Site hosted by Angelfire.com: Build your free website today!
"504? What's That?"
A UVA Case from Seth Muraskin
This case is the property of the The University of Virginia and should not be copied or distributed without permission.
Contents


Scene 1

Beginning of the school year conference in guidance requested by Ms. Williams to meet with teachers and to discuss her son Dante’s 504 Plan.
Scene 2

Ms. Williams and Alice Chapman, a mother of a boy with a 504 in Dante’s Geometry class, discuss how the school year is going.
Scene 3

Child Study meeting to discuss special education services has been requested by Ms. Williams.

Scene 4

Dante meets with the school psychologist, Dr. Mary Poppas, for psychological testing.
Scene 5

Special Education eligibility meeting takes place. Test results are discussed.
Scene 6

Ms. Williams and Alice Chapman sit next to each other at a basketball game and discuss their sons' progress


Scene One

Beginning of the school year conference in guidance requested by Ms. Williams to meet with teachers and to discuss her son Dante’s 504 Plan.


Ms. Williams walked into the guidance suite at Lakeside High School at 8:25 a.m.. She liked to be early for meetings and this one was scheduled to start at 8:30. It was the Friday before classes began and she had a meeting with her son Dante’s guidance counselor and his teachers. By 8:45 Dante’s Geometry teacher, Ms. Janice Garble, was there with her student teacher Claire Kellogg, along with Mr. Ray O’Meara, Dante’s English teacher. There was still no sign of Connie Westerly, Dante’s guidance counselor until 8:50 when Ms. Westerly walked in. “I’m so sorry, I totally forgot about this meeting.  Everyone please sit down. I’ll be right back.” Off she darted to her office.

When she came back she had Dante’s file in one hand and a soda in the other. She announced that the other teachers could not make the meeting but they would be happy to talk to Ms. Williams at another time. Ms. Westerly began the meeting. “This is Dante’s sophomore year here Lakeside High School. He has a 504 Plan with some special accommodations.” Ms. Westerly turned to Ms. Williams with a big smile on her face, took a big gulp of her soda and said, “I think that everyone here knows Minnie Williams, she works in the Special Education Department as a classroom assistant.  Minnie, why don’t you explain the 504 to everyone?”

“Last year Dante was able to pass his classes and SOL’s, but it was hard on both of us. I knew it would be important to become involved with Dante’s school on a daily basis and that was why I got a job here last year." Looking around at a small group of blank faces did not make things any easier but she continued. “Dante takes a time release dose of Ritalin in the morning and that helps him with his concentration during the day. Concentration is one of his main issues.  Dante forgets things and can be very disorganized. It is very important that he does not fall behind in his assignments. He does well in classes that are very structured.” At this point she stopped because she wasn’t sure if she was making any impact on the others.

Ms. Westerly, impatient with the meeting already, started to summarize what Ms. Williams had said. “It sounds like you are concerned about Dante getting off to a good start this year and you want to ask the teachers if they can keep you informed regularly about his progress.  Is that right Minnie?”

“Well, that is true Connie, but I was also hoping to talk about the classroom accommodations in the 504 Plan.”

“Oh that’s right!” she said as she put down the soda and pulled out the plan. "I have it right here.  Let me see. Ok.  It says preferential seating, encourage Dante to use an assignment book, reduced assignments on math tests and quizzes.” Shrugging her shoulders she continued. ”Chunking assignments? An extra set of textbooks sent home, clarification of directions, use of process cards for multi-step processes. and extended time on tests and quizzes.” Ms. Williams knew that at that point she had the teachers' attention. She saw their eyes widen when Ms. Westerly mentioned an extra set of textbooks and the process cards.

Ms. Williams said, “I know it’s a long list, but it was written two years ago when Dante was still in middle school.” Looking at Ms. Westerly she said, “It was never updated last year. Dante doesn’t need all of those things anymore. Some of them he won’t use anyway. He’s your typical teenager. He doesn’t like to draw undue attention to himself. The main things I’m concerned with are preferential seating, clear directions and the use of the process cards.”

