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IEPs and Legal Issues

non-compliance of 504


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DAB
Joined: Mar 17, 2007
Posts: 4
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Posted Jun 12, 2009 at 2:57:57 PM
Subject: non-compliance of 504

My daughter has a 504 and just finished 10th grade. Unfortunately, she failed 2 classes. Part of the problem was the school not implementing all of her accommodations. She was supposed to get a syllabus with due dates from each teacher and she never did. This was brought up in numerous occasions at meetings, but all I heard was that the teachers can't do this since their schedules always change. The point is, it was agreed to and written into the 504 so it should have been done. I even wrote a letter of non-compliance to the principal and others in the district and no one responded. Could I file a complaint with the OCR because the teachers did not follow all the accommodations?
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DRHD
Joined Apr 29, 2008
Posts: 77

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Posted: Jun 14, 2009 9:12:55 PM

If what you have described is in fact true, you have every right to file a complaint to OCR. The reasons of the school staff to not comport to the 504 Plan are inappropriate. The basis of your complaint is that your child was denied the agreed upon accommodations necessary for her to benefit from her pursuit of a major life activity, this case, learning and accessing her school program. To the extent you have attempted to resolve this matter through the school division staff, you may wish to contact the Division Superintendent of Schools and present the issue to him for intervention prior to filing a formal OCR complaint. These actions by school personnel are flagrant and unnecessary. Do not delay, contact the Superintendent and if that person is non-responsive, proceed to contact OCR.

DRHD
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dihicks6
Joined Dec 01, 2004
Posts: 6
Location:NY

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Posted: Jun 26, 2009 7:46:10 AM

No matter what you choose to do, make sure you document these violations of Section 504 in writing to the sped dir. of your school and copy in principal and superintendent.

You might also want to consider requesting in your letter that they send you their Section 504 grievance procedure, as you believe that your child has been denied FAPE as a result of these violations. I would also ask for a meeting to discuss how to resolve the failures that resulted from their violations. I would send this letter first, or better yet, take it to the school and have the secretary stamp it 'received' and ask for a copy of it before you leave.

Accountability brings compliance.
Diana
www.spedvocate.com
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