Howcome I had to call the DOE in order to get results?

Question

Why dont school administrations respond to parents! I had to call the DOE and file a complaint in order to get my sons school to grant him Section 504 modifications! The school originally denied him even though I have a diagnosis from a ped neuroligist who corresponded with the school and his teacher has sent home notes about his ability to stay on task. And let me tell you, 24 hours after I called, I got a very nice call from the principal(who was a part of the denial meeting) saying, I took another look at your sons file and i am truly sorry there was such anoversight, he DOES qualify, we will get the SST meeting done this week. WHY? Is this strictly a funding issue, or do schools REALLY not want kids to be successful?

Answer 1

It really is a funding issue.

Just the fact that you know about receiving modifications to your child's curriculum under Section 504 means you probably are more up on the law than most administrators and teachers.

There is no additional funding for the classroom teacher to set different standards to instruct and evaluate your child (extended time on tests?,10 spelling words instead of 20 words correct = an A? Which ten? and so on.).

The 504 plan IS supposed to be the first step used before a student receives special education services.

If s/he qualified for special education services, there would be a teacher working on modifying the curriculum and assessment, this would be spelled out in an IEP. This teacher might provide additional skills instruction, materials and assistance during testing (longer times, silent room without distractions, etc.). These supports would be funded under IDEA, unlike the 504 plan.

Also, under No Child Left Behind, students taking the grade level achievement test with modifications automatically are graded at below proficient ("failing"), thus, bringing down the schools scores.

Answer 2

Some of both . They want to save funds for teacher pay and they like dropout rates to be somewhat hi to get more funds from the state (not necessarily the teachers themselves but the bureaucrats). The special ed. is a drain on the system for them.

When you went to the Dept of Ed  you got an investigation started that could show the questionable actions .

The dropout rates are for when the student and parents are so frustrated when they are older, say 9th grade and up).

I got hold of my school records (the sealed part) and found I was slated to be a dropout . This was decided when I was in 2nd grade. So the classes I was given weren't to my full benefit and many were to my detriment.  I went to summer school for two years and actually got ahead . I was kicked out going into my last six weeks of my senior year , they said that they lost my records and I couldn't stay in school. The records showed something different.

Answer 3

I have a few thoughts on this issue.

When you question the funding issues for Section 504, it is fairly important to understand the source of the funding. Unlike IDEA, which is an education act, 504 is part of the Americans with Disabilities Act, which is a civil rights law. Part of the funding for IDEA or special education comes from federal and state funds. 504 accommodations are locally funded, Get the picture?

Another issue that may be a part of their decision was that they honestly believed that he was doing well in school. To be defined as an individual with a disability under the  ADA, a person must have  a physical or mental impairment that substantially limits one or more major life activities or a person who is perceived by others as having such an impairment.

Then we get down to educational relevance. If your son is getting A's, B's and C's in school, then the school is not going to feel that there is educational relevance and are going to spend their time with children who are failing. I'm not saying that your child does or does not have a disability. I am only trying to clarify the thinking on the part of the school staff.

I really don't think there are very many educators that don't want kids to succeed. They may simply have a difference of opinion. See the paragraph above, if it applies.

When DOE talks, people listen. Really, it costs the school very little to implement a 504 plan, so eating their words isn't costing anything.

For more information on your legal rights, go to Wright's law online.