So I think I might ask (gently, at first) if they hold secret 504 meetings for all of the children with disabilities, and in those secret meetings, do they figure out what the PARENTS of those children will need to do in order for their kids to have equal access to their educational programs? I think that they don't. Which means that they still aren't taking your child's allergy seriously as a 504-qualifying condition. Not really.
I've excised this to call it out because it's something specific to our flavor of advocacy in LTFA that we all should know. Not because there's anything I'm contesting it's only meant in the course of group conversation as a follow up.
504 was built independently of the IDEA, it's a civil rights law most like ADA. We all know that so moving forward...
From the regulatory standpoint I've oft wondered why doesn't 504 have the same robust safeguards for parental rights as IDEA? Why is there so much variance nationwide when this is federal? There are key differences that can ultimately catch even a wary, experienced parent advocate off guard if not aware that 504 was meant to provide
flexibility from the regulatory standpoint.
Federal is the minimum, state is allowed to
enhance by statute, city by ordinance and school district by policy. I believe when the regulatory authority interpreted the federal law they
did not envision abuse of flexibility construed in such a way to be a tool of exclusion or eroding parental rights.
504, at a minimum, does not provide the parental
right of participation or consent for evaluation or implementation - not at its federal regulatory core. Nor does it mandate a school to put the plan in writing.
Which leads us to generally accepted and practiced accordance. Law tends to be lazy and not like the novel, therefore most courts have generally (to my knowledge) accorded IDEA-like interpretations for parental rights and safeguards for 504. That makes it sort of an official unofficial general practice and expectation...
... leading us all to what our exhaustion of remedies are, and how regulatory authorities can enforce compliance.
Though schools are not
technically required to invite parental participation, include them on the team, or provide a written plan, as a civil rights law that flexibility was designed to allow schools to ensure civil rights compliance, not at all to use it as a tool to exclude parents as a measure to disrupt or reduce the qualifying student's access.
This may start looking like, "We don't have to invite you." No, but as you are
encouraged to do so, I am asserting in a documented manner that I wish to be part of this process, understand my rights as well as your policies, and that I have relevant resources and key input that would assist the school in fulfilling its signed Assurance of Nondiscrimination in order to remain qualified as a recipient of federal financial assistance.
That 504 sent home with no accommodations or modifications was nothing more than the school's self-centered effort to protect itself from an OCR investigation. Again, something we all know yet must be aware of when we move through advocacy (all the steps prior to complaint process for administrative relief, or in some cases litigation) how an investigator may look at the table of checks and balances.
2015 and beyond we're facing more of a monolith, organized public school system that might have the most constrained budget ever with emphasis on testing and performance for revenues. The level of coordination nationally through school board organizations has not yet been matched by parent advocates, and there is a growing pitiless, remorseless backlash against parent advocacy.
For reference on Wrightslaw:
http://www.wrightslaw.com/howey/504.idea.htmUnlike IDEA, Section 504 and ADA do not ensure that a child with a disability will receive an individualized educational program that is designed to meet the child's unique needs and provide the child with educational benefit, so the child will be prepared for "for further education, employment and independent living." (See 20 USC 1400(d)) - See more at: http://www.wrightslaw.com/info/sec504.summ.rights.htm#sthash.8VwF7iFw.dpuf
In this article, you learned that Section 504 of the Rehabilitation Act and the Americans with Disabilities Act are responsible for accommodations and modifications in testing situations and programs, and improved building accessibility. You learned that these statutes do not require public schools to provide an educational program that is individualized to meet the unique needs of a child with the goal of enabling the child to become independent and self- sufficient. You learned that the child with a Section 504 plan does not have the protections available to the child who has an IEP under the IDEA. - See more at: http://www.wrightslaw.com/info/sec504.summ.rights.htm#sthash.8VwF7iFw.dpuf