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Unwritten 504 Plans: School Says, “That’s Not What We Agreed To!”

10/31/13
by Wrightslaw

We finally have a 504 in place for my 14 year old son with ADHD and very mild Asperger’s. He has dysgraphia and is so unorganized.

The teachers were supposed to provide written assignments or email them to me, but the school tells me that’s not what we agreed to.

Section 504 does not require the school to develop a written 504 Plan.

No wonder the school can easily say “that’s not what we agreed to.” The school does not even have to include parents in the meeting where the 504 plan is developed.

It is essential for parents to create the documentation as a record.

Request another meeting with the school.

After your next meeting or any communication with the school, send a letter that describes exactly what you understood the agreement to be.

Clearly set out all the conditions.

Include wording like:

  • I understood that….
  • If I have not understood the agreement correctly, please respond in writing with clarification…
  • If I do not hear from you, I will assume that I am correct….

The school is required to notify you that a 504 plan was developed.

Just creating a plan does not always ensure the school is providing FAPE. The school is responsible for making sure that teachers are providing the accommodations on an ongoing basis.  If not, the school could be in violation of Section 504.

That’s why you need to create and maintain written documentation.

You will find just how to write letters in Documentation, Paper trails, and Letter writing at http://www.wrightslaw.com/info/ltrs.index.htm

Section 504  – or Eligible for IEP?

Would your son not qualify for an IEP under IDEA?

Are you familiar with the key differences?

Read these articles.
http://www.wrightslaw.com/info/sec504.summ.rights.htm

http://www.wrightslaw.com/howey/504.idea.htm

Get Your Game Plan

Don’t get “angry” – turn your emotions into advocacy.

Game plans here.

http://www.wrightslaw.com/info/advo.index.htm

Wrightslaw: From Emotions to Advocacy http://www.wrightslaw.com/bks/feta2/feta2.htm

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  • 1 Patsy 11/05/13 at 1:46 pm

    My grandson is lacking skills necessary to build interpersonal relationships. Any type of counseling/therapy is nearly nonexistant in our geographical area. They won’t even diagnose deficits that require any type of psych help. How can we force them to help him with this? His eval. Puts him in the above avg. IQ range, but he is not a happy child. I fear that he is suffering from problems created by his inability to express himself or make even one friend. Older boys are starting to pick on him and he doesn’t know how to handle this. Right now he is well behaved, with the exception of some ADHD impulsivity. I have taught in elem. school for 17 yrs now, with a lot of PD and personal interest in LD/ASD. He would qualify under the Autism umbrella for Aspbergers. He needs more than a reg. classroom, to be successful. Please help us!