504 plans

[Marnie]

Hi all,

We are having trouble with implementing a 504 plan for our daughters.  We live in a tiny town and our kids go to a small private school with just 80 students.  The principle is in her first year as a principle.  She has zero experience with 504s and no one else in the school does either.

We have experienced some really troubling things in this process.  We sought it out because our youngest daughter's teacher continued to "forget" and make our daughter sick.  We asked for the meeting and the principle left pages blank saying she would fill them in later and a week later, I stopped in the office to bring Valentines crafts in hopes they wouldn't use food for the party.  She handed me the forms to take home and look over, sign and return.  Another woman then asked about the girls' needs as she had been hired as the new breakfast person and had given our daughter yogurt that am.. (not safe)  So, I asked the principle where the food lists were?  She had no idea, thought maybe the teachers must have them...  The lists were in a packet with their medical info...

So, we had an exposure problem, lack of appropriate training and a confidentiality issue...

It got worse.. 4 exposures in 10 days and our youngest ended up needing Emergency treatment at the hospital.  I then learned, that despite my making it very clear that we wanted privacy so the girls didn't endure negativity from others, that the principle had talked to board members, parents of kids in their class, had left messages on machines and drafted a letter saying my girls were disabled and that they couldn't bring birthday treats anymore....

We began to feel desperate to get her to stop.. to respect our privacy.. to not damage our children further by sending letters out that had negative wording... etc.. all this, and they still weren't safe in school.

She told us if we had a problem we could address it to the school board president and it could be discussed at the school board meeting later this month... I saw red and asked her what part of respect confidentiality did she not understand?

She then called my husband and said she had gotten an attorney and we needed to sign the 504 (which she has changed since the meeting) and sign off on the letters and she would not talk to me anymore.

I drafted a Cease and Desist letter requesting that she cease from any and all 504 planning.  That she not discuss our family or our girls' medical with anyone, that she not contact our family, and that she seal the documents until another 504 coordinator could be appointed.

I am losing my mind... We asked the school to keep them physically safe at school and now I feel we have been harassed and that our relationships with others have been damaged.  This process started one month ago and the girls have not been asked on one playdate since.  Our hearts are broken and we don't know if there is much help in the future.

The priest of the parish took it over and said he had never heard of a 504....  We don't want to move our kids mid year and have them be the new kids in another small school that we aren't sure will be any better... any advice?

[twinturbo]

Did you sign any contracts with the school? I ask not because it overwrites a 504 but because if there is a private contract you need to be aware of the dismissal clauses.

To answer about the 504 you technically need not be party to the 504. It is unusual but the school can enact it without your consent. That being said you've got quite a mix there. Normally a private school run by a religious entity is exempt from disability law so that tells me your school receives federal financial assistance through the Dept of Education. Is it a voucher system by any chance?

If not and the school district is providing a 504 for its purposes and the private school run by a religious entity is NOT receiving federal funds then the 504 only covers where the public system comes into play. I'm really confused what role a priest would play in a 504 if the person is not in some official educational capacity.

The first question to settle in private, religious is how you got on the 504 track with them in the first place. How was it established they take federal funding? It may be an easy answer but a necessary one.

Here are a couple of snippets from the Dept of Ed regarding faith-based programs receiving federal funds.

To the extent that a private school meets the eligibility requirements for a program (generally as set forth in the statute or regulations), the school may apply directly for these grant funds. In this case, the private school receives funds in return for providing certain services. If a private school is awarded such a grant, it then becomes a recipient of federal financial assistance and is subject to the laws and regulations that apply to recipients, including federal civil rights laws.

9. Are private elementary and secondary schools whose students or teachers receive equitable services under ESEA or IDEA considered to be "recipients of federal financial assistance"?

No. Private schools whose students and teachers receive equitable services under ESEA or IDEA are not considered recipients of federal financial assistance. These programs are considered to be operated for the benefit of students and teachers in private schools, not for the benefit of the private schools themselves. As a result, certain requirements that apply to recipients (which may include certain civil rights requirements and the military recruiter requirements discussed in question 10) do not apply to private schools by virtue of their students or teachers receiving equitable services under ESEA or IDEA. However, if a private school otherwise receives federal financial assistance, including a grant or subgrant of federal funds to implement a federal education program, the school would be considered a recipient.

