Section 504 for Child Starting School

[rosesixtyfive]

Okay, I've run into my first snag with navigating my child through the public education system. DS has been part of a preschool program that has been very flexible with us. He has been going part time and coming late in the morning.... Now he is ready to move on to the next step of the preschool program. This part of the program is only full time - 5 days a week. DS has only done 3 week days so far, and moving up to 5 will be a big step for us. I believe DS needs to rest when his body is tired. I just wasn't prepared for full time school, but I do want my child to have the benefit of this program. It is the right place for him. He is already part of it and comfortable, but at his age, the option to be part-time with younger kids is not available to us.

I asked if it was much of a problem if a child missed and they said that after 10 days it would be reported as truancy. At that point I asked if a 504 would be helpful - if it would keep the school from being held accountable and possibly losing funding for student absences. The director said yes to sick days, but not to days of rest.

I will start the process of the 504 this summer, but I also forgot to ask how much of a problem it will be if he doesn't come until 8:30. I think he is too little to get up at 5:00 in the morning to do treatments and that would adversely affect his health. Before I go after this again, what are my child's rights? What do I ask for and how do I get it? I need two things - flexibility with absences and permission to come a little later than the other students.

 

[Aboveallislove]

I'd call the CFF attorney hotline asap to get the background and find out what you need. I've read others having later starts and I don't see why a day of rest wouldn't be a "sick day' for CF kids. If you search on this site you'll find others who have detailed the 504 plan.

 

[sroeseler]

We just have it listed in ours with an note from cf center that States there will days he is late due to treatments or excessive absences that are excusable with a note from us explaining the fever, heavy cough, tiredness,ect

 

[jshet]

If his is a preschool program, I Am confused. In my state preschool, and I would think all states is not mandatory. I am so sorry they are giving you such a hard time. Does your son require any special services at school like speech, occupational, and or physical therspy? If so, you son is required to have an IEP, and these things can be put in it.

my son is a junior in high school with cf and autism. They have been so accommodating to him. His IEP states he will attend school on Monday, Tuesday, Thursday, and Friday from 8:30-11:30. He takes Wednesday off. Believe me even with this schedule, he has missed a lot of school. He only was able to attend 3 days in April because of 2 surgeries, complications, and flares. The kids made him get well cards and were so personal about them. My son loves toy story and disney. Most of the cards included the things he loves. The teacher gathered all the cards, all 65 of them and mailed them to childrens hospital for him. We are so fortunate.

i hope everything works out for you. Have you thought of possibly checking into a private preschool for your son? I know some offer a scholarship to children in need if money is an issue. This may only be a bandaid to a much bigger problem you may deal with when he enters kindergarten.

one last thing, as long as your son has doctor excuses for each day he misses, they can not say truency. Most schools allow up to 10 days before needing a doctors excuse. As long as your doctor is willing to give excuses for the other days, they do not need to know whether he is sick or resting. Good luck!

 

[Rosie55]

I had to constantly advocate for my daughter through her school years, even though I met with all her teachers in the beginning of every school year. A school nurse advised we get an IEP for "Other health impaired" and every year we made a formal plan for accommodations for her. It is a federal program so you are protected. I don't know about this at the preschool level, unless it is a public school preschool, but I would definitely do it as soon as you can. I also agree that you should consult the CFF attorney hotline.

 

[TreasureGoddess]

absolutely get a 504 plan started. Ask your CF team if there is a social worker that can help you get started. They will be able to provide a list of suggested items to include. It's always better to have MORE than your kid requires and then you have the option of doing the alterations or not as you need them. We had a sample 504 from our social worker to get started. Once your kid gets into public school for elementary it's very helpful, especially as all absences & half days do not count towards truancy if it's CF related.

 

[becabee]

My grandson is almost 9 has been dx with CF since he was 2 1/2 years old. He began early intervention preschool for autism at the same time he was dx. It has been years of frustration for him and his mother to get a set plan (504 or IEP) but finally this school year it was taken seriously. It allows him to have extra help with testing, more time with assignments and extra activities and focalized help for him when admitted to the hospital. He has been waking up for meds, and treatments at 6 am and going to school by 8 since he was 2 1/2 years old and has done great. You just have to get a schedule that works for you both and you'll get used to it. in no time it'll just be the new "norm". And in regards to his missing for sick days or resting periods my grandson has the same issue, his mom just has to always tell the school he is having 'complications of disease'. Hope this helps. Good luck

 

[politicaljules]

I am confused. Is the next step for your child Pre-K? In our state only children with disabilities are eligible for early schooling aka pre-school starting at age 3. I do not know how other states do it, but if you can provide info on what you mean, maybe I can comment better.

