504

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Q & A: IEP vs. 504 eligibility; IEE

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Question:

The district recently evaluated my child and determined they were ineligible for special education. I rejected that finding and requested an Independent Educational Evaluation (IEE). Can I also request a 504 eligibility meeting while the student is undergoing an IEE?

Answer:

Yes. You can and should request a 504 eligibility meeting. While a 504 is different than an IEP (read more here: IEP vs. 504) it could still provide some accommodations and protection from school discipline. Having a 504 plan doesn’t mean that you agree with the district about special education eligibility (read more here about special education eligibility in Massachusetts). In addition, IEEs, whether based on state or federal law, are not negated by a student also having a 504 plan.

If you are concerned about your child's special education supports and services, contact the Boston area law office of Wong & Boscarine.

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Q & A: School Discriminating Against Child with ADHD?

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Q & A: School Discriminating Against Child with ADHD?

How do I pursue litigation for discrimination in the school against my son who has ADHD? My son is diagnosed with ADHD. We recently moved into a new state/school system. He is currently under a 504 plan, but the school refuses to follow it and issues punishments for actions that are due to his disability without any discussion with us (the parents).

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Teacher "Bullying" Student

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Teacher "Bullying" Student

The Question
Parents and educational advocates often ask me what to do when a teacher is "bullying" a student.

Massachusetts' Bullying Law
Many people are surprised to learn that the Massachusetts Anti-Bullying law does not apply when teachers are "bullying" students. The Massachusetts Anti-Bullying law defines a "bully" as a "student," making it legally impossible for the teacher to be labeled a bully under this statute.

504 Eligibility - OCR Emphasizes Broader Coverage

504 Eligibility - OCR Emphasizes Broader Coverage

"Grades alone are an insufficient basis upon which to determine whether a student has a disability," and that "Grades are just one consideration and do not provide information on how much effort or how many outside resources are required for the student to achieve those grades." Often, school districts will deny 504 and IEP eligibility because the child is receiving good grades. This OCR document provides support that the "report-card-only" eligibility test is not permissible.

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New Guidance on PE and Athletics for Children with Disabilities

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New Guidance on PE and Athletics for Children with Disabilities

The U.S. Department of Education (DOE) recently published a report suggesting was for states and school district to increase opportunities for children with disabilities to participate in PE and athletics. The report is called Creating Equal Opportunities for Children and Youth with Disabilities to Participate in Physical Education and Extracurricular Athletics.

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