessment tests that involve a lot of writing. She is very bright but dysgraphic — writes very, very slowly with extremely poor spelling. I will probably have her tested privately in the summer. Meanwhile, I would like to get a 504 in place for accommodations before March. Can this be done without formal testing?

The principal, sped teacher, and speech therapist have already agreed that accommodations are in order, based on her performance (I showed them a sample of her writing, which is about 4 grade levels below her reading and reading comprehension assessments). In that November meeting, however, they weren’t sure what kinds of tests to perform and wanted to research that before our next meeting — to agree on what kind of testing to do. Well, it’s the end of January and none of us did a darned thing (school had major re-organizational problems).

My daughter does not have any medical diagnosis of problems (which sped teacher said she thinks is necessary for a 504 — I just talked to her on the phone). I could call around like a madwoman to find a private tester who could fit my daughter in right away (typically around here you have to wait a month or more for an appointment with any kind of specialist), but I would rather just set up a 504 at school now and test in the summer — if I can do that.

Sped teacher is going to ask around, but I’d appreciate any information this board can offer.

If this year’s testing were the standard, multiple-choice Iowa I wouldn’t have any concerns. However, the March testing (mandated by the state) requires many written responses.

Mary

Submitted by Anonymous on Wed, 01/30/2002 - 10:27 PM

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A couple things - read this page
http://www.ldonline.org/ld_indepth/legal_legislative/edlaw504.html

504 is for medical - my daughter is a 504 student for
asthma and migraines which interfere with her education
from time to time.

My dyslexic son has an IEP under IDEA.
And in our state dyslexia is called Specific Learning
Disability in Reading and Writing.

In my state (WA) you have to:
request LD tesing in writing and they have 30 days to comply.
have an IEP in place to have accomodations in state testing .

Enter a search for your state and special education advocacy
and you hopefully will find an organization that can help you.
I called out state organization once and found them very helpful.

good luck!
Anne

Submitted by Anonymous on Thu, 01/31/2002 - 1:57 AM

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Mary,

From one of the articles in LD In Depth under IEP on 504 is the following quote.

“Individuals need not currently have a physical or mental impairment in order to be covered under Section 504 and the ADA; they may be covered if they have a record of having such an impairment or if they are simply regarded as having such an impairment. These two categories are generally not the focus for school-aged children; they are more likely to deal with individuals in employment or community situations (Hartwig, 2000). Still, there may be instances when children are protected under Section 504 and the ADA because of their being regarded as having an impairment or their having a record of such an impairment.”

It seems to me if the teacher, parent and principal agree there is an impairment then the child can have a 504 Plan. Go for it! Print out the article and take it to the principal.

Helen

Submitted by Anonymous on Thu, 01/31/2002 - 2:53 AM

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In my state (NC) a 504 cannot be set up for a LD without first being denied an IEP. I am having a hard time understanding why though, since in my son’s case as well they all agree that he needs help.

Submitted by Anonymous on Thu, 01/31/2002 - 4:00 AM

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It’s the article entitled “Section 504, the ADA, and Public Schools” under the “legal & legislative” section of “LD in Depth”.

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