Is a Developmental Delay Considered a Disability?

Updated on May 12, 2013
A.N. asks from Anchorage, AK
9 answers

My son who is turning 8 next month was just diagnosed with developmental delay. Mostly his fine motor skills and some sensory issues as well. Does that mean he will be getting extra help at school? His OT mentioned a 504 but his teacher does not think that he would qualify for that. He is doing so well in reading and math. His handwriting seems to be a problem. It takes him a very long time to write something nice and neat. He shows that he can do it though. Im confused because his teacher is telling me one thing and his OT is telling me another. I don't feel like she misdiagnosed him. I have suspected something, I just wasn't sure what. Anyone go through this with their kiddo? TIA

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K.C.

answers from Los Angeles on

If he has a diagnosis, he should receive help. Create an IEP for him that outlines his issues and the help he needs.

The therapist will know more than the teacher about what he qualifies for since that is her job. The teacher doesn't have as much experience. It's more likely that she's telling you he doesn't qualify because she doesn't want to deal with it all.

Listen to the OT and get him the extra support. It will go a long way in improving his confidence in his ability to do the work and in doing it well.

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M.P.

answers from Portland on

If he's OT is suggesting a 504 plan then ask for it. I suggest that you make an appointment with the district office that manages such programs. I suspect that the teacher doesn't understand the program and/or your child's needs. The OT is the expert here and should be listened to.

Federal law requires that all school districts provide for diagnosis and treatment of all conditions that impact school success. Each district has a special department set up for this. If your son's school doesn't know the phone number call the school district office to get it.

He may not need help with reading and math but he needs help with handwriting. A 504 plan will provide the help he needs. But first the school district has to either do an assessment or accept the assessment of his OT and then they'll hold a meeting with you to decide what sort of help they can provide.

My grandson is in a school just for kids with special needs. He's speech delayed and now has been diagnosed with autism. He's on the more extreme side of special ed. He has an IEP.

My granddaughter has a 504 plan based on her inability to focus. She has ADHD. She has help with study skills and English and Math. She is not considered special ed, but her program is managed by the same office as the program for my grandson.

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D.G.

answers from Modesto on

Usually, developmental delays are detected when a child is under the age of five. We have an adopted child who was considered to be developmentally delayed when she was in pre-school, but we were told that the terminology changes once a child is six. Olivia has had an IEP since the first grade. She's gotten the help she's needed all through elementary school and has improved greatly over the years.
A 504 plan is a really good start, but you may find that an IEP (Individual Education Plan) will be the best way to ensure that your child will receive the help he needs in school. With a 504 plan, the teachers write up ways they can assist the child in succeeding in school. Unfortunately, the 504 plans can be written in such a way that the teachers can be protected if they do not follow through on the stated "suggestions". If you want to save yourself some headaches and you have an actual diagnosis from a doctor, you may want to ask in writing for a test battery to find out the specifics of your son's learning disabilities. Once the results of the testing is complete, a team of teachers can hold an IEP meeting (at your request) with the school psychologist present in order to present the test findings. The IEP affords you more definitive results than the 504 plan and the staff must comply with the goals of the IEP.
My son has had a 504 plan for the past three years because of his asthma and ADHD. Unfortunately, the 504 didn't ensure that he would receive the help he needed in order to pass his algebra class this year (he's in the 8th grade). When I saw that he had received a D- on his report card, I went to the school office with a short note requesting a test battery including the names of the tests that should be included in the battery in order to set up an IEP for his high school years. His IEP is next week. I'm hoping for better results than what we got from the 504.
Just so you know, the 504 plan was initiated through the Rehabilitation Act of 1973 in which section 504 states "No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance" (namely schools).
I hope my experiences help you as you walk the journey of getting help for your child. Please feel free to contact me if you have any questions. I'm more than happy to help.

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G.B.

answers from Oklahoma City on

I am not sure what all qualify's a child for a 504 plan but my grandson has one and it's simply for behavior and ADHD. If he's been evaluated and diagnosed by one that has the authority to diagnose that particular issue then the school has to accept it and make a plan IF, IF, IF they receive federal money for anything like the lunch program or some other money from the government.