If he is disabled and in a preschool program, he would probably have an IEP which is supposed to encompass 504 protections.

However, since he has cystic fibrosis, he is considered disabled as Other Health Impaired and possibly Medically Fragile. So it is a violation of your child's civil rights for the school to tell you that days of rest would be counted as truant because these days of rest are the result of a disability. Important to note that the Other Health Impaired label is often used to designate a child with ADD as eligible for special education services. However Cystic Fibrosis fits this definition and this is where you can find the protections for your child's disability needs. Some good information...

""Other health impairment" means having limited strength, vitality or alertness,including a heightened alertness to environmental stimuli, that results in limitedalertness with respect to the educational environment that is due to chronic oracute health problems."

"Children with an "other health impairment" due to chronic or acute healthproblems often require accommodations, adaptations and/or modifications in theireducational program and setting. In addition to specialized instruction, there maybe a need for the provision of related services such as specialized transportation,assistive technology devices/services, school health services, parenteducation/training and counseling. Due to the nature and extent of some healthimpairments, some students may need major modification of their school dayincluding, but not limited to, rest periods, a shortened school day and/or flexiblescheduling and services delivery. "

Source: https://arksped.k12.ar.us/rules_regs_08/3.%20SPED%20ELIGIBILITY%20CRITERIA%20AND%20PROGRAM%20GUIDELINES%20FOR%20CHILDREN/PART%20I%20ELIGIBILITY%20CRITERIA%20AGES%205-21/H.%20OTHER%20HEALTH%20IMPAIRMENT.pdf

 

[rosesixtyfive]

Hey, Politcaljules,
It is an optional preschool program, but he can't stay in the program he was in last year for 3-4 year olds (which I paid tuition for and had more flexibility with). He has to go to this next part of the program that is state-funded. People can recommend that we find a private preschool, but our town is small and there are only two preschool programs (one that is part of a church and the one he is currently in that is part of the school system) and there is also a daycare. This is the program he has been in and I do want him to continue. I am comfortable with him "trying" 5 days a week, but I will not push him because I can tell when something is brewing as things often do with CF. Does this make more sense?

 

[aannddd]

504 Plan

Hi. My son is 7 and also went to our town's preschool program. My son attended as a model student (1 model student for every special needs student attending). I had peace of mind knowing that he was in school with a nurse. In addition they were much better equipped to handle his medical needs.

His 504 includes)

1) Absences will be excused with a note from us. CF center justified this by writing a letter explaining that care is often evaluated and ordered based on observations by parents and phone calls by parents. 10 day absence does not apply and don't let school make you crazy over this.

2) School must order whole milk for him (healthy nutritional guidelines made it impossible for school to order whole milk through the lunch program with out this)

3) An extra daily snack and additional snacks at our discretion as needed.

4) unlimited and unrestricted access to the bathroom (he has his own pass, so that he does not need to wait for another child to return from restroom).

5) Adjusted start and end times as needed.

6) the right to keep his enzymes with him. We eased into this. In pre-k and K teacher kept it in her desk and he was permitted to retrieve himself. In 1st grade he started keeping in his own desk and administers himself.

7) Always permitted a drink at his desk.

8) classroom without carpeting

9) tutoring for absences is available after 1st day (as opposed to 14 days out in our state).

hope that helps.

 

[pipersmom]

Under a 504 plan you can modify the school day pretty much any way you want. I would put it as "absences caused by illness verified by a Dr's note will be automatically excused without penalty", and (example)" "Name" will have a modified start time of 8:30 am". If they question or try to refuse, go up the chain, your school division should have a Director of Special Services (or something similar) who is in charge of all the 504/IEP regulations. If you still aren't getting results, call the Office of Civil Rights, ask about the legality, write down the person's name you spoke with, and then call the Director back, stating "I spoke with Jane Doe at the OCR and she said it shouldn't be a problem for "name" to have a modified start time." I guarantee you they will add a modified start time. Needless to say, this is been there, fought that advice. Feel free to pm me if you have any other questions.