Julie: Is it legally mandatory for a high school student to attend an initial 504 meeting at a public High School? I am the Mother and specifically requested to have my daughter be excused from the meeting because I did not want her to be there and hear about all of the testing scores. The 504 coordinator and other school personnel said it was mandatory and that she was a “valuable part of the team.” As her guardian I requested her not be there, but I was denied and she was required to give her input, but also to stay for the duration of the meeting. Is this legal? I felt it was emotionally damaging for her to be there. (CA)
At what age MUST a student be invited to their 504 meeting?
Hi Susan, the current Section 504 regulations do not address many important issues about 504 plans and meetings that would answer your question. We expect this will soon change because the Office for Civil Rights (OCR) is writing new regs. The 504 regs went into effect in 1977 and have not been revised since.
Pete and I are wrapping up work on the new revised 3rd edition of Wrightslaw: Special Education Law – this book has been expanded to include the education of children with special needs under Section 504 and the ADA.
In situations like this where there is no clear answer, OCR often “borrows” from IDEA.
IDEA says that a child will receive transition services “Beginning not later than the first IEP to be in effect when the child turns 16 (developed when the child is 15) – or younger if determined appropriate by the IEP Team. Transition services are part of the IEP and are determined by IEP team members. With Section 504, I expect transition is part of the Sec 504 Plan developed by Sec 504 team members.
In “Transition Services Participants,” IDEA says the school must invite the child to attend meetings if one purpose of the meeting is to consider postsecondary goals for the child and the transition services the child needs (and the school will provide) to help the child reach those goals.(34 CFR § 300.320(b))
“If the child does not attend the IEP Team meeting, the school must take other steps to ensure that the child’s preferences and interests are considered.”
I hope this helps!
If a parent requests to be present at a 504 meeting can they be denied attendance? A parent has requested to be present when an administrator goes over the 504 plan with a student and has been denied to attend this meeting.
Hi Ginny, It’s unusual for an administrator to meet with a student and not allow the parent to attend the meeting about a Section 504 plan.
A short to-the-point letter can open many doors. I would advise the parent to make her request to attend the meeting in writing. She should avoid sharing her feelings or trying to make the administrator look bad. She can write that she wants to attend the meeting and is making the request in writing to eliminate any confusion.
Good advice! Also every district should have a 504 Coordinator. Contacting that person might be an option.
Julie –
Section 504 does not require students to attend and participate in 504 plan meetings. In fact, it does not even require parents to be invited to such meetings and the school can deny parents participation.
While I agree with the idea that your daughter likely has input that will be valuable for 504 plan development, there are certainly other ways the school can get it.
I don’t know the law, but my 17 year old had to be invited but didn’t need to attend.