Anonymous wrote:
Anonymous wrote:My 3rd grader has a 504 plan that allows for extra time in a quiet environment for standardized tests. CAPE testing started today and she spent half the day in a special ed room where most of the class was not taking the test so it was not quiet. Then she spent the afternoon with 3 other kids in the assistant principal’s office. The assistant principal went about his regular business, having meetings, making phone calls, etc. She came home and reported the content of all of his conversations, some of which clearly should have been private (e.g. he discussed issues with other teachers; etc.).
On the one hand, CAPE testing in 3rd grade doesn’t really matter so I don’t have strong feelings about my kid having the opportunity to do well. Plus, I understand that staffing issues mean that they can have my kid alone in a ro with a quiet adult. On the other hand, this situation seems to stray REALLY far from the 504 plan. She spent the day in rooms that were filled with distractions and noise.
Should I insist on a quieter environment? Will I be labeled as a problem parent? Is it even fair to push the school to extend staffing resources for my kid when the stakes of the testing are so low? I’d love advice.
Yes you should. they are not complying with this accommodation. She probably would have been better off in a regular testing room than what you describe.
The law is the law. Politely document the failure to provide 504 accommodations, and that your DD could hear private conversations while working on the test (if there was something inappropriate, I would restate it in the letter.)
This isn’t about you being difficult or their staffing issues. The law is the law and they are legally obligated to sort out staffing issues in order to comply with the law. I have had to ask higher level, special education, supervisory personnel outside my child’s school building to “provide the necessary resources, and training“ to ensure “the school complies with its legal obligation under section 504“ and that I “look forward to resolving this issue without having to resort to do process“. Issues have always been corrected the very next day when I write the associate superintendent special education about violations of a 504 plan. Of course, I would never reach out to problem solve at that level before first going directly to the teacher, then raising the issue to the principal, if there are repeated violations. Only on the third strike do I go outside the building.
To be honest, I’d rather not have to do this. But after two kids and over a decade of experience with 504’s or IEP’s, I’ve come to the conclusion that it’s better for everyone that failures to comply with 504 or IEP accommodations be nipped in the bud.