updating 504

[Kelley2522]

Last fall you ladies helped me to have a 504 granted for my son entering preschool. Now that ds is going to be in K in the fall his 504 needs updated. We have a meeting scheduled for August, but the school is making all these demands as if we have to start all over. They are wanting physician access, test results, want to know "how allergic he is." I am so frustrated because I thought we had been over all of this. We also have a brand new nurse that isn't helpful at all.

My main question is; can they remove accommodations that they have already granted in his 504? I have some things that I know they will regret giving me, and I think they are trying to scrap the original 504 and rewrite another one. Can I stop that from happening? This school district doesn't follow any rules as far as procedures go. I can't find anything about removing things from 504 plans online.

Also, when there is a 504 violation, how do you handle it? Do you write a letter of understand and what exactly is that? I had a huge violation (as in they moved him to another class and didn't follow ANYTHING from his 504) last week and I emailed the principal about it, but he didn't really seem to care. My ds is the first in the district with a 504 for allergy and I feel I am being punished for seeking it out for ds.

[twinturbo]

One question with many possible answers.

By the official rules, as long as it is necessary and appropriate, and is neither an undue burden nor changes the fundamental nature of a program there's no reason it should be taken away.

But systems are run by people and people find can exploits such as technicalities, throw endless distractions, social engineering, intimidation, bs or outright lies... anticipate probative attacks from a multitude of vectors.

Hold pat. You've got a 504, my guess a good, solid 504 or the school wouldn't be trying to rattle your cage in to giving them a reason to invalidate it. For sure you're being challenged, both by action and bureaucratically. Sign no waivers, don't give them access to your allergist, don't answer nonsense questions like how allergic is he. It's life threatening, affects major life activity hence 504.

Stick to the process through a marathon of calm, methodical answer to each challenge. Document what is being violated in your 504. If it's not in your 504 it's not a 504 violation even if it still violates standing ADA law in effect. Time, date, names, outcomes, actions for resolution, all of it. Get ready to know how to walk the chain of command when resolution is not happening at the teacher, principal level, next try special ed coordinator and possibly OCR or DOJ if you've exhausted other means.

In practice I'd send precise, civil responses using 504/ADA verbiage in a reasonable time frame - meaning that you avoid knee jerk responses or make it seem that they can demand your time at their convenience. Remember you don't know which strategy and how many will be directed as challenges. Don't get "rope a dope"d where you get tired out and make mistakes, give up.

As far taking actions on the violations, there's some method I've seen written by a few members here where some paperwork is generated by the school district (I think) per violation.

That's my input, FWIW.

[CMdeux]

 

With one exception/clarification.  If this is in a PUBLIC SCHOOL setting, then "reasonable" does NOT apply.  Of course, you plan to BE 'reasonable.'  But that is NOT the limit of the school's obligation to provide a free, appropriate education (FAPE) to your disabled child which provides a least restrictive environment (LRE) relative to your child's individual needs.

The environment must change to meet your child's needs, and this does NOT involve removal of your child in order to facilitate exclusion for the school's convenience.

Don't be fooled by tactics to obscure that fact.

There are only two pertinent questions:

a) is there any reason to suspect that your child's qualifying condition has changed since the determination of eligibility?  What?  Why?

b) what does your child NEED in order to be afforded the same access to his learning environment as unaffected peers?  THAT is the litmus test for an accommodation.  If they want to remove an accommodation, then ask yourself whether or not its removal impacts your child's access if that support were not in place (don't be distracted by "policy" because that is not relevent to your child's personal situation... it can change with administrative whims).  If you have concerns, address that question to the rest of the 504 team.  Stand your ground.  Be polite, professional, and FIRM about what you know to be necessary.  YOU are the expert in day-to-day management of your child's condition.  Not the school, not your physician-- YOU.  Own that.

[twinturbo]

Not sure if you meant me or OP but in my reference to response time to email, reasonable. With respect to accomodations necessary and appropriate as stated in my previous post. I don't think I conflated the two anywhere but in the case it reads that way, yes, "reasonable" applies to the workplace and not schools.

[CMdeux]

Yes, clarification more than 'correction' per se.  This is a particular point that I like to highlight since so many schools seem to be...er...


confused

about that specifically.      In other words, once they begin giving you guff over stripping things out of an extant 504 plan... be aware that this is likely to be the next thing to come out of that particular bag of tricks. 

Be alert for the use of "reasonable accommodation" and nip that sucker RIGHT in the bud.  Once you open up that particular can of-- well, whatever you choose to call it-- by demonstrating that you are NO FOOL with respect to your child's rights under the law, suddenly many people treat such parents with a newfound respect and professionalism that may have been distinctly lacking up to that point.

Just noting that.   

[notnutty]

You could always call the OCR for clarification and then you are able to say "well in my several discussions with the OCR I found out xyz..."

For some reason this gets the attention of administrators who don't take it serious.

[Kelley2522]

Thanks for the advice. Is there a link that says something about reasonable accommodations? I definitely think that's where they're going here.

[CMdeux]

Here you are:

(OCR Policy Letter to Zirkel, 20 IDELR 134, 8/23/93.)


Reasonable is not the standard.     "Necessary" and/or "FAPE" and "LRE" are.