School says 504 is expired

[Smiley74]

I just came from a school meeting on another topic where the teacher informed me the 504 plan is expired because I did not sign it in May 2023 revision. I did not sign it because it was a crappy unilaterally driven plan from the principal which stripped away any remotely helpful accommodation and rephrased everything to have either a 9-year-old ask for the accommodation herself, or for it to only be administered if it was convenient for the teacher.
It is not the initial 504 plan it was just an update, because IEP was being terminated, so the 504 and GIEP pieces needed to be split out into their own separate documents. 

 

[JSD24]

Are you in PA (GIEPs are a PA thing - I'm in PA - my child had a 504 & GIEP)?  When my child had a 504, I never signed it.  Parents are not required members of the 504 team.  A signature isn't needed.  It is best pract to review the 504 annually so it can be tweaked as the student grows and school demands change.

It might be school policy to get parents to sign off on a 504 and to discontinue it if the parent doesn't OK it by signing.

You can request a 504 meeting at any time.  Sounds like a meeting is needed to put support back in place.

[EmilyM]

I wasn't aware 504s could expire.

[Smiley74]

Yes I’m  in PA. School tells me because the IEP ended in May (where the accommodations were embedded because IEP is king) that means so did 504 accommodations and an initial new 504. They checked off initial plan and not modified plan on the 504 draft paperwork.  School doesn’t dispute her 504 status, but just says she has she has no accommodations in place because I don’t sign in agreement to the draft in May (because he wrote it as her needing to self advocate to get accommodations). 

[Lisa Lightner]

Your signature is not required to implement a 504 plan, I think. 

THere are also NO prerequisites like what you said--there is nothing in section 504 that says a student must self advocate in order to receive accommodations.

[JSD24]

When I took advocacy training, my mentor told us that it's OK to write on the school's paperwork.  I'd request a 504 meeting.  Have the school write up the accommodations however they want.  If the student has to advocate to be able to use the accommodation, you can ask the school for data that shows they have the skills to do this in an appropriate manner.  If they won't budge on their wording, take the 504 to review at home & so you can go over it with your child/spouse - come up with a reason to bring it home to look over.  Scan in a copy.  Now, write on the 504 and fix what you you feel needs to be fixed.  Sign this copy - make a copy for your records and send the signed copy back to the school.  In theory, they should initial the changes and then you have a finalized 504 that works for your child.

You might have a case against the school for failing to accommodate a disabled student with how things were handled which violates their civil rights.  You could file a complaint with OCR but this might get you on the school's naughty list going forward.

[JSD24]

On 11/10/2023 at 9:30 AM, Lisa Lightner said:

Your signature is not required to implement a 504 plan, I think. 

THere are also NO prerequisites like what you said--there is nothing in section 504 that says a student must self advocate in order to receive accommodations.

There are schools where the accommodation is worded:  Testing can happen in the resource room when requested by the student.  Or:  Extra time for testing and assignments when requested by the student before testing starts or when the assignment is given.  If a student doesn't have the skills to self-advocate in a timely manner, the accommodation isn't going to help.  I think this is what the OP is saying happened.

9 seems really young - even for a gifted student - to be able to do this.  Self-advocacy can be an IEP goal but GIEPs are strength-based so maybe this student needs an IEP.

[Sharon]

Just curious, were you ok with the iep ending? Did they push her out?

[Smiley74]

Yes they discontinued the IEP. proposed  504 is still garbage. A lot of items I am asking to be in there they won’t because they say teacher is doing it. I work on the “hit by a bus” logic that it’s super if one classroom teacher is doing XYZ today because that’s how he manages the classroom, but he could be hit by a bus at any point so XYZ needs to be put into the 504 as an accommodation. And school is concerned about the length which with multiple add I’m not sure how accommodations can always boil down to less than 10. 

[JSD24]

If they are already doing it, they should be OK with spelling it out in the 504.  I'd write a parent letter of concern listing out what they are doing but is not in the 504.  Let them put the 'already doing this' list at the end.  After all, it's just a double check.