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What should we do? Have our rights been violated in regards to IEP/504 plan

Glendale, AZ |

I requested an IEP / 504 plan eval in Jan for my child. I met with several people at the school for the meeting. I wanted to pass the information from the 504 plan onto my child's new school. The old school said they never did a meeting with me and have no 504 plan. However, I have the email where I requested the meeting but I do not have copies of anything from the actual meeting. An advocate I spoke to said my rights have clearly been violated but what can be done about it? I feel as if they are discriminating against my child because she has OD/CD-as she was never in trouble prior to the meeting. However, since we had the meeting and they got the documentation of the OD/CD she has been suspended at least 4-5 times for OD/CD related behaviors.

Attorney Answers 3


  1. This parent needs to follow up with with both schools in writing. Ask district #1 to either acknowledge the meeting or admit (since they received an e-mail request for eval) that they have violated child-find by not conducting the eval within 60 days (the Federal timeline - Az may have tighter requirements).

    Also renew the request for an eval with school #2 and ask for notes, classroom video or anything that might describe what events occurred before the incidents for which the child was suspended. Below is a link to a guide I authored, about the importance of written follow-up.

    If the school still refuses to act, contact an education lawyer in your area, at once.

    Good luck

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  2. I fully agree that in a situation such as this that both school districts should be contacted immediately and that the contact should be in writing. A parent in this situation can also request that the school district provide all student records for their child, and the District must comply. Parents in this situation should be sure that they make polite yet forceful written communications with the District. If the parent does not receive a satisfactory response or if they fell the discrimination continues, they should contact an education lawyer in their area.

    This response is only provided as general information and is NOT legal advice. By responding to this question, I am not forming an attorney-client relationship with anyone. I am not your attorney. This response should NOT be relied upon to take or refrain from taking any action. The person posing this question as well as anyone readign this response should seek the advice of competent counsel before taking any action related to this inquiry.


  3. I agree with the answers from the other attorneys about putting your request in writing and getting documentation. In your questions though, you wrote 504/IEP and I wanted to make sure that you understood that these are pretty different types of plans. IEP plans are generally much more detailed and I would generally recommend them over a 504 plan.
    I would suggest that you find a local education attorney or advocate to help you with this process.

    This advice does not constitute legal representation. There is no attorney-client relationship created, nor is there any attorney-client privilege established. Please seek advice from counsel.

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