A number of days ago I had the opportunity to speak with my sister who, teaches second grade, about a matter concerning the law in education. My sister, her husband, and their three children, one of which is a diabetic, came to my house for the weekend for a visit with her husband and children, one of which is a diabetic. The discussion revolved around the diabetic and situations her mother faced school concerning the handling of educational decisions that affected her child. Her child, being a diabetic, often confronted situations in which she had to leave the classroom and go to see the nurse on campus. When she would leave to see the nurse, she sometimes would have to miss entire classes. My sister began to have problems with the principal when he told her that her child would not be exempt from final tests as a result of missing classes. Evidently, if students did not miss any classes throughout the school semester, they were exempt from taking final examinations and did not have to attend school during those test days. The only days my niece had missed were the days she had been to the nurses office on campus. During a conference with the principal, my sister was told that it was policy not to exempt children in these situations and that they would hold to that policy.

My sister asked for and received a number for what she called the state office where she talked with someone concerning "504." She later came into contact with the 504 coordinator at her local school. She was told that it was illegal to deny anyone with a disability any opportunity afforded the other students. She was also told that her daughter's diabetes was an included disability in regard to this law. Therefore, it was her understanding (from the state department) that her daughter could not be denied the opportunity to be exempt from her final examinations if others in the school were afforded that opportunity. During a meeting with the principal, the superintendent, and several of her daughter's teachers, my sister and her husband discussed the school's exemption policy. The principal told my sister that her daughter would not be exempted from the examinations. My sister's response was that she did not think that was the way it was going to be. When the principal indicated that the policy was clear and my sister's husband asked why his daughter was being discriminated against on the basis of her disability, tensions began to escalate. At this point, the 504 administrator said that she needed to speak with the principal alone, and they left the meeting room. When they returned, the principal indicated that they would make an exception for my niece and began to draw up a plan for the justification of her being exempted from final exams. My sister later found out that the principal was very upset that he would have to make an exception and only conceded when he was told by the 504 coordinator that he would lose and was required by law to take the action that was eventually undertaken.

I am unsure what the "504" law is. Although it is related to the rights of students and parents, I do not believe that it is part of the Family Education Rights and Privacy Act (FERPA). I speculate that it may be a section of another law such as PL 94-142. It was the perception of my sister that this law dealt with disabilities and the rights of students concerning the denial of opportunities typically afforded to others. This denial is illegal when it is based upon the limitations of those disabilities. I am interested in finding out more about this law. I would like to know exactly which law my sister was speaking of and what the law actually says about students and their rights with regard to education. Maybe we will discuss this issue in class or will be directed to information concerning it. In the meantime, I will do some searching of my own in an attempt to determine what this "504" law is.

< Back