When Ms. Williams had finished Ms. Garble looked at her very quizzically and asked with a bit of venom in her voice, “What exactly are process cards? I don’t think I have ever heard of that before.”

“Dante used them last year for Algebra with Ms. Collier,” Ms. Williams said defensively. “They are steps for problems broken down into parts and written out on note cards.”

Immediately Ms. Garble raised her eyebrows and said, “And you want him to be allowed to use these cards when taking a quiz or a test?” Ms. Williams nodded. “That’s cheating!” Ms. Garble said in a rather loud voice.

That statement took Ms. Williams completely off guard but before she could say another word Ms. Westerly said, “I agree. I don’t think that would be fair to the other students.”

All of a sudden all Ms. Williams' embarrassment, and nervousness turned to anger. Trying to keep the anger in check, she shot back, “It is not cheating! It is a way for Dante to keep the formulas straight in his head.”

“Well, I never heard of it before,” said Ms. Garble. “In my class, students are expected to memorize the formulas. Ms. Kellogg will be teaching the entire first semester starting from day one and I’m afraid that Dante will not be allowed to use any of those cards for quizzes or tests.”

Ms. Williams felt tears began well up in her eyes. It was at this point that Mr. O’Meara finally said something, “I just want to say that the I’m fine with all the accommodations. I don’t think the cards apply to English, but it’s not an issue for me.” He made eye contact with Ms. Williams and smiled.

The relief was only temporary as Ms. Westerly said in a very condescending tone, “I don’t understand why students in advanced level classes expect to get special treatment.  I still don’t think it’s fair.”

On the edge of either yelling or crying, Ms. Williams managed to say that it was in the 504 Plan and Dante had used the cards last year without a problem. She knew that without those cards Dante would be lost- he just couldn't concentrate. At this point she decided to end the meeting.  She needed to find Janet Abecrombie, the Math Department Chair, and discuss this with her.

504 Links

Process Note Cards

Example Cards

Example 504

Click here to return to the Table of Contents.

Scene Two

Mrs. Williams and Alice Chapman, a mother of a boy with a 504 in Dante’s Geometry class, discuss how the school year is going.


It’s a chilly football night in early October. Ms. Williams has come to watch her son Dante play. As she walks up into the stands carrying her hot chocolate she hears a loud familiar voice calling her.

“Minnie! Minnie! Come on up here and sit right next to me!”

“Hi Alice, I’m coming.” Mrs. Williams makes her way through a densely packed section of people and finds a seat reserved for her right next to Alice Chapman.

“How is Charles doing? Dante said he was limping at the end of practice yesterday.”

“I really wanted to talk to you about Carl and his Geometry class. That student teacher, Ms. Kellogg, is just horrible. And Ms. Garble isn’t much better. How is Dante doing in that class? Are they following his 504 accommodations?”

Ms. Williams let out a loud sigh “Well, to tell you the truth I am so frustrated about this whole situation.  I’m not really sure what to do. After that horrible meeting in guidance, Janet Abecrombie and I talked about the process cards. At first she said "no", but after I explained how Dante used them last year she became more supportive. Ms. Kellogg and Ms.Garble are a different story.  Even with the support of Ms. Abecrobie there have been a few quizzes and tests when they did not let him use the cards.”

Ms. Chapman shook her head knowingly.

“I understand your frustration all too well. We asked for preferential seating because of Carl’s vision problems. They put him in the third row.”

“I know he sits right next to Dante.”

“Now how do they expect a boy with severe visual problems to see the board from the third row? Another thing is that they were supposed to make a copy of their notes for Carl.  That’s still not happening. He’s failing and I don’t know what to do. He got a 55 on the test they had Wednesday.” Tears were welling up in Ms. Chapman's eyes.

Ms. Williams put down her hot chocolate that was keeping her warm and reached into her purse for a tissue.

“I spoke with Ms. Kellogg yesterday and she told me that the highest score in the class was a 73. Something is just not right in that class. I have been talking to her at least three times a week asking for clarification of assignments. I’m confused about them. I can’t believe that the rest of the kids aren’t. How are these kids going to be able to pass an SOL test at the end of the year?"