If a private school is a recipient of federal financial assistance, that school is subject to the federal civil rights laws prohibiting discrimination based on race, color, national origin, sex, disability, and age. If a private school is not a recipient, but the private school's students and teachers receive equitable services under ESEA or IDEA, the LEA involved remains responsible for ensuring that there is no discrimination with respect to the federal education program.

[Marnie]

I have no idea.  The priest came into play because he is the superintendent of the school and the principle kept claiming that he was her superior and that was why she was sharing info with him.  I work with him, so felt violated.  I have refused to sign the 504 docs so far, because they have not had appropriate wording, so technically, we do not have a 504 in place yet, just a month long 504 process.

The state department of public instruction lady who is in charge of 504's has been involved in the process and has been providing me and them with info.

[twinturbo]

A priest is the superintendent of the public school district?

I'm going to take a stab here. The only private religious schools I know of with enough hierarchical bureaucratic structure of this sort are Catholic. There are enough of them that school districts do contract out for their buildings or voucher programs as alternatives within a district.

[Marn]

No, sorry, he is the superintendent of this little private elementary school where my girls are. 

To further complicate, two of the school board members are parents of my girls classmates and my husband was a school board member at the beginning of this process and resigned because our 2 year old is very ill.  Since the night he resigned the principle has turned on us.

[twinturbo]

Thank you for the clarification.

For record keeping purposes we're going to reserve superintendent to refer to the actual public school district superintendent because we're invoking federal protections at the local educational agency level, i.e., the school district. Here's the next key question, and I mean really key: How do you know they are what's called a "recipient" of "federal financial assistance" that makes it necessary for them to comply with ADA/504?

I posted some verbiage regarding this from the Dept of Ed above. Worth repeating, per federal regulations a religious entity operating its own private school is typically exempt from ADA. Refer to above what would qualify that private school run by a religious entity as a recipient and therefore subject to the laws we want to invoke. Because if that isn't established there is no going forward with a 504, and assuming there is you're going to have to reach out to the public school district including the 504 coordinator and superintendent.

Marn, I gotta run. Hang in there, someone will tag in after me to help you with the 504 next moves. Many here know what to do with the public district better than I do. The situation you're in right now, yeah, that was me this week. Exactly. So I know how the small private religious school environment goes. But ours was completely independent no federal financial assistance.

[Marn]

Thanks, I appreciate it.  I have no idea where their funding come from beyond church giving, tuition and fund raisers.  The 504 came into play because one night I got so angry that my daughter was once again reacting because her teacher "forgot" that I searched online for food safety, etc, came across 504's, clicked our state and the dept of ed 504 lady came up.  I wrote to her and asked for help.  She called the next morning and we went from there.  The principle may not have even realized it isn't appropriate?  The state dept of ed knew it was a private school though?

I am so green to all of this.. just want two simple things.. want my daughters physically safe at school and I don't want the process to damage them emotionally.

[CMdeux]

Marn-- find out if they have USDA funding for their lunch programs.  If so, they are a federal recipient.

[Marn]

Good thought, I will do that.  Our kids have been friends with the kids in their classes for years.  It would be a major change to switch schools and have them start friendships all over.. and our son is older and doesn't have allergies, so we would possibly end up moving him without need, or having kids in two different schools.

I feel so completely violated by how she has handled this process.  So unprofessional and incompetent.  I can handle that she is new to it and wouldn't know the nuts and bolts... but she has not been sincere, and frankly, cruel. 

[twinturbo]

The state dept of ed or even public district should be able to tell you if they receive anything from the government. Should, would or will in a timely manner is a different story. Needed to put that caveat in.

Two things to keep in mind since you're in private religious school. 504 will not protect your enrollment because it's a private business contract. I've found the public district people I talked to very nice but completely unaware on how to interface with them, their hands are tied because the law is clear in my case with no federal funds, nor can they weigh in AT ALL on the private contract portion. Though I knew the laws the school made an idle threat to me that I followed up on to call the bluff and catch them red-handed in a lie.  Your contract most likely has some sort of vague enrollment verbiage. On an unrelated technicality they may be able to break the contract. I'd start reviewing that contract like it's the most interesting document in the world right now.

