question about 504\'s as a courtesy to kids, not as a legal document.

Posted on: Tue, 05/22/2007 - 10:41pm
lilpig99's picture
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School in question believes they are not required to abide by Section 504 because they're private. Is it legal for them to evaluate a child for a 504, write up a plan as a 'courtesy' to children, but still claim it is not a legal document?

Something about this doesn't sit well with me. It is what my daughters private school does for older kids leaving their school to go into high school. It just doesn't sound 'right' but I can't put my finger on why. Other than misleading to the families(unless they do disclose their 'feelings' about the supposed non legal status of the document at their school).

Can anyone offer any other thoughts on this?

Thanks

[This message has been edited by lilpig99 (edited May 23, 2007).]

Posted on: Tue, 05/22/2007 - 11:28pm
seanmn's picture
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[url="http://civil-rights.lawyers.com/Civil-Rights-Discrimination-in-Education-FAQ.html"]http://civil-rights.lawyers.com/Civil-Rights-Discrimination-in-Education-FAQ.html[/url]
You can scroll down and there is a question about private schools that this site gives an answer to.

Posted on: Wed, 05/23/2007 - 1:18am
Carefulmom's picture
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It doesn`t sound right to me either. Lilpig99, the same organization that told you that private schools that do free lunch are subject to 504, can you email them back and ask them about this? I think it was USDA who said that if a private school does free lunch then they are subject to 504, right?

Posted on: Wed, 05/23/2007 - 2:39am
Gail W's picture
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I don't understand. What is the 'courtesy' that they would be providing? Providing a 504 plan for a child leaving thier school for the new school to follow?
I'd call and ask OCR (Chicago office).

Posted on: Wed, 05/23/2007 - 2:42am
Gail W's picture
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Joined: 12/06/2001 - 09:00

I know you've been dealing with you school for a while~ Have you ever called OCR about your situation?

Posted on: Wed, 05/23/2007 - 5:00am
lilpig99's picture
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Hi all,
Yes, I did have my *big* meeting yesterday. They still feel that 504 does not apply to parochial schools....despite my entire conversation about how the lunch program is federal funding--and how the USDA civil rights office confirmed this with me!!! No game. So I asked, why do you 'do' 504's if you feel they hold no legal weight at all? They just said 'as a courtesy for those moving out of our school'. It just doesn't seems right to me either.
I should contact the USDA CR dept again, although they will suggest I file a complaint once the school *officially* says NO. We haven't come to that quite yet, but I think that is where things will end up. And that's fine really, that way, I can get USDA CR involved from the start.
This question of mine is one that I think the OCR Dept of ED might be interested in as well. We'll see. I have not spoken with OCR Dept of ed lately. During my very first contact with them, they told me that they had no jurisdiction in our school, since the lunch program funding doesn't come from the dept of ed., but from the dept of AG.
I am still waiting for another call from our state board of education's legal dept. I have so many questions for so many different people, once I envision all of my impending options clearly.
I will post about all of my meeting with the school maybe later tonight in one of my earlier threads. I was so extremely spent yesterday after the meeting ended....almost felt sick last night. Just alot of stress coming out...I think you all can relate. But I think it may be helpful to document my journey with this private school...for others.
seanm..thanks for the link. I know what you are talking about, I have told the school this exactly...shown them the law and everything, I just don't think they realize it yet, Thanks!

Posted on: Thu, 05/24/2007 - 11:51am
Gail W's picture
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Joined: 12/06/2001 - 09:00

I've peeked here wondering how you are doing today. I hope your respite is providing you with some rejuvenation and hope.
Quote:Originally posted by lilpig99:
[b] But I think it may be helpful to document my journey with this private school...for others.[/b]
Absolutely. When you're ready.

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