Ms. Chapman’s voice had a lot of anger in it “I have talked to the principal, Mr. Augustus. He told me he spoke to all of Carl’s teachers about following the accommodations but I have not seen any changes. We have asked for Special Education testing. Since they won’t follow a 504, maybe they will follow an IEP.”

“Special Ed testing? I may have to look into that myself.” said Ms. Williams

Classroom Accomodation

Example Accomodation

Click here to return to the Table of Contents.

Scene Three

Child Study meeting to discuss special education services has been requested by Mrs. Williams.


“Good morning” said Hank Bean, Chairman of the Child Study Committee. “Thanks for coming to yet another early morning meeting. Please have a seat anywhere around the table.” Everyone filed into the room and sat around a square conference table. “I think we all know each other, but let’s stick to the formalities and go around and introduce ourselves. I’m Hank Bean, Child Study Chair.” Everyone present went around the room and introduced themselves. (The committee is typically made of the following people:  Special Education Department Head,  Special Education teachers' concentrating on learning disabilities and emotional disturbance, school psychologist, school social worker, school nurse, counselor, parent, student and teachers.)

“Ok!” said Mr. Bean, “Let’s get started. Minnie has asked that we do some testing with Dante to look for some processing problems. He currently is on a 504 Plan because of  Attention Deficit Disorder. And I believe he is taking Ritalin for that, is that correct?”

“Yes. He takes a time-released dose, so he only needs to take it once a day in the morning. It really helps him focus, but it’s not a cure all.”answered Ms. Williams.

“It also looks like Dante passed all of his classes for the first quarter," said Mr. Bean. "Minnie, can you tell us why you think there is a processing problem and maybe what you think special education will be able to do for Dante if he is found eligible?"

Ms. Williams replied, “I am concerned because Dante is working so hard and he is only just getting by. I talk to his teachers every day to make sure he has the right assignments. Dante is spending 3-4 hours a night on homework. He tries to do it himself, but I end up having to work with him most of the evening. I brought a report from Dr. Dan Huxley.  He is a private psychologist who has been working with Dante on the ADD issues. He was the one who suggested that I have the school look at processing problems.”

“Ok! Thanks! Now let’s go around the table and hear how Dante’s doing in his classes. Mr. O’Meara, let’s start with you.”

“I think Dante is great.  He works really hard in class and his work has been good. I notice some problems with organization and handwriting, but Ms. Williams seems to spend a lot of time making sure Dante has everything done. I will say that Dante is very quiet. He never volunteers to speak and doesn’t like any attention drawn to him.”

Mr. Bean looked towards Ms. Garble and Ms. Kellogg and said, “How about Math?”

Ms. Garble started by saying, “Dante doesn’t really stand out in class. He seems to be doing all right. Ms. Williams spends a lot of time asking about upcoming assignments” She turned back to Ms. Kellogg and said, “He seems to be keeping up, don’t you agree?”

Ms. Kellogg is very nervous about speaking in front of all these teachers. After a brief pause she manages to stammer out a statement, “Dante . . works really hard. . . I’m going to miss him . . . when I leave in a couple of weeks.”

At this point Emma Wiggins, the Special Ed Chair, could contain herself no longer, “Minnie, I haven't heard that Dante’s having any real problems. We can go ahead with testing, but from the information being discussed here I don’t think he’ll qualify for services. He already has a 504 with accommodations.” She turns and looks directly at Ms. Westerly and continues, “Why don’t you try get someone to make sure the classroom accommodations he has are being implemented?”

The meeting continues. In the end Ms. Williams decides that she would like to go forward with the testing despite what the committee has told her.

ADD

Example Referral

Click here to return to the Table of Contents.

Scene Four

Dante meets with the school psychologist, Dr. Mary Poppas, for psychological testing.


Dr. Poppas sat in her office going over reports when there was a light rap on the door.“Come on in! It’s open!”, Dr Poppas said in a voice louder than she wanted it to sound.

.“Dr. Poppas?”

