Question: I have two high school students in our private school who have 504 Plans. I’d like the public school district to update the plans, but the district says they are not responsible for that. At my last school in another city, the district updated the 504 Plans for our students. So, I’m confused.
Is this difference based on school district policy or something else? Do districts have an obligation to write 504 Plans for our students, or not?
Answer: This is complicated. A little background will help. First, 504 Plans are named for a section in the federal Rehabilitation Act of 1973. This provision of the law addresses the needs of students who do not meet the criteria for special education through the Individual with Disabilities Education Act (IDEA), but are still in need of accommodations to receive a Free Appropriate Public Education (FAPE).
When a parent enrolls a child in a private school, they have declined FAPE; therefore, the child is not eligible for a 504 Plan. These plans are written and executed by public schools for public school students.
Private school students are eligible for services under the IDEA. But those services are limited by what the public school district, in consultation with private school officials, decides to provide private school students with special needs. It is driven by the amount of federal dollars the district receives. For that reason, services for private school students vary from district to district, and therefore also varies student by student.
Additionally, 504 Plans include civil rights law protections for students with disabilities in public schools. For this reason, private schools should NOT be invoking the “504 Plan” name in any accommodations they develop and write for a student. National experts on special education law have told WCRIS staff that using the “504 Plan” label may trigger a private school’s responsibility to comply with these other laws.
Follow-up Question: What about my old public school district that did write my private school student a 504 Plan?
National special education experts have told WCRIS that if the special education staff at the local school district is willing to provide free support for developing accommodation plans for a student at your school, there is nothing in state or federal law stopping them from helping you to help your student.
In some cases, it may be in the district’s best interest because they may inherit your student in a later grade.
However, experts have told WCRIS that any plan developed for accommodating a private school student with special needs should be titled and referenced differently. The private school should not call it a 504 Plan nor have any paperwork on file using that name. An alternative title, such as “accommodation plan,” is more appropriate.
Bottom line: The public district is free to help you in writing a plan for your student. But it is not a 504 Plan. Private school administrators should not use that verbiage when implementing accommodations for a student at the private school.
Note: This is not legal advice. WCRIS does not employ lawyers nor has legal counsel on staff. If you have any questions about this issue, you should contact your school attorney or other qualified, licensed professionals to help you.
