My daughter is currently on a 504 plan. She is homebound because of debilitating anxiety around school. Ironically she is a brilliant actor and singer and participates in the school theater productions. She just finished up Cinderella a few weeks ago (she played Cinderella!). (Acting is easy for her because they tell her what to say, when to say it, how to say it, where to move, etc. It’s predictable so it’s safe.) The next show is starting right after the holidays. The school is now trying to give me the line that “if she’s too anxious to come to school then she’s too anxious to participate in extra curricular activities.” They say if I don’t have her start at least half days in school then she cannot participate in the play. I’m arguing that they are literally taking away her only social opportunity as well as the only way I can actually get her into the building (which is a big step!). I’m arguing that they are violating her rights under section 504 and ADA by treating her differently than her typical peers. I know that there have been lawsuits of this nature and the parents have won every case. Do I have a leg to stand on here? Is my argument justifiable?
I will add that she is 100% eligible for an IEP but we haven’t moved there because she got so severe that we ended up on homebound. If 504 vs IEP makes a difference then that is an option.
