504 Portability

[SouptoNuts]

Does it exist all?  What case precedents are out there?  If a family moves out of state?  I fear we will have to start over, and we have a 504 that has worked well.

[MamaMia]

Unlike an IEP the 504 cannot be "moved" in a sense but it can be reviewed by the new district.  From what I understand it (from my education advocate), the receiving school will have to determine eligibility again but each district has their own policy.  See #38 http://www2.ed.gov/about/offices/list/ocr/504faq.html. 

"If a student with a disability transfers to a district from another school district with a Section 504 plan, the receiving district should review the plan and supporting documentation"

"If a group of persons at the receiving school district, including persons knowledgeable about the meaning of the evaluation data and knowledgeable about the placement options determines that the plan is appropriate, the district is required to implement the plan."

"If the district determines that the plan is inappropriate, the district is to evaluate the student consistent with the Section 504 procedures at 34 C.F.R. 104.35 and determine which educational program is appropriate for the student."

[CMdeux]

Yes.

At the very least, it gets you an evaluation-- which is better than nothing, certainly, and something that some families have had to fight for.

The reason why the current 504 plan may not work (or may need tweaking) is actually quite understandable, when you think about it-- the details may vary with the details of a particular campus. 


My sense is that (aside from a few states in the middle of the country) 504 for LTFA is becoming more widely accepted as "the" proper way to manage accommodations. 

[yellow]

We moved out of state. Our  504 meeting went directly into updating the 504 in the new town. They kept the eligibility because his condition hadn't changed. We had the 504 meeting three days aft we moved there so it wasn't like ds suddenly was not allergic simply by crossing a state line.

[SouptoNuts]

That is encouraging.  But I know some districts can be very tough.  And wow--whole states.  I've told my spouse there is no way in the world we are moving to Missouri.  No way, no how.

[CMdeux]

Agreed.  The two coasts-- well, NE and the mid-Atlantic, mostly, on the east, anyway-- seem MUCH better about 504 than the middle, land-locked portion of the country.  Unfortunately.

Stick with the perimeter and you should be okay.   

[YouKnowWho]

That is encouraging.  But I know some districts can be very tough.  And wow--whole states.  I've told my spouse there is no way in the world we are moving to Missouri.  No way, no how.

Can be areas within the state as well.  A neighboring county hands them out easily, this county not so much.  If you have the ability to find a local allergy group in the area you are considering, do so and find out their experience.

[ajasfolks2]

No guarantee of portability any direction, even within the same school district!!

However, ONCE the 504 eligibility has been determined SOMEWHERE, it can be harder to then deny it on second look, so long as medical condition has not changed, KWIM?


For example:
"So, how is it that a team of 8 at previous school could determine child qualified under Section 504 and yet this team of 5 (parents dissenting) cannot, especially when the child's qualifying disabling condition remains same and is adequately documented?"

The prior finding of eligibility is additional documentation of eligibility in current meeting, so long as have current supporting med documentation (suggest strong letter from allergist NOT med records for them to wade through, misinterpret, and violate privacy with).

Make sense?

[LinksEtc]

Just linking related thread:

504 "carries over"?