IEP/504 in High School

Parent Q&A

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  • HI - We are looking for an education lawyer near Fremont that can help my high school daughter. She has been traumatized by a completely negligent teacher that is rude, and punitive. This teacher doesn't provide any instruction, uses abusive language, passes racist remarks, and lets the students know how much he hates the school that he teaches. He insultingly declined to meet us when we requested a meeting to discuss our daughter's health issues and get his guidance. My daughter is a 504 who has been suffering from severe anxiety and depression which has been further exacerbated by this teacher's complete apathy toward his students. 

    Please contact DREDF (Disability Rights Education & Defense Fund).  They listened, offered great advice,  and we were (finally) heard.  We eventually used lawyer Natashe Washington ((510) 394-4356) who was great.  I hope this is resolved soon.

    Keep documenting what is happening. Before you go the lawyer route, try moving up the chain in the school. Talk to the counselor/special ed teacher who was present when you wrote the 504 plan -- you can look at the signature page to see who signed off on it. Talk to the principal. Then if you need to you can contact a lawyer. You might also want to talk to the parent advocate at DREDF --

    Disability Rights Education and Defense Fund
    3075 Adeline Street, Suite 210
    Berkeley, CA 94703
    510.644.2555 v
    510-841-8645 fax/tty
    info [at] dredf.org (info[at]dredf[dot]org)

    This sounds like a personnel issue that reaches beyond your daughter's situation. Perhaps you've already done this, but my first suggestion would be to document the problematic behavior and then share it, written up, with the school principal. Or if they're for some reason unresponsive, going above their head to the superintendent. If you do feel like a lawyer is needed, Gail Hodes is a good special education lawyer who you could run this situation by although since your daughter has a 504 she may not be Gail's specific area of speciality https://www.gailhodeslaw.com/

    So sorry to hear of your experience. 

    Here are a couple organizations which may be able to help:

    https://familyresourcenavigators.org/

    https://dredf.org/

    please immediately pull your daughter out of the class. she could do summer school at a community college or ask the school for options. dont wait for the slow wheels of bureaucracy. if the school doesnt help you there are options such as online school or intra district transfer. there have been times i regret not immediately and fervently advocating properly for my child, dont let this happen to you. 

    Thanks everyone for all your help and guidance. 

    I would start with the school  counselor and ask for your child to be placed in another teachers class. Actually, your child can go to their  academic  counselor and ask for this and usually it is a quick fix. I’m a high school teacher and a few times students have been enrolled into my class because they have had a struggle with another teacher who teaches the same subject. Or often kids have told me they have gone to the counselor  when they have had a negative experience with a teacher and have been able to drop or move out of the class. If the counselor can not enroll your child in a different class because the other classes are full or one is not offered, there may be an online option to finish out the semester. 

  • Hello,

    My son's learning issues became very apparent in elementary school and we were referred for an IEP through the school district. It showed my son had a mild learning disability, with key areas of weakness in math and English. In total there were about six areas of weakness and the rest were in the low-average range (85-95 for the most part). He is now in high school and the IEP has been repeated and the results remain pretty much the same. My son is in so-called co-taught classes in which a special ed teacher pivots to IEP students who need extra attention. My frustration is that since getting the IEP, his teachers tell me how well my son is doing and make light of those weaknesses, and frequently refer me to other tests that show better results. This seems very odd, because surely one-on-one IEP testing conducted by the school district is more rigorous than any multiple choice testing done in a classroom. 

    Recently, I was told by the school that my son had been offered the chance to do honor's English, and that in order for him to do that I needed to sign a waiver saying that he would no longer be in a co-taught classroom with extra assistance. I have refused. (Last year my son was placed in AP history and he got great grades, but got a 1 in his exam.) I would welcome any feedback from parents in the same situation. I realize positive reinforcement is very important in learning and that kids do best when they see their efforts acknowledged, but want to avoid a situation where my son gets into college with his good grades and then cannot cope. I have looked at my son's grades and frankly they seem to be inflated, at least in some cases. I see paragraph responses that clearly show he does not understand the question. Yet he is graded 100%. 

