Legal Question in Education Law in New York

Student 504 plan not followed

My son is 16 and has 504 plan. He is totally deff in his left ear and has some learning dissablities. This was due to him catching meninjitus when he was a infant in a local hospital. My problem is that our school is not following the plan and in fact the teachers were not even aware of the plan until me and my wife set up meetings due to poor grade issues. This has happened year after year and i keep seeing my sons grades slipping. Some of the 504 requirements are Test in a seprate location, Rephrase questions,Read to test,check for understanding, preferential seating, visual cues, monitor for attention and focus. I could go on but you get the point and its moot due to none of these being followed. My question is what should i do or who should i call. I have no faith that our school will correct this problem due to past perfomance and the limited budget we have but my son is suffering and his chances of maintaning a good GPA is are not good. Thanks for your help!


Asked on 3/07/06, 4:15 pm

1 Answer from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Re: Student 504 plan not followed

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Ask to speak with the Principal. Refuse to sign the 504 or the IEP. Ask for an evaluation. Ask the district to pay for a private evaluation. (They are legally obligated to do so.)

If the district is unable to provide proper educational placement, ask for private placement.

Best is to hire an attorney specializing in this area.

Read more
Answered on 3/07/06, 7:28 pm


Related Questions & Answers

More Education Law questions and answers in New York