I am sorry you are going through this. If the school is not following the accommodations set forth in the 504 plan, your sons Civil Rights are being violated. They must follow every provision of the 504 plan.
You can therefore file a complaint with the Office of Civil Rights in the United States Department of Education. By filing a complaint, you will be alleging discrimination of your son based on disability. This is prohibited under federal law by Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990. Title II prohibits discrimination on the basis of disability by public agencies, whether or not they receive federal financial assistance. Your school is a public agency covered by these laws.
You have 180 calendar days from the time of the alleged violation to file a complaint. If you have used the grievance process in your school district already, you have 60 days from the last school based grievance process to file your complaint with the Office of Civil Rights. You may mail or fax your complaint to the following office:
Office for Civil Rights/Dallas U.S. Department of Education***** Suite 1620 Dallas, TX 75201 Tel.(###) ###-####Fax:(###) ###-#### This office takes care of Arkansas, Louisiana, Mississippi, Texas.
In your complaint include the following:
- The complainant’s name, address and, if possible (although not required), a telephone number where the complainant may be reached during business hours. You are the complainant on behalf of your son.
- Also include Information about how your son was injured (not given services pursuant to the 504 plan) by the alleged discriminatory act(s) of the school
- The name and location of the institution that committed the alleged discriminatory act(s); and
- A description of the alleged discriminatory act(s) in sufficient detail to enable the Office of Civil Rights to understand what occurred, when it occurred, and the basis for the alleged discrimination based on your son's disability.
There is also an online link to file a complaint. Here it is: http://http://www.ed.gov/about/offices/list/ocr/complaintintro.html.
Please let me know if I can help more. I hope you are able to get the school to comply with your son's rights. Reach out to me if I can help more.
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