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Lawrenceburg, IN asked in Education Law for Indiana

Q: If the public school refuses accommodations for my child's 504 plan, what can be done?

My daughter attends public school in Indiana and has a 504 due to a learning disability. We need to add more accommodations but the school is giving push back saying they don't have the staffing or resources necessary. I argue they are necessary and must be done. What happens now? What can I do?

I should add all accommodations requested are reasonable. (Check agenda at end of day, make sure needed supplies come home, give 5 extra minutes to check assignments, etc). I did request 10 new accommodations but they are necessary. She is currently failing due to poor education and the teacher not following her current 504.

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1 Lawyer Answer
Kimberly Winslow
Kimberly Winslow
Answered
  • Education Law Lawyer
  • Natick, MA

A: I would recommend contacting the Office of Civil Rights (OCR). 504 requires school districts to provide appropriate education services that meet the individual needs of the student to equal the way the needs of students do not have disabilities are met. You may additionally have recourse through your state's administrative complaint system. In MA it is the Board of Special Education Appeals, but there should be a similar avenue for Due Process in your state.

Information about the OCR complaint process: https://www2.ed.gov/about/offices/list/ocr/complaintprocess.html?src=image

Complaint form: https://ocrcas.ed.gov/

If your daughter is not making effective progress, you may also consider whether she should be evaluated (or re-evaluated) for special education services.

Good luck!

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