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Getting runaround from the school about the 504

Discussion in 'Parents of Children with Type 1' started by Lee's Mom, Aug 12, 2009.

  1. Lee's Mom

    Lee's Mom Approved members

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    I was wondering if anyone had some suggestions for getting the school officials to stop giving the runaround for setting up a 504. The principle says talk to the school counsler ther counsler says talk to the urse the nurse says talk to the principal. I have made 3 appointments and they have cancelled them all including todays. What should I do Please help??????
     
  2. Kalebsmom

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    Most schools have a 504 coordinator I would call the school and get this persons name and number an d see of they can help you.
     
  3. Jordansmom

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    In our area, at the school level the Vice principal is also designated as a 504 coordinator. At the district level we have a dedicated 504 coordinator. If your school district has a coordinator you may get further with them because its their job to identify students with disabilities and get their 504 meetings scheduled. Usually the school nurse is not the one to arrange a 504. But I guess every district has a different process.

    I'd also make sure your request to the Principal for a 504 be in writing. Most schools have a time limit for convening a 504 meeting after an official request. Don't know what the time limit is, but I've seen it mentioned here before.
     
  4. gboysmom

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    Shoot...if ya can't get them to sit down with you, then go over them and talk to someone at the district offices. They will get it straight for you or at least I think they should. What a bunch of lazy's! :(
     
  5. Nancy in VA

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    They have 30 days from a written request to hold a meeting. Get the written request in, if it wasn't already in writing, and start counting. If it was, remind them of this deadline and then take it up
     
  6. selketine

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    Was your request in writing? If so - how long ago?

    If not, write a simple letter to the principal of your school (it does not have to be cc'd to the 504 coordinator or anyone else but you can if you want), requesting a meeting be held to consider your child for a 504. I would start the letter by noting some of your past history of trying to schedule the meeting - if indeed that had scheduled a formal, sit-down meeting with the "team" they must assemble to do the evaluation. The letter would be something like "Dear Principal, Please schedule a meeting with myself and your school team at the earliest possible time within the next 30 days to consider my child _____ for a 504. I regret that the school has had to cancel our three previous meetings of "date," "date," and "date," to discuss this issue." And something about how you look forward to working with them to keep your child safe at school - etc etc.

    It sounds like the meetings that were scheduled were with individuals however - is that true? The official 504 meeting has to be with a group - technically - usually of people like the principal, counselor, teacher(s), nurse, etc.

    If you request this in writing the school MUST schedule this meeting if your child is already enrolled in school. I believe the federal guidelines say the meeting has to be held in a 'reasonable" amount of time - and your school system may have defined that (or not). Certainly 30 days is reasonable. If they refuse to schedule the meeting after this letter is sent - or give you a meeting time well off into the future - you can complain higher up the chain - either to your school district's 504 coordinator and/or to the OCR.
     
  7. Kaylesdad

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    There is no set time limit for the holding of a Section 504 meeting as per the law, but as stated above 30 days would be what most would consider reasonable and any extension or cancelations could be seen as discrimination in itself. The law does state that your school is responsible for childfind (the identification of those who would benefit from services) at least annually. I have included US Department of Education Law Title 34 for your information on the issue

    http://www.ed.gov/policy/rights/reg/ocr/edlite-34cfr104.html#S35

    Title 34 Part 104 Subpart D
    104.35 Evaluation and placement.

    (a) Preplacement evaluation. A recipient that operates a public elementary or secondary education program or activity shall conduct an evaluation in accordance with the requirements of paragraph (b) of this section of any person who, because of handicap, needs or is believed to need special education or related services before taking any action with respect to the initial placement of the person in regular or special education and any subsequent significant change in placement.

    (b) Evaluation procedures. A recipient to which this subpart applies shall establish standards and procedures for the evaluation and placement of persons who, because of handicap, need or are believed to need special education or related services which ensure that:

    (1) Tests and other evaluation materials have been validated for the specific purpose for which they are used and are administered by trained personnel in conformance with the instructions provided by their producer;

    (2) Tests and other evaluation materials include those tailored to assess specific areas of educational need and not merely those which are designed to provide a single general intelligence quotient; and

    (3) Tests are selected and administered so as best to ensure that, when a test is administered to a student with impaired sensory, manual, or speaking skills, the test results accurately reflect the student's aptitude or achievement level or whatever other factor the test purports to measure, rather than reflecting the student's impaired sensory, manual, or speaking skills (except where those skills are the factors that the test purports to measure).

    (c) Placement procedures. In interpreting evaluation data and in making placement decisions, a recipient shall (1) draw upon information from a variety of sources, including aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background, and adaptive behavior, (2) establish procedures to ensure that information obtained from all such sources is documented and carefully considered, (3) ensure that the placement decision is made by a group of persons, including persons knowledgeable about the child, the meaning of the evaluation data, and the placement options, and (4) ensure that the placement decision is made in conformity with 104.34.

    (d) Reevaluation. A recipient to which this section applies shall establish procedures, in accordance with paragraph (b) of this section, for periodic reevaluation of students who have been provided special education and related services. A reevaluation procedure consistent with the Education for the Handicapped Act is one means of meeting this requirement.

    104.36 Procedural safeguards.

    A recipient that operates a public elementary or secondary education program or activity shall establish and implement, with respect to actions regarding the identification, evaluation, or educational placement of persons who, because of handicap, need or are believed to need special instruction or related services, a system of procedural safeguards that includes notice, an opportunity for the parents or guardian of the person to examine relevant records, an impartial hearing with opportunity for participation by the person's parents or guardian and representation by counsel, and a review procedure. Compliance with the procedural safeguards of section 615 of the Education of the Handicapped Act is one means of meeting this requirement.
     
  8. Lee's Mom

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    Thank you Everyone I finally got a response from thr Princapal and it lookd like he is going to take some action.
     
  9. Becky Stevens mom

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    Quite often it will be the school psychologist that will also fill this role. And if they dont want to talk to you maybe they would prefer to talk to your lawyer:)
     
  10. Lee's Mom

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    Yes once a Lwayer was mentioned they got alot more cooperative. Kinda sad that it took that route though.
     

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