    It sounds like your son needs testing accommodations. These can include a quiet environment, more time, chunking, access to notes or a calculator, etc. These can be specifically written into his IEP and are required to be followed by his teachers regardless of the level of his courses

    Even if your son took honors English, he would still have an IEP and receive accommodations. The services would change, as he would no longer be in a co-taught English class, but the school would likely pivot his services to be check-ins, study hall, etc (aka non-essential learning time for working on IEP goals). At the same time, it's very possible that his grades seem inflated because the teachers are following accommodations. For example, if he has an accommodation that says that a teacher reviews his written work with him before turning it in for a final grade, then it would appear he's doing better than if he didn't receive that accommodation. The good news is that even in college, students can receive accommodations via 504 plans - IEPs can become 504s in college, as IEPs discontinue after high school. So if you're worried about your son not doing well without accommodations, then he can continue to receive support. On the other hand, if you feel like the accommodations are becoming a crutch, talk to his case manager about phasing out the ones that worry you. Also, the IEP testing you're referring to where he scored in the 85-95 range on most areas is a simple snapshot of his intellectual and/or academic ability, but it does not always correspond to school success. Sometimes students do really well on the testing but still struggle in school, due to many other factors. It sounds like your son has great academic coping skills to make up for his deficits in his learning abilities. Also, for what it's worth, 85-95 range is still within the average, meaning that your son is performing typically in those areas compared to same-age peers. Maybe those are the skills he's relying on more heavily to be successful in his classes.

    Also, AP tests are very challenging and not always indicative of material/skill acquisition. As for your last point about grading his paragraph responses, it's possible that he was graded for completion and not accuracy. This is very common for nightly homework assignments. If it was a hardier assignment, I'd ask your son or his teacher about the grade. 

  • Searching for recommendations for an IEP consultant for high school level IEP that can help determine what services and supports are available for student. Student has had IEP since 3rd grade. Student was very successful in middle school with IEP. Consultant able to clarify what high school teachers and administrators can legally require of student. Familiarity with Contra Costa County high school districts will be very helpful. Thank You!

    I can recommend Carlo Rossi as a independent child advocate and IEP consultant with decades of experience. He knows the law inside and out; I know this because I took his legal class at SFSU. He's a smart, experienced, compassionate man. He is located in Sonoma county but consults all over the state.  You can contact him at 707-829-6690, crossi [at] saysc.org (crossi[at]saysc[dot]org)

  • We're grateful to those of you who recommended the Ann Martin Center for an educational assessment for out 10th grade daughter who struggles with reading. We had a good experience there and received a diagnosis consistent with our daughter's self-reporting. Now we have to start the process of requesting a 504 Plan at the late stage of 10th grade. ANy advice appreciated. Also, we're seeking an Educational Therapist in the Albany area who can work with our daughter to improve her reading skills. We have the name of Kristen Hawkinson as a starter. Thanks!

    We absolutely love 

    Lise Narath M.S.Ed
    Reading Connection
    www.LNreadingconnection.com
    510-388-8803

    our son loves her too. She is in Albany. Good luck!

    Does your child go to Berkeley High? If so 2 things:

    1. BOLD is a parent led support group for parents for kids with LD. Started by some parents 5 years ago, it meets once a month (tonight actually) from 6:30-8:30 on usually the 2nd Monday of the month. There you will get lots of support and suggestions and help with this process. Open and free to all parents.

    2. If your child goes to BHS we may have some suggestions of how to get a 504 specific to BHS (It appears).

    You can email bhsboldcontact [at] gmail.com & 1 of us will respond.

    good luck!

    I recommend requesting an IEP. 504 can be unilaterally changed by the school. There is a great Nolo self help book called something like 'The self help book on IEP's' Explains every step. I believe the school district needs to test the child also, besides the outside testing you received. Push and put pressure on the school district! I had to file a complaint withe the department of Education in Sacramento before all of a sudden we received everything my son had been needing so direly.

    An EXCELLENT educational therapist is Jane Ashley in Berkeley. Hope she has an opening! Her phone no. is (510) 601-9780. Best of luck!

  • My son has an IEP and is making the transition to high school.  He attends public school in the east bay. We just had a very difficult triennial IEP and I would like to find an educational consultant who can help us find agreement with the district but who will also, frankly, help us get what we want, which is what our son needs. 

    I would appreciate any recommendations or pointers. 

      Our family can highly recommend Deborah Bloom educational consultant / advocate  in San Ramon.  She is highly regarded with a depth of  experience.  Her work with us and BUSD was instrumental in our child's receipt of FAPE and well being today.  She has a website to check out and give an informational call to:

    +1 (925) 820-5480

    Call DREDF - For their recommendation on how best to proceed. They will provide free counsel. They also have workshops 
    www.dredf.org
    3075 Adeline Street,
    Suite 210
    Berkeley, CA 94703
    510.644.2555 v
    510-841-864
    800-348-4232

    Deborah Jacobsen is an education lawyer who  has helped many families and their children.  She will be part of the upcoming DREDF workshop on Solving School Disputes 3/18. 

    Best wishes to you.