Christa: Can a 504 be filed with a child that has a sensory processing disorder. My child’s school says no.
Section 504: SENSORY PROCESSING DISORDER AND 504
Special Education Law and Advocacy
Yes – It is covered. There are many sites on this w/more information, and although this is an older question I thought it would be worth it to share. There are a number of studies as well, clearly illustrating how addressing sensory needs improves classroom performance. Additionally, the studies documented that the majority of teachers were “skeptical” and “resistant” to training on sensory issues – they are far more likely to perceive the behavior as a ‘problem’ and will attempt to stop it, likely resulting in the seeking of alternative behaviors which may be just as- if not more- destructive as those they are hoping to diminish.
Good luck to anyone out there in this battle – we opted to homeschool after a frustrated teacher took out her irritation physically w/my child.
Sad, but very true. Educators need more training & support.
My child has SPD. When he turned three and lost his sensory occupational therapy services (not covered in his IEP) I went to an advocacy attorney for help.
He instructed me on how to complete the form for his 504. He said to NOT list SPD as his primary concern. My son also has GERD-Reflux and constipation issues (also sensory related). We listed those two as his primary 504 needs and sensory was last.
He qualified for a 504 but was not in an educational setting. Now as a kindergartner we are getting his 504 in place. Good luck!
Christa: Last week, the Department of Justice issued new regulations that significantly expand who is covered under the Americans with Disabilities Act and Section 504.
The new rule says that “the definition of ‘disability’ shall be broadly construed and applied without extensive analysis.” Conditions from cancer to diabetes, epilepsy, ADHD, learning disabilities and other conditions should be protected under the ADA.
It’s likely that a child with a sensory processing disorder is covered. You need to review the new rules:
https://www.federalregister.gov/articles/2016/08/11/2016-17417/amendment-of-americans-with-disabilities-act-title-ii-and-title-iii-regulations-to-implement-ada