Law and Rights
By Michelle Ball, California Education Attorney for Students since 1995
I get frequent calls from parents with children on 504 Plans (disability accommodations plans) which seem symbolic due to lack of implementation at school. Failing to follow the 504 Plan is completely and totally improper and schools can get in big trouble for ignoring 504s.
Some issues I see with 504 Plans are:
1) Poorly written (e.g. not adequate number or specific enough accommodations), or
2) Lack of enforcement, or
3) No 504 Plan.
Presuming there IS a 504 in place with some form of accommodations included, parents should not be faced with the issue of compliance with the 504 by school personnel. It should be written and done, right? Unfortunately, 504 implementation issues are common. For example, the 504 states that the student is to be seated in the front of the classroom, and the teacher refuses. Or, the student is to be given classroom notes, but these never arrive. Maybe the teachers treat the student like they are not disabled and refuse to do anything written in the 504.
A 504 is a legally binding document which sets forth items the school or district must provide and implement, period. If they do not, their conduct could be found to be discriminatory.
If 504 issues exist, parents can bring in an attorney to straighten things out. If attorney communication with the school district does not work, the parent and/or attorney can file a complaint with the U.S. Department of Education's Office for Civil Rights. Implementation of a well written 504 Plan can change a student's life at school, and can mean the difference between graduating and failing, good grades and bad.
It is very important that parents understand the importance of a 504 and know that they have the right to have the items in the 504 actually DONE at school regardless of balking teachers. Don't let your school fail your child by ignoring this important document.
Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: [email protected]
- How To Prepare For And Write Enforceable 504 Plans
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Law and Rights
Does The School HAVE To Follow My Child's 504 Plan?
By Michelle Ball, California Education Attorney for Students since 1995
I get frequent calls from parents with children on 504 Plans (disability accommodations plans) which seem symbolic due to lack of implementation at school. Failing to follow the 504 Plan is completely and totally improper and schools can get in big trouble for ignoring 504s.
Some issues I see with 504 Plans are:
1) Poorly written (e.g. not adequate number or specific enough accommodations), or
2) Lack of enforcement, or
3) No 504 Plan.
Presuming there IS a 504 in place with some form of accommodations included, parents should not be faced with the issue of compliance with the 504 by school personnel. It should be written and done, right? Unfortunately, 504 implementation issues are common. For example, the 504 states that the student is to be seated in the front of the classroom, and the teacher refuses. Or, the student is to be given classroom notes, but these never arrive. Maybe the teachers treat the student like they are not disabled and refuse to do anything written in the 504.
A 504 is a legally binding document which sets forth items the school or district must provide and implement, period. If they do not, their conduct could be found to be discriminatory.
If 504 issues exist, parents can bring in an attorney to straighten things out. If attorney communication with the school district does not work, the parent and/or attorney can file a complaint with the U.S. Department of Education's Office for Civil Rights. Implementation of a well written 504 Plan can change a student's life at school, and can mean the difference between graduating and failing, good grades and bad.
It is very important that parents understand the importance of a 504 and know that they have the right to have the items in the 504 actually DONE at school regardless of balking teachers. Don't let your school fail your child by ignoring this important document.
Best,
Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: [email protected]
Website: http://www.edlaw4students.com/
Blog: http://edlaw4students.blogspot.com/
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Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.! This blog may not be reproduced without permission from the author and proper attribution of authorship.
- How To Prepare For And Write Enforceable 504 Plans
By Michelle Ball, California Education Attorney for Students since 1995 A 504 Plan is a key document for disabled students who may not qualify for special education. However, drafting these plans can be confusing and execution flawed due to lack...
- Five Steps To Take To Get Disability Accommodations In College
By Michelle Ball, California Education Attorney for Students since 1995 Once a student transitions from high school to college, their world changes. If they were a special education student with an IEP (Individualized Education Program) in their...
- Interdistrict Transfers In California: Can A School Require You To Reapply?
By Michelle Ball, California Education Attorney for Students since 1995 Interdistrict transfers (move of student from one school district to another at parent request) are common events. A parent does not like where their child attends school,...
- How Do You Get Your Kids School Records Released?
By Michelle Ball, California Education Attorney for Students since 1995 School records created by a high school, elementary school, private school, or school district, can loom as an unknown for many parents. One way to debunk the mystery is to...
- If Your Child Is Questioned At School, Don't Allow Them To Provide A Statement Lest They Be Expelled
By Michelle Ball, California Education Attorney for Students since 1995 Schools may question students to investigate bullying at school, ask about fights a student has seen, or inquire about something the student may have done at school. However,...