Basalt, CO asked in Education Law for Colorado

Q: My son has a 504 plan in 6th grade was put in a room by himself cause he refused to wear a mask. is that legal?

I sent the school a letter stating that I refuse them to put a medical mask on my child. They will not comply. When my son showed up to school Thursday without a mask they removed him from class and put him in a room by himself with no direction from his teachers on how to do his school work. He has ADD and has a 504 plan. Is that legal to segregate him that way?

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

A: I'm not sure if this is still an issue, but the 504 plan is to accommodate your child's disabilities so he can access his education. Is he physically unable to wear a mask due to his ADD? If so, you should meet with the 504 team to discuss what types of accommodations can be put in place so your son isn't removed from the class.

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