In American, is the 504 Plan that you have implemented for your child a legally binding document?
I understand 504 Plans only to a degree and only from reading what I do here. I'm Canadian and we don't have 504 Plans.
We're very fortunate here in Canada in that most of the provinces have school board policies that deal with anaphylaxis effectively.
I did have a written school plan for Jesse implemented for him starting Grade 1 last year. It is very unusual though, for people, particularly in Ontario, to have a written school plan because the school board policy is fairly comprehensive.
I have a meeting, probably next week with Jesse's principal and teacher regarding his written school plan and how it really wasn't adhered to well this year. I got a call from the principal this morning and she wants the superintendent also to be in at the meeting.
That's fine with me because I've had superintendent involvement in Jesse's written school plan before (thanks to the advice of another PA.com member).
I'm going to contact my lawyer and see if he thinks if my written school plan for Jesse is a legally binding document.
I was just curious to know if a 504 Plan is considered automatically to be a legally binding document whereby if the school didn't adhere to it you had some legal recourse, if you so desired.
Many thanks and best wishes! [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]
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It is not considered a "contract" per se but an agreement to accommodate the needs of the disabled so they enjoy an appropriate education to the same extent as anyone else.
However, if the school fails to cooperate with the 504...a parent could file a civil rights lawsuit. Parents will often hire attorneys if a major conflict arises over a 504 plan.
Last year, our daughter had a 504 program at her high school. She was in a shared swimming program at a high school in an adjoining district. The athletic director in the adjoining district had a fit about accepting the 504 in his department. (This is even though the 504 laws specifically apply to students in academic and activity settings in the U.S.) So, we went to the school board and had a closed hearing. The school board was advised at the meeting by the school's attorney that they had to accept the 504 plan.
The school board was really great and asked lots of questions about her illness to learn more about major depression.
We never have had any problems in the school district that she attends whatsoever...they have worked with us on every issue.
I had already talked to the state attorney for the Iowa Dept. of Education before the school board hearing and she told me the school district had to follow our 504 plan.
The reason it was such a big issue was because she has major depression and we asked to be advised about specific types of behavior. The athletic director kept trying to tell us that her behavior was normal teen behavior...he had absolutely no training in teenage mental health issues.
The athletic director was a complete jerk and out-of-touch...time for him to retire.
504 plans in the United States give parents a lot of power and there are some educators that do not like parents having any power.
It is too bad that we have people more concerned about personal power rather than the education of our children, isn't it?