There is a tag with this law on it on every financial benefit a school gets from our Government according to what I've read. So it the school does the free/reduced lunch program or has any funding coming in for kids with developmental disabilities then they have to use the other programs like the 504.

I googled What qualifies a child for a 504 plan in Alaska and here are some links.

This link is for Fairbanks schools but I'd think it was very similar in your town.

http://specialchildren.about.com/gi/o.htm?zi=1/XJ&zTi...

Then here are some general articles about what the plan is and how it is intended to be evaluated and applied.

http://www.brighthubeducation.com/special-ed-law/50503-wh...

http://www.kidslegalaid.org/parents/education/504.htm

http://specialchildren.about.com/od/504s/f/504faq1.htm

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*.*.

answers from New London on

This is not the teachers area of expertise--It is the OTs. Sensory is a nuerological inefficiency. I know, I have it-- and never received OT for it...Sadly, because nobody in my school sysytem who looked "typical" and passed school w/ ok grades would have received OT way back then unless they had a Mom who knew what the OT knows.

I have worked w/ families for yrs and yrs. Listen to the OT and get him the support he needs. Most teachers I have talked w/ have no idea what sensory is an have no idea how important OT is.
*I just helped my good friend out. Her daughter had similiar issues. The 2nd grade teacher told her that she was fine and that she will catch up. I, then, talked w/ my friend --and she decided to go outside the school for testing. Her daughter did need support from the OT and another specialist! **I am reading that you are suspecting something...Therefore, have him evaluated and you will have an answer ! See if the program "Handwriting Without Tears" is in your area. **I, myself, have sensory...Please feel fee to ask me any questions. The school can assess him. Or you can get him assessed privately.

**Sensory should be tested by an OT who has the EXTRA training in sensory. Many OT's do not. But, yours sounds like she is on the ball.
A test called the SIPT can be given, too. Sensory alone will not qualify your son for a 504 in my state. The OT will have the answers you need.

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J.W.

answers from St. Louis on

Maybe, maybe not. Our district requires a diagnosis before they can offer any long term services via the IEP. They do not do 504s here so I know nothing about them.

The problem with fine motor skills is that it isn't a disability. Two of my kids stink at art, that is a fine motor skill, but it is a talent they do not have. They also have very bad handwriting, again a skill. Your son has bad handwriting, that isn't a disability. If he has an actual diagnosis that drives it, then it is.

So they are both right, you need to see a doctor for the tie breaker.

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Z.B.

answers from Toledo on

I think you're going to need to find out who at your son's school is the right person to talk to. Some schools will call them Special Ed teachers. My SIL is a Speech Therapist, and her colleges are called Resource Teachers and Life Skills Teachers. At any rate, you need to talk to someone who specializes in special ed. Keep in mind that a classroom teacher took 1 or 2 classes in special ed, whereas a special ed teacher took 7 or 8. The classroom teacher is in a good position to notice some signs and behaviors of students and refer them to a special ed teacher. The classroom teacher is not qualified to diagnose or to tell you that your OT didn't give you the proper diagnosis.

Also, it sounds like one thing that your son could benefit form is extra time to complete assignments or even extra time to complete an exam. That's the type of thing that an IEP might include (I'm really not familiar with a 504 plan, sorry).

So, I would further investigate. Find out who you do need to talk to, and set up a meeting with that person to discuss your son's needs.

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M.M.

answers from Los Angeles on

I would not call it a disability, but you need to ask for assessment from the school. If the assessment finds he needs help then they will either make accomodations and/or give him OT. he does not need a diagnosis. Check your schools website for how to get an asessment. You can usually call them and they have to do an assessment within 30 days.

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P.K.

answers from New York on

Does not sound like he would qualify. Fine motor skills not up to par; boys
Tend to be no so great in that area. Just the nature of the beast. You say developmental delay? Where is the delay. It is up to the school to determine if he needs special services.

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