“Dante? Come on in. It’s good to see you. Why don’t you have a seat in the chair next to the desk. Motioning to the chair she said, “Please sit, make yourself comfortable. Would you like something to drink?”

“No thank you ma’am. I’m fine.” Dante was very nervous. He was always shy and hesitant around people he did not know.

“Dante, before we start doing the testing I thought we could just sit and talk for a little bit. Is that all right with you?”

“Sure, what do you want to talk about?”

“Well, how about we talk about how you are doing in school. What’s your favorite class?”

Looking down.“English.”

“Why?”

Dante takes a while before he answers. While he is thinking he is looking around the room. Finally he answers without looking at Dr. Poppas. “I think it’s really interesting. And I like Mr. O’Meara. He’s pretty cool.”

“What class are you having the most trouble in?”

Dante looks down at the floor again. He appears to be very fidgety and starts to squirm slightly in his seat. “Geometry. We have a student teacher and I don’t think she knows what she’s doing. I’m really confused in there and I think most of the rest of the class is too.”

“Is the regular teacher helping?”

“She tries.” He shrugs his shoulders.

“Dante, how do you feel about your mom working here at the school?”

He begins looking around the room again. “I know she helps me out a lot, but it’s kind of embarrassing.”

“How does she help you out?”

Dante started shifting around in his seat slightly looking pretty uncomfortable. “She makes sure I have the assignments turned in on time and she makes cards for me so I can study easier. She does spend a lot of time at home helping me but I think I can do it myself.”

“Do you ever worry about things?"

Suddenly, looking up and looking directly at Dr. Poppas for the first time, Dante says, “Yeah . . . everything.”

ADD

Example Student Work

Example Psychological Report


Return to the beginning of this case

Scene Five

Special Education eligibility meeting takes place. Test results are discussed.

Ms. Bella Allen, the Special Education Coordinator, started the special education eligibility meeting on time at 1:30.

 Ms. Williams  decided to ask her sister along for some support. Everyone was introduced; Dr. Poppas, Ms. Wiggins, and Mr. O’Meara as the regular education teacher. Ms. Allen called for the summary of testing.

She began, “Ms. Williams, if at any point you want to comment please feel free to do so. Also, if you feel that something is inaccurate or if you feel strongly something should be worded differently please say so. Ok Dr. Poppas, please begin.”

Dr. Poppas began by summarizing the results of her testing in a calm steady voice,“ Dante is a relatively young 10th grader with a history of ADD and anxiety whose current test scores underestimate his high average cognitive capabilities. Current results reflect mild inattention and distractibility in addition to some constriction due to anxiety. Other than his ADD there is no evidence of an underlying processing deficit that would suggest a learning disability. Dante might benefit from involvement in counseling.  In math Dante would do better with fewer problems at a time and breaking more complex problems down into simpler steps. Advance preparation is likely to help minimize performance anxiety. Dante benefits from clearly defined expectations for his performance. If he knows exactly what is expected of him, he is less likely to worry about meeting expectations and making a mistake.”

Ms. Allen turned to Ms. Wiggins and motioned for her to give her summary.

“In 8th grade Dante was evaluated for special education but did not meet the criteria. He was placed on a 504 Plan and remains on one at present. Dante was diagnosed with Attention Deficit Disorder and takes medication to help with attention. Dante has received mostly A’s and B’s, with a few C’s on his report card. Teachers describe him as quiet, hardworking and conscientious. He passed all of his SOLs last year. Current achievement scores fall in the average range and do not reflect discrepancies. Handwriting is poor and at times appears to be a major factor affecting his output.”

“Ms. Williams, is there anything that you would like to say.” Ms. Allen asked.

“Well . . . I just want you all to understand how hard Dante is working and the hours that I have been putting in.” Ms. William’s sister gave her hand a little squeeze and a slight nod of encouragement. “I started working here so I could be on top of all of his assignments and so I could keep in touch with Dante’s teachers. I have really tried to be proactive. I’m just afraid that next year if he doesn’t get a resource class and I’m not here he might fail. He really needs someone here at school to do what I have been doing.”

