Question: I have a student with a 504 plan. The 504 plan states he needs a nurse for his medical problems. Is this something that the local public school would provide?
Answer: No, most likely not because the public school is not bound by the plan once the child goes to a private school. A nurse would be expensive and the public school would no longer be obligated to provide that help to the student.
It’s good to remember that a private school is not under the same obligation to execute a student’s 504 plan as a public school. According to Section 504 of the Rehabilitation Act of 1973, the private school must make “minor accommodations” for students with disabilities. (34 C.F.R. § 104.39(a)) While the Americans with Disabilities Act (ADA), states that businesses “must provide reasonable accommodations” for people with disabilities.
One example of a minor accommodation would be installing a ramp for a student in a wheelchair.
But because 504 plans are tied to federal disability protection laws, private schools should move with caution when implementing anything from the student’s 504 plan.
It is recommended that private schools should:
- Be clear with the child’s parents about what the private school will and will not provide;
- The private school should clearly document those parameters with the family;
- Private schools should NOT call these arrangements a 504 plan. Private schools should avoid using that language because it could trigger legal obligations under federal law;
- Call it an “accommodation plan.”
Again, because the student is no longer enrolled in the public school, the student loses their individual entitled to services and the public school is no longer obligated to provide the student a free appropriate public education (FAPE). Further, the private school does not have the obligation to fill the role in the same fashion as the public school.
When a private school has a student with a substantial 504 plan from the public school, the private school should talk to the parents about the options for serving that child in the private school, noting it will be likely much different than the 504 plan being offered in the public school.
