504 Plan - Appeal?

[sgholmes2002]

My 15 yr old son was just diagnosed 2 weeks ago. We set up his 504 plan on Friday. We agreed to: water, snacks, bathroom breaks, private bathroom, extra time on assignments/test when needed, sit near exit, & office hold change of clothes since school has no lockers. Here is where we disagree:

In high school, students can be excused from taking the midterms and finals if they have an A in the class and have been absent no more than 2 days in the semester. I asked that my son be excused from the absent part of this requirement. He gets all As and this is a HUGE deal to him. It would break my heart if he would have to take all of the finals because of CD.

The principal said no because the school doesn't get $ when my son is out. They will however, take it to the Superintendent. My son had 0 absences last semester, has only missed 1 day this semester in his core classes and that was to get a colonoscopy. He is one tough cookie. The GI doc said his case was "severe". That tells you that he takes going to school seriously and does all he can to be there. This is the kid that the school picked as Leader of the Year last year, got 3rd in state for a math competition, etc... He does so much for this school and this is how they thank him, by making him take finals that he would have otherwise been able to skip because he now has CD?

If the Superintendent says no, is there anything I can do? Can they legally say no to him? Please advise.

 

[my little penguin]

That's a common issue
Since school only get paid for higher attendance rates
Most use a method similar to your to boost their attendance ratings and get more $$$$
You would need to get a child advocate for special education to help and speak to your dept of education /office of civil rights as well since it's a federal law

But realize they only have to make reasonable accommodations
To provide a free and appropriate public education
Nothing in there about "being fair"

We have to have a medical excuse for every absence
Regardless of multiple letters from
Multiple docs stating he will need to be out for xyz including Crohns

You could try only to have parent excuses count against the number of days absent but I doubt it will work

When your talking about affecting how much money they get - schools don't care any more about "sick kids"

I would write a letter of understanding to the principal
Stating what was agreed to and what wasn't including the fact the principal stated they wouldn't get "paid " if your child was "sick " which is why they couldn't exempt him
That is key
But don't get your hopes up
Seen it in too many states now
For multiple conditions

Child advocates would be your best hope

 

[GI Jane]

I would so stage a sit in but I'm from a different era and quick to get angry a injustice. There is alway some type of disabled advocated in areas please try to find. Threaten bad press.

Good luck grrrrrr angry for you!!

 

[lisadc1]

Check with a liaison and read up on FERPA. I agree with My Little Penguin... "reasonable accomodations." Most schools look at no finals as a reward rather than a necessity. For example, if a student has surgery for an accident and misses more than the maximum allowed days, then s/he would be required to take the finals even if that person has straight A's. Not saying I don't wish it would be different for you, and it may after the superintendent reviews your son's case, just giving a different perspective. Good luck!

 

[Maya142]

I would write a letter to the superintendent and the principle. Explain the situation and how much it matters to your son. I'm not sure it will work, but it's worth trying.

Unfortunately, our kids have to get used to lots of things that just aren't fair .

 

[pdx]

So sorry to hear your story. Policies like this one bother me, because it will push kids who are really sick, such as your son, to go to school when they shouldn't. When my daughter is in a bad flare, attending school makes her health worse--she ends up exhausted and sicker. I'd hate to think that your son might similarly push himself, just to avoid absences.

Good luck--I hope that the superintendent is willing to be flexible.

 

[Mehita]

Wouldn't this be discrimination based on a disability?

 

[my little penguin]

Mehita
No it would not
504 is clear-
reasonable accommodations to that of their peers to provide a free and appropriate public education
Reasonable is up to the OCR

Being able to be exempt from testing is not hindering the learning process
Is it fair no
But it is reasonable since able bodied peers are held to the same standard and can't help if they have surgery or get strep or mono etc...
It shouldn't be the standard for anyone regardless

 

[my little penguin]

Let me put it another way
One school permits exemption for finals for all kids who have an A going into the final
Another school has no exemptions going into finals
First school kiddos gpa is 4.0 no finals applies to college
Second school kid gpa is 4.0 going into finals but 3.882 after finals

Both apply to the same college
Is that fair ?
Nope

Nothing about schools in the US is even public or private
Even within a state
State to state massive variation on what is and isn't required or even offered

Personally I would not want my kid exempt from finals in high school
It's important skill to learn to be better prepared for college