Unofficially, as a private schooler in secular and religious I will give you a peek into how far too many private schools are running right now. It's not just us with food allergies. Families with no special needs find themselves being disenrolled from principal and board of directors drama. I nearly enrolled in a secular private school to get at least Title III protections... until I read the reviews that came up thankfully right at renewal time. Same crap, different school. People on the outs with the powers that be, high turnover rate of staff, automating the curriculum through apps, cutting corners.

I think a lot of private schools set their watches to the late 90s when the economy was better and they were able to cherrypick students that required little or no work to school, and they were able to establish a more lax work culture of conformity because the student body was much more homogenous in ability, socio-economic standing, and little to no special needs accommodations. It's possible to get a good private school experience in isolated instances but in my opinion most have forgotten which way the money flows in terms of student body tuition. All private (or independent if they are so) schools have always relied on the largest donors and accorded special treatment but it's my opinion that the structure of the student body has suffered in that the pecking order is chasing away clients willing to pay tuition but receiving nearly squat in return. The administrators want to preserve the school culture for the select few donating the most money. And in order to do that they will use the wiliest administration tricks to bob and weave around the laws.

[yelloww]

Is there anything horribly wrong with the public elementary school?

Just asking....

[CMdeux]

That's what I'm wondering.  Honestly, I'm not sure how you would unburn some of those bridges given the small school environment.

There's really no way to unring that bell.  Gee, thanks to that nasty administrator, KWIM?   

[twinturbo]

That would be the choice taking maximum advantage of the 504 momentum for OP. Assuming you've been found eligible by the actual district you could go straight into accommodations making enough headway in to assure you're an integral part of the process.

IMO, the genie isn't going back into the bottle, no. Regardless, know your contract some schools stipulate even if you break contract you still pay for the entire year. I didn't and cited contract in writing along with my pog mo thoin check.

[Marnie]

Tuition is 750 dollars for the entire year and students don't have to pay if they can't afford it.. There is nothing elite about it.  There are no contracts signed between the school and families..  People just pay tuition if they can afford it.  There is nothing wrong with the public school.. EXCEPT that changing schools is a huge deal for a child.. The kids in their classes have been their friends since they were toddlers.  Switching schools means having to be the new kid.

[twinturbo]

Then it has to be subsidized somehow which puts another checkmark into the federal assistance category. There has to be something that says what they collect money for, an enrollment form, terms of service, terms of dismissal. When we're talking kids of mandatory age somehow it is on file with the state. They can't have no records at all. I'm sure you signed some sort of enrollment form, waivers, health care forms, etc. A contract is any agreement you signed on to.

You may be thinking of posh schools when it could really mean only grooming for a homogenous student population free of disability they would have to accommodate, a population that does not challenge the environment the administration prefers to cultivate rather than serve as a public accommodation. Whether the family pays or the family is on tuition assistance or the school receives monies elsewhere for that tuition, it's still not a personal favor.

The problem here is there are rules to 504, education law, disability law. You have to match the details of the situation to applicable laws to find which protections are available. While you are outside of the public system you will not be able to invoke the greatest of those protections.

It's going to be a tough set of decisions here, and I've walked what I'm talking because I just came from a small, private religious school of about 50 students max and not an iota of that decision making or negotiation was easy. It was definitely more tuition than $750/year hence why it was independent. I don't know how many would agree or disagree but I have no solution that would make them change in the way you want them to. You could invoke laws as long as you meet requirements, you can seek protections, but none of that will bring them to heel immediately not to mention happily.

Even a 504 will not mean you'll never have a violation or not need to tend to it on a regular basis or find situations that were not well enough covered in the accommodations that need to be addressed. In a small school with this much magnified social drama between parents and administrators it may not be feasible to call violations and remain in good graces with the staff or other parents.

The consensus here will be, yes, absolutely get a 504. But if you want FERPA protection, Title II and 504 with responsiveness from public district administrators who may be responsible anyhow for enforcing the 504 at a private religious school, the more long term solution is a move more directly under their auspices.