504 Violations: "In theory" discussion

[AdminCM]

(finished)

[AdminCM]

 Posted: 11.06.2009 at 05:16:06     

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Potential Legal Issues for School:


EVALUATIONS:
>Failure to conduct evaluation in timely manner
>Failure to follow procedures as set by law/code
>Lack of appropriate evaluation
>Failure to consider all information
>Failure to draw on a variety of (knowledgeable) sources
>Failure to individualize accommodations


IDENTIFICATION:
>Failure to identify when appropriate
>Flawed procedures
>Failure to follow procedures as set by law/code
>Lack of staff training
>Oversight of hidden disability eligibility


PLACEMENT AND SERVICES:
>Lack of or inconsistent procedures
>Inappropriate accommodations or services
>Failure or refusal to abide by plan requirements (school)
>Failure to provide the least restrictive environment





Notes as to Family Responsibilities:
Section 504 addresses the duties of the school.
Section 504 does not address the responsibilities of the family.
When a family does not comply, it does not release the teacher/school from legal duty.


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Multiple resources for the above -- this is a comprehensive list I've got going from a variety of sources, online and in books. I'm trying to keep a list and will try to post list of resources/citations, etc. as I know we should have those here.

More and more schools are beginning to counsel their staff with slideshows and printed materials that address issues in above manner.

Please feel free to make comments or suggestions for additions/changes.




Posted: 11.06.2009 at 05:34:02       

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FAPE definitions and related wording in regulations:


Parents cannot be charged for services necessary for the education of the disabled child, unless other students are also charged.

34 CFR 104.33

http://www.ed.gov/policy/rights/reg/ocr/edlite-34cfr104.html#S33




Posted: 11.06.2009 at 08:14:13       

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Going to include links here that may be helpful to discussion and resources.

Wrights Law
http://www.wrightslaw.com/info/sec504.index.htm

and

http://www.wrightslaw.com/info/sec504.faqs.ocr.complaints.htm



OCR Case Resolution Manual
http://www.ed.gov/about/offices/list/ocr/docs/ocrcrm.html





Posted: 11.06.2009 at 10:58:41       

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I'll put in citations later, but a found numerous cases stating that a school district cannot require parents to waive liability (and presumably also agree to indemnify the school) for administering any medication (e.g. EpiPens) that it is required to do under a 504 Plan.

Strong case for incorporating Allergy Action Plans in the 504 Plan.