Question:

If I send my son to another school with school choice would the new school be required to follow his 504 plan?

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My son will be going to kindergarten in the fall at the age of six. He has a diagnosed Mood Disorder that he is on SSI for. We already have a 504 plan in place for him when the school year starts. For before and after school child care reasons, we are thinking about school choicing him to the town where his daycare is...the next town over. My state has school choice option. I am wondering though, if we do this would the new school have to follow his current 504 plan that is in place for next year?

Because of my son's disability it is difficult to find a new daycare to accept him, and also it seems as if the whole thing is going to be traumatizing for him. It took him eight months to get used to his daycare, and now he is doing excellent. He has been there for three years.

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  1. Yes, a new school is required to follow a 504 plan from a previous school. After he arrives at that school, a meeting will be scheduled to update his 504 plan. His needs will be discussed, and this will be the time to share your input on what he needs. It may stay the same or they might have some different suggestions. Before doing this, you need to research both schools and their special ed departments. If the new school has a similar or better  special ed program, spends similar  budget amounts towards students, qualifications of teachers, student to teacher ratios, and if you are comfortable with the teachers in the new school, then switching over could be a good thing. Honestly, switching your child to a school that is not as good as the school he is scheduled to be attending just because of before and after care is a bad idea. What he learns in school- especially Kindergarten- sets the foundation for all his school years. If the new school is comparable to the old school, and he is not yet familiar with that school, then switching should not be a problem. Being comfortable with his  daycare is important, but not at the expense of his education.


  2. YES. A 504 plan is a FEDERAL document that HAS to be followed by law. ANd in changing schools, the new school has to follow it IMMEDIATELY and not put it off.

  3. The new school will review his 504 and accept or change it. We even do that with IEPs.

    Some things are beyond another school's funding (especially the 1:1 assistant), and 504 is an unfunded federal law. The new school may not determine the assistant (or other items) as necessary for educational equal access.

    Section 504 is a civil rights law that prohibits discrimination against individuals with disabilities. Section 504 ensures that the child with a disability has equal access to an education. The child may receive accommodations and modifications.

    Unlike the Individuals with Disabilities Education Act (IDEA), Section 504 does not require the school to provide an individualized educational program (IEP) that is designed to meet the child's unique needs and provides the child with educational benefit. Under Section 504, fewer procedural safeguards are available to children with disabilities and their parents than under IDEA.

  4. Yes, if it is a public school.  Public schools receive additional funding to compensate for additional staff needed.  Private schools typically charge less than what public schools receive and therefore private schools do not have the funding to hire psychologists, etc.  If the school choice program you refer to is a publicly funded voucher, that funding would follow the child, but the voucher is typically less than a public school receives, so the private school could then afford to hire additional staff to help your son.

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