Education Attorney advice requested...my child has been recently diagnosed w/ "social anxiety" but I don't like the 504 plan...

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My child is okay w/ spontaneous conversations & raising her hand but she is unable to stand in front of the class to talk. She's also unable to read anything from her seat, even if it's just a passage from their text book. She freezes up, shakes and withdraws. I asked the counselor & teacher to find an alternative assignment worth the same amount of points (for oral presentations). They did not offer anything. The 504 plan they want me to sign says she doesn't have to stand in front of the class (which is good) but the alternative is for her to read from her seat (something she can't do). She is otherwise an A/B student. If I don't sign the 504 then nothing gets done. This is all new. She starts seeing a new psychologist in a few weeks. Maybe he can write a letter to the school?

Attorney Answers

2
Charles Weiner ·
While a 504 Plan may provide accommodations and perhaps modifications to level the playing field, the bigger question is whether your school district has an obligation to provide specially designed instruction to enable your daughter to make progress. Your district (North Penn, I presume) has an obligation to identify all students in need of special education. Accordingly, if your district has not conducted an evaluation you may want to consider requesting (in writing) an evaluation. In conducting an evaluation, the district must evaluate in all areas of suspected need. The fact that your daughter obtains good grade does not necessarily exclude her from being identified as needing special education. Education is not merely the acquisition academic knowledge, but also the cultivation of skills an behavior to succeed. If your district has conducted an evaluation and you are not certain whether it was appropriate, you may want to consult an attorney to discuss your rights and options.
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Todd Kotler ·
In addition to Attorney Weiner's sound guidance, I have a few other pointers. Once you write the school and ask for an evaluation for qualification as a child with special needs, an additional set of Federal mandates kicks in under the Individuals with Disabilities Education Act, usually known as IDEA. Additionally per Federal Regulations (34 CFR §§ 300.307 through 300.311), an initial evaluation must be conducted within 60 days following your written request and if you disagree with their evaluation, you may request an independent evaluation at no cost to you. Below is a link to an article I wrote on basic special education rights. Good Luck and please indicate if you found this answer and / or the link(s) helpful.
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