mrscervantes77
Oct 30, 2018

DHH

1 comment

My daughter is hard of hearing and is in the third grade. last year the previous School exited her out of her IEP for speech however left her as the primary of art of hearing. They opened her up a 504 plan which was never followed. She's at a new school this year and the school psychologist said she cannot have an IEP since she is not behind and deaf and hard of hearing services cannot stand alone. She says that each School District can make up their own rules regarding deaf and hard-of-hearing and what can and cannot stand alone is this true?

I'm just curious if because she is hard of hearing does she automatically qualify for an IEP regardless of if she's behind or not as schooling does get more difficult past 3rd grade. Also if she does not qualify for an IEP and is put on a 504 but is not followed what is the process for that?

 

appropriateeducation
Nov 7, 2018

 

Hello-

 

In order to qualify for an IEP as an individual with exceptional needs under the “hearing impaired” eligibility criteria, the assessments must demonstrate that the student’s impairment adversely affects her educational performance and requires special education. This means that a child has either a permanent or fluctuating hearing loss that impairs her ability to process information presented through amplified hearing channels and which also adversely affects educational performance. 34 C.F.R. Sec. 300.7(c) (3); 5 C.C.R. Sec. 3030(a).

 

So, it is true that an adverse effect on education such that a child needs specialized instruction is a requirement for IEP eligibility. Do you have any evidence that such an adverse impact has or is occurring with your daughter’s education? If there is, and she needs specialized instruction to benefit from her education, then she would qualify under this category and services would have to be implemented under an IEP.

 

A 504 plan is more of an accommodation plan. A 504 plan applies when a child needs special services and program modifications to reasonably accommodate the student’s condition so that her needs are met as adequately as the needs of students without disabilities. So section 504 protections are available to students who can be regarded in a functional sense as “handicapped,” i.e., students who have a physical or mental impairment which substantially limits a major life activity (such as learning), has a record of such an impairment, or is regarded as having such an impairment. [34 C.F.R. Sec. 104.3(j).]

 

So, rather than requiring specialized instruction for a child to benefit from her education (which an IEP requires), a 504 plan simply requires that a child’s disability impacts a major life activity (such as learning).

 

That being said, however, once a district acknowledges that a child needs an accommodation plan to access their education, they must follow it. There is a due process forum to resolve 504 disputes, or a parent can file a complaint with the office of civil rights.

A helpful resource on this topic is located at https://www.disabilityrightsca.org/publications/special-education.

Thomas

New Posts
  • Marie Rodolfo
    Nov 8

    My son has Expressive and Receptive Language delay. This means he has difficulty understanding what is said to him, and he has difficulty saying what is on his mind. He has had speech therapy since he was 2. He has now improved a lot on the expressive part. He still has difficulty constructing sentences so you usually just pick out the key words to be able to understand him. Now, in terms of what is being said to him, you still have to speak clearly and in short sentences. We are a bilingual family. In preschool, this did not really matter to his speech therapist. However, in TK, Kinder, and now first grade, they are attributing his language delay to his bilingualism (without referring to it outright, of course). Our school district has a very high population of English learners. Somewhere along the way, teachers and aides who are not SLPs have simply assumed as he gets older, he will learn to speak and understand English. His special education teacher in TK knew this from personally handling his IEP document, but still put him in ELD with other English learners. His gen ed teacher now in first grade, even said to me that my son does not “look” autistic and that he’s doing very well in class. My son is “high functioning” although I do not like using that term. He has ASD and language delays but I think he has high IQ since his gen ed teacher in Kinder said he was one of her students at the top of the class. In TK, he had high grades too at the end of the school year. So now basically, “impedes learning of self and others” is hard for me to contest since he gets high grades. Then, gen ed teachers just assume (without saying it out loud), he is bilingual so he is a little slow in speaking and understanding English. I am still reading and researching on how best to help my son during annual IEP meetings. Language delay is something that you cannot out grow. He will be in speech therapy even as he gets older. Now it is affecting his reading comprehension too. He is excellent in Math. And he is on the opposite end when it comes to Speaking, Listening, Reading and Writing.
  • sammybaby336
    Sep 7
  • gokhangulec
    Sep 7

    Hi, we are expats in Europe and will be back to San Diego in a couple of months. Our child has severe cerebral palsy. Which schools can she go to? What are the financial benefits? What are the processes we need to follow? Many thanks for caring to answer our questions. Gokhan
Stay Connected!
Join Now!

FEATURED PROVIDERS

Follow us!
  • Facebook Social Icon
  • Twitter Social Icon
  • Instagram Social Icon
© Copyright 2014 My Special Needs Connection, L.L.C