Ms. Wiggins jumped right in, “ Minnie, you just have to let go! You don’t know how he will do on his own because you have never given him that chance. He’ll be fine. Besides we all know that the only reason you brought this to special education is because guidance isn’t doing what they are supposed to do about Dante’s 504. What you really need to do is go back and talk to Freddy Augustus about that whole situation.”

“Please, let’s get back on task here.” Ms. Allen said. “I really don’t want to get into a 504 discussion. Dr. Poppas, what is your conclusion about special education eligibility?”

“I don’t see ADD adversely affecting Dante’s educational performance. He is making C’s and above in all of his advanced level classes. I’m concerned about the anxiety piece and I would recommend consulting with Dr. Huxley and your pediatrician about possibly changing his medication to deal with some of those issues. I will also be available to work with Dante at school to help him work on the anxiety.”

 Again, Ms. Allen turned to Ms. Wiggins. “Ms. Wiggins?”“

 I agree with Dr. Poppas. Dante is passing his classes. Educational testing didn’t show any processing problems. He did take his time to answer questions but that was probably the anxiety. There was no discrepancy between his ability and achievement.”

Mr. O’Meara cleared his throat and interjected, “Excuse me.  I know I don’t know much about special ed. I have sat here quietly for the whole meeting.  Listening to what everyone has said, I don’t understand something- if the kid needs help why can’t we just give it to him? It’s obvious how hard Ms. Williams is working with Dante. Why can’t the school pick up the slack for her and help them out?”

“Because he is not failing!” said Ms. Wiggins

.“Well, I want to go on record saying I disagree with this decision. It’s just not right.”

Ms. Williams couldn’t speak, she just sat there and started to cry.

Special Education

Return to the beginning of this case

Sample Eligibility Summary

Scene Six


Ms. Williams and Alice Chapman sit next to each other at a basketball game and discuss their sons' progress

Alice Chapman turned to Ms. Williams and said, “How many days until we see the last of Ms. Kellogg? Ms. Williams just shakes her head. Ms. Chapman continued, “You know what? Ms. Garble had that girl teaching from day one and I think she is going to teach until the day she leaves.”

“I was thinking about complaining to someone at the university. That woman should not be teaching an SOL class,” said Ms. Williams.

“That girl should not be teaching any class. If Carl is not ready for that test at the end of the year, there will be you know what to pay.” Shaking her head Ms. Chapman went on. “Did I tell you that they found Carl ineligible for special ed. services?”

“No, but I heard it through the grapevine. Emma Wiggins told me that I would have to let Dante fail before they would help him. No way that’s going to happen!”

“She told us that because Carl wears glasses, he doesn’t have a visual impairment. The boy has 20/200 vision! If she only knew what it was like,” she said with a sigh

.“What are you going to do?” asks Ms. Williams.

“I called Mr. Augustus and asked for a meeting with all of Carl’s teachers to talk about how to make sure the 504 is being followed by all the teachers. What about you?” asks Ms. Chapman.

“Well, first I called Dr. Huxley and scheduled an appointment. He is going to look at the anxiety and do more testing. Ms. Allen told me that I could appeal the decision if I wrote a letter.  I did that. I also asked Mr. O’Meara if he would write a letter.  He said yes.”

“And can I tell you something Alice? Ms. Chapman nods "yes". “Please don’t say anything to anyone about this.” She paused.

Ms. Williams waited and seemed to reconsider whether she wanted to continue. “I called a lawyer. . . someone who specializes in special education law.”

Ms. Chapman’s eyes lit up. “Really! What did he say?”

Leaning in closer and speaking softer, Ms. Williams said, “He said I had a pretty strong case. He said failing is not an eligibility requirement. He also said that as far as the 504 goes they could be in trouble with the Office of Civil Rights because they did not follow procedures.

 “Wow! Ms. Chapman said with a look of astonishment in her eyes as the buzzer sounded to start the game.

Student Teacher

SOL

Parent/Teacher Letter

 

Guided Questions

 


Return to the beginning of this case