504 for out of district students

Discussion in 'General Education' started by applecore, Aug 10, 2015.

  1. applecore

    applecore Devotee

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    Aug 10, 2015

    Has anyone had experience with this?

    An out of district student is on a 504 at their previous/old school. However, since the student does not live in the "new" school district, the 504 is not followed because the student does not live in said district.

    Basically what this would mean is the child would not be serviced under the 504 because they're an out of district student.

    I haven't found anything to validate this yet...and the Special Ed. teacher is out for another week for training---just in time for school to start, right?

    So I'm doing a little recon. :dizzy:
     
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  3. gr3teacher

    gr3teacher Phenom

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    Aug 10, 2015

    That's not true. A 504 plan is for the child, not the school. The school is obligated to follow the 504 plan (and it baffles me why they wouldn't... it's meant to give the child what they need). Typically though, you'd hold a meeting to get the 504 on your district's paperwork, and maybe make tweaks that seem appropriate.

    It's also not a special ed issue. Special ed teachers don't handle 504s. Most schools have a separate 504 coordinator (most schools around here, it's either a guidance counselor or an assistant principal).

    If the kiddo is 504-eligible, they are 504-eligible though, and the existing 504 document is a legal, federally-protected document.
     
  4. bros

    bros Phenom

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    Aug 10, 2015

    This is what I was going to say. Your school just needs to hold a meeting and put it on your paperwork and get it in your books to make it all good.
     
  5. applecore

    applecore Devotee

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    Aug 10, 2015

    Thank you for thinking the same thing I am.

    Normally our school counselor handles the 504s, but they're passing this issue off to the Spec. Ed. teacher. I know, it's crazy. It doesn't make sense to me either.

    I found a 504 PDF document online about students in districts, but not out of districts, that says 504s must be followed...but there's no distinction between in or out of district.

    Oye, I think my brain's on overload already.
     
  6. waterfall

    waterfall Maven

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    Aug 10, 2015

    We have that issue with IEPs and open enrollment in my state. I haven't seen it be put in place for 504s. School districts can say that their sped programs are full (hint: they're always "full") and therefore they can't accept out of district students. In my district, we allow OOD students to stay through the end of that school year (if they are identified for an IEP in the middle of the year) and then they get a letter the next year stating that their open enrollment is denied and they must go back to their home district. Schools only have to accept students with IEPs if those students live within their district's boundaries or if the student is classified as homeless. I had 7-8 OOD students that were allowed to stay through the end of last year but will not return this year. Currently, one student's parent is trying to enroll the student anyway and says she will opt out of the IEP so that the student can stay in our district. I am honestly not sure what we'll do; I just heard about it and haven't gotten a chance to talk to my team yet. We do have one other OOD student whose parent opted them out of the IEP so they could stay, but that student only had a minor speech issue. Although the student does qualify for speech services and would get them if he went back to his home district, we don't provide the services for him at my school since the parent waived the IEP. The current student in question has much more serious issues so I think my principal might put up more of a fight with this one.

    In my area 504s are for accommodations only, are part of gen ed and have nothing to do with sped, and do not entitle a student to any type of extra services. They are typically used for minor medical issues around here. I thought this was true nationwide, but other posters here have said that in their area they put dyslexic students on 504s and the 504 allows them to get reading services. If this is the case in your area (sounds like it is since you said the student would get services) you might be in a situation like the one I described above. I would be asking your principal who you need to contact for 504 questions. It shouldn't be the sped teacher since 504s are not sped plans.
     
  7. applecore

    applecore Devotee

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    Aug 11, 2015

    Thank you so much, waterfall, for your information.

    We have the same "we're full" line that we've used in our school in the past; but we are the only school in the area that has the capability to service a lot of different IEP needs. So, we have a very HIGH special ed. population because of those available services.

    I think I'm passed onto the Special Education teacher because of any legal aspects; she knows them inside and out for all IEP/504 areas.

    From what you're saying about the 504s and the legal information I found last night, 504s only pertain to students in their resident district.

    I emailed another school counselor that I know last night to give me her two cents. I don't want to be a ping pong ball in the middle of a legal situation.

    Thanks again!
     
  8. a2z

    a2z Maven

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    Aug 11, 2015

    Here is some information for you from the federal government. The first explains students transferring from other districts which your "out of district" student would fall under. The second is the link for the information. It explains 504 rather well.

    "38. What is the receiving school district's responsibility under Section 504 toward a student with a Section 504 plan who transfers from another district?

    If a student with a disability transfers to a district from another school district with a Section 504 plan, the receiving district should review the plan and supporting documentation. If a group of persons at the receiving school district, including persons knowledgeable about the meaning of the evaluation data and knowledgeable about the placement options determines that the plan is appropriate, the district is required to implement the plan. If the district determines that the plan is inappropriate, the district is to evaluate the student consistent with the Section 504 procedures at 34 C.F.R. 104.35 and determine which educational program is appropriate for the student. There is no Section 504 bar to the receiving school district honoring the previous IEP during the interim period. Information about IDEA requirements when a student transfers is available from the Office of Special Education and Rehabilitative Services at
    http://idea.ed.gov/explore/view/p/,root,dynamic,QaCorner,3, "


    http://www2.ed.gov/about/offices/list/ocr/504faq.html#evaluation


    According to this, the school cannot just ignore the 504 because the student is an out of district placement. They must either accept and implement it or evaluate the student through the proper procedures.

    Seems your district is skirting the law and hoping that if they express their position with conviction and authority it will not be questioned.
     
  9. a2z

    a2z Maven

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    Aug 11, 2015

    When doing a search about open-enrollment districts denying acceptance of students with disabilities by using the reason of "program is full", I found this site. While a district having a full program can be a perfectly acceptable reason for denying a student with a disability access to the school/district, it can't be done so as a blanket statement to deny any student with an IEP or 504.

    http://www.udallshumway.com/blog/avoiding-civil-rights-violations-in-the-open-enrollment-process/
     
  10. smalltowngal

    smalltowngal Multitudinous

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    Aug 11, 2015

    I was going to say the same thing regarding the 504 plan following the student. I find it interesting that the 504 is being pushed onto the SpEd teacher just for the simple fact that my district is currently taking 504 away from those teachers because of time issues.
     

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