504 plans

[Helisa]

I am currently fighting my school district for a 504 plan.

they have been throwing ideas at this and behavioral charts for 2 yrs but never making a formal 504 plan. they have Para's check in with my son for 5mins or less thru out day. but on days that all of the paras are out of the building my son has major issues and they blame him. when again if this was addressed in a plan such as having back up plan for when the supports arent avaiable or having a set para to help him. i feel like they are trying to make it seem like they are addressing issues but arent held to any plan that they must provide for my son as school. I am at the point of formally asking for 504 plan but any mention of this in past with supports its always thrown back they dont have it in their budget..

how do i fight this issue

[Carolyn Rowlett]

Absolutely ask for an evaluation for a 504 Plan formally in writing (email).  Check with your principal to see who the 504 coordinator is for your building and send your request to that person.  Send examples, data, teacher emails, disciplinary referrals, "sent to the principal's office", low grades, and anything that would show he is struggling in general education without support.  Compare and contrast the difference between when a para is there and when he/she is not.  Do you have outside evaluations and diagnoses?  Make sure to attach those.  Also attach any emails that state "it's not in their budget" to provide a 504 or if no emails, reference any conversations in which this was stated.  Lack of funding is not an excuse to not provide students with disabilities needed accommodations.  Obviously he needs a para since there is one provided now and makes a difference; you need to get this accommodation formalized in a 504.  If denied, find out who the overall district coordinator/director is for 504's and check the appeal process in your district.

[JSD24]

You have data that he does OK when a para checks in with him and not OK when they don't.  I'd request a 504 plan IN WRITING.  If they call you with a 'we don't have the budget for this' message, do a follow up email:

Hi School:

Per your call on April 20, we discussed my request for a 504 plan.  I was told that the school's budget doesn't allow for this.  I just wanted to confirm that this was what I was told.  Please reply to this email if I'm not understanding the reason for XYZ School saying my child doesn't need a formal 504 plan.

This puts their reply in writing.  If they don't reply, you have proof they are refusing the 504 because of lack of budget.  You can take this to the Office of Civil Rights and they can get on the school about this.  If they don't believe the data, ask them why your child has major issues when the paras are out of the building.

Unfortunately, getting a 504 should be a sprint but the school is making it into a marathon.  Be persistent with your advocacy.  They have to accommodate him especially if you have proof he has a medical diagnosis where students will often need some extra support.