Health Care Plan vs. 504

10 replies [Last post]
By Mia1 on Wed, 10-18-06, 16:16

I started my son in elementary school with a HCP. Now in 2nd grade and lack of follow through, I am pressing getting a 504 and just sent my certified letter yesterday. The Principal asked why I wanted a 504 and tried to sell me a bag of goods saying to my husband that a Health Care Plan will cover my peanut/nut allergic son with asthma, better than a 504, that the HCP gets thrown away once a 504 plan begins and no health care is followed and it only covers him in the classroom with his immediate class/desk needs. Hubby turned white, of course. I told the principal he was mistaken, that the 504 offered coverage wherever in school he goes. Principl said no and that if there were non-compliance then the teacher would get legally in trouble and not the school. I told him actually the school and the district has to make the staff comply so the district and school is liable. Am I the one confused or is he?? Someone please clear it up. Thanks so much.

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By Stephie's Mom on Wed, 10-18-06, 17:16

According to this document:
[url="http://www.504idea.org/StepbyStep.pdf"]http://www.504idea.org/StepbyStep.pdf[/url]

"Teaching staff
should be made aware that willful refusal to comply with a

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By marine on Fri, 11-26-10, 10:06

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By Mia1 on Wed, 10-18-06, 18:08

Thanks. Yes, that does seem to point out that willful non-compliance could result in compensatory and punitive damages, as well it should.

I will continue to read through the links provided, thank you.

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By Gail W on Wed, 10-18-06, 18:08

It always angers me when an administrator, who has THE JOB to know and explain your parental rights to you under Section 504, is misinformed and provides erroneous information.

Quote:Originally posted by Mia1:
[b] that the HCP gets thrown away once a 504 plan begins [/b]

Our IHP is a large part of our 504 plan. The IHP is listed as an accommodation of the 504 plan. Our IHP is 4 page of specific details.

Quote:Originally posted by Mia1:
[b]. . .and no health care is followed and it only covers him in the classroom with his immediate class/desk needs.

. . .I told the principal he was mistaken, that the 504 offered coverage wherever in school he goes. Principl said no and that if there were non-compliance then the teacher would get legally in trouble and not the school. I told him actually the school and the district has to make the staff comply so the district and school is liable. Am I the one confused or is he?? [/b]

Your principal is sadly mistaken. Reassure your DH by asking him to read this OCR site of FAQs: [url="http://www.ed.gov/about/offices/list/ocr/504faq.html"]http://www.ed.gov/about/offices/list/ocr/504faq.html[/url]

quote:
[i]"Section 504 is a federal law designed to protect the rights of individuals with disabilities in [b]programs and activities [/b]that receive federal funds from the U.S. Department of Education (ED). Section 504 provides: 'No otherwise qualified individual with a disability in the United States . . . shall solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under [b]any program or activity [/b]receiving Federal financial assistance . . . ."[/i] (bold added by me)

"Any program or activity" is not limited to his desk. [img]http://uumor.pair.com/nutalle2/peanutallergy/rolleyes.gif[/img] I had to consult with OCR when our SD claimed that 504 accommodations did not extend to extra-curricular activities. [i]They do.[/i]

From the same OCR site:

[i]"[b]9. What does noncompliance with Section 504 mean?[/b]

A school district is out of compliance when it is violating any provision of the Section 504 statute or regulations.

[b]10. What sanctions can OCR impose on a school district that is out of compliance?[/b]

OCR initially attempts to bring the school district into voluntary compliance through negotiation of a corrective action agreement. If OCR is unable to achieve voluntary compliance, OCR will initiate enforcement action. OCR may: (1) initiate administrative proceedings to terminate Department of Education financial assistance to the recipient; or (2) refer the case to the Department of Justice for judicial proceedings.

[b]11. Who has ultimate authority to enforce Section 504?[/b]

In the educational context, OCR has been given administrative authority to enforce Section 504. Section 504 is a Federal statute that may be enforced through the Department's administrative process or through the Federal court system. In addition, a person may at any time file a private lawsuit against a school district.

[b]38. What are the responsibilities of regular education teachers with respect to implementation of Section 504 plans? What are the consequences if the district fails to implement the plans?[/b]

Regular education teachers must implement the provisions of Section 504 plans when those plans govern the teachers' treatment of students for whom they are responsible. If the teachers fail to implement the plans, such failure can cause the school district to be in noncompliance with Section 504."[/i]

[This message has been edited by Gail W (edited October 18, 2006).]

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By Mia1 on Wed, 10-18-06, 18:11

Thanks for the info Gail. Wow! My hubby will be so much more comfortable, as I am, now. Thanks so much.

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By Ohio on Wed, 10-18-06, 20:51

The HCP is also part of our 504 plan.

I just posted similar advice on a different thread...

You could contact the 504 Coordinator (unless that is the principal) to see if s/he understands the 504 law as it pertains to allergies.

Here is a good pamphlet to review:
The Civil Rights of Students with Hidden Disabilities Under Section 504 of the Rehabilitation Act of 1973
[url="http://www.ed.gov/about/offices/list/ocr/docs/hq5269.html"]http://www.ed.gov/about/offices/list/ocr/docs/hq5269.html[/url]

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By Mia1 on Wed, 10-18-06, 23:24

Thanks--the 504 coordinator is a guidance counselor who looks like she just graduated high school and as of 3 weeks ago did not know that she WAS a 504 coordinator.

Where is the head banging on the brick wall smiley??

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By Ohio on Thu, 10-19-06, 02:04

Look at the bright side...take her inexperience as an opportunity to shape and direct the school in the "right" direction.

In our schools, the younger staff/teachers have been much more understanding and acommodating. I don't know if it is because they are more knowledgeable about allergies, or simply not set in their ways yet (change = bad).

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By Nutternomore on Thu, 10-19-06, 04:09

Linking:

[url="http://uumor.pair.com/nutalle2/peanutallergy/Forum7/HTML/001854.html"]http://uumor.pair.com/nutalle2/peanutallergy/Forum7/HTML/001854.html[/url]

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By Mia1 on Thu, 10-19-06, 11:36

Thanks for the link---great tips here. Thanks to all.

How long does/did it take any of you to get the 504 process going. For me, it will be a week post-request as of tomorrow, and I have not heard any response in either yay or nay to my request. I've now requested informally (verbally) 2x and formally( via certified letter once).

As I tap my fingers on the table....

Oh, and responding to the young guidance counselor. True, age is not in and of itself a problem or a plus, but this GC does not know who qualifies, how to qualify or what to do---she told me this. Ack!

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