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Besides the senior D I have a younger son. He has just started at the public high school. He has ADD and other learning disabilites. He has in the past had and IEP but is now on a 504. He is running cross country and I am having a problem with the coach. Son has to leave practice 1 hour early to go to an educational therapist. The coach has a problem with this. He is also the track coach. He is willing to let him out for the remaining 5 weeks to cross country but he is not happy with it. He will not allow him to leave early during track season. So if S wants to do track he will need to drop the tutoring ( not a realistic option) or not do track. Coach feels that sports are a EC and therefore he does not need to give him any 504 accommodations. I think the coach is wrong. But does any one know what legal rights son has in this case. I am unsure of who to talk with next. Counselor, Athletic Director or Vice Principal(who owes S a favor). Or another option would be to contact the local Dyslexia awareness center who has lots of beefs with the local school district.
Any advice would be great. Thanks

By Voronwe (Voronwe) on Thursday, October 07, 2004 - 12:27 pm: Edit

I am completely sympathetic, but this is a very, very tough call. Legally things may work in your favor where you live, but where we live - no way. It is not an educational activity, and the argument (always successful) is, "If we let one person out for tutoring, we have to let EVERYONE out for tutoring or it is discrimination."

Sports teams are very tough. Here the coaches have absolute authority. There are ALWAYS parents who want their child out for very excellent reasons, especially over vacations, and in every case, the coach wins.

It may be different where you are.... Hope a lawyer has an answer for you.

By Mom60 (Mom60) on Thursday, October 07, 2004 - 12:35 pm: Edit

To clarify he leaves early only 1 day of the week. The other 4 days he is at the entire practice.

By Bigdaddy (Bigdaddy) on Thursday, October 07, 2004 - 12:37 pm: Edit

I have experience in California where the law is against you. The situation boils down to this: education is a right and your 504 applies; sports and other EC activities are voluntary and are not subject to 504 or special education mandates.

The practical matter is that a sports team must have expectations and rules that apply to all members. Cross County is a little different in that the "team" aspect is a collection of individual scores (times) rather than interactive play among teammates. Still, the coach is right that he cannot provide proper instruction, or do quality control on conditioning and technique, etc., if the runner does not attend team practices.

By Nedad (Nedad) on Thursday, October 07, 2004 - 12:41 pm: Edit

Sounds like the problem is the therapist. Is there any reason he/she cannot see your son an hour later? If he/she isn't flexible I'd drop the therapist rather than the team (get a different therapist or hire a different tutor). Bigdaddy is right, and teams really can't be in the business of making exceptions.

By Mom60 (Mom60) on Thursday, October 07, 2004 - 01:30 pm: Edit

His tutor is not a typical tutor. She does not tutor him in specific subjects or work on his homework. In simple terms she keeps him organized and helps him get the ideas that are in his head down on paper. He has problems with memory and verbal and non verbal recall. We don't live in a huge city where we have lots to chose from. They work well together and I would hate to have to start fresh as it takes time for someone to learn his strengths and weaknesses. It is not so easy to get a later time as she has other students as well. It took many months on a waiting list to get in with her to begin with. We are in the process of seeing if someone with a later time would be willing to switch with him.
There also is the added problem that the ADD med. begins to lose its effectiveness the later in the evening we go.
I am frustrated with the coaches lack of flexibility. For a kid who school is a constant struggle sports is a relief at the end of the day. It is not like cross country or track are sports that required the entire team to be present at all times. They are also no cut sports at our school.
He is a soph. and at his previous school they had no problem with him leaving early 1 day a week. I am finding that with the public school their policies are so rigid that they are not willing to look at the individual circumstances.
Since it appears he has no 504 rights I guess will have to convince someone that the benefits to the student outweigh the policy.