Expert: Norm Bishop - 10/25/2010

Question
My son is a senior in high school.  He has a 504 plan for ADD.  
He has had this since he was in 3rd grade.  His counselor  
wanted to get rid of his 504 plan last year.  This year she is
trying to get rid of it again and says that he is not using
the accommodations.  Can she do this if we do not agree?

Answer
The short answer is no.  The process for changing a 504 plan is a 504 team meeting.  It is not a matter of his using or not using the accommodations, it is a matter of insuring that he isn't discriminated against without them.  

Understand that 504 is a small part of a larger act guaranteeing civil rights for disabled persons.  It is very short on regulation, in fact Section 504 of this act is only a few paragraphs.

If the plan is dropped without a meeting and discussion, including your son, would be a violation of your son's civil rights and cause him to not be given reasonable accommodations that would insure that he isn't discriminated against because of his ADD.  The Counselor needs to get further training in the law.

Your recourse, if this is done, is to call your local office of civil rights and file a formal complaint.  They have similar powers to the IRS, so schools do not want 504 complaints.

Is your son 18?  If so, then he is the party that has to agree or not agree, unless you have gone to court to without his adulthood and maintain custodial parental rights.  

Hope this works for your son...Norm