Starting Kindergarten and wondering if this is enough?

Also, how do you handle this?

Cupcakes for birthdays are often bought at xyz bakery. My DS is *severely* allergic to walnuts/pecans (touch sensitive and likely anaphalytic). Xyz bakery is peanut-free but uses TONS of walnuts and pecans. The cupcakes, for instance, are often shelved next to brownies with walnuts.

My DS will not be allowed to eat bakery items. But are you comfortable with parents bringing in bakery items like these from xyz bakery?

We had many of the same misgivings that you do about asking for a 504 evaluation.

But what I argued (when I was asked why I thought such a thing was necessary) was that with a 504 in place, there is no room for anyone to wonder whether something needs to be done or whether it is someone else's job to do it if it does. This includes spelling out [i]your[/i] responsibilities as well as the school's. It also precludes "reinventing the wheel" if there are changes in staffing. It also doesn't put busy teachers and staff in the position of constantly trying to make such critical decisions if they have a plan to follow.

This seemed to not offend anyone in the least, and made them understand that I wanted a 504 plan not for MY benefit, but for [i]everyone's[/i] benefit.

Can it work out great without one? Of course. But largesse is a very fickle thing. ANd if your arrangements are informal, that is what you are relying upon. What will happen if another parent decides to bring illicit treats on the same day that the principal and your child's teacher are both out sick?

PS-- about your other question, I don't think I would be very happy with xyz bakery items in your child's classroom if I were you... not with a contact-sensitive child and gross cross-contact. Even if your child wouldn't be eating them.

I forgot the most important point!! LOL!

If you don't want your child to be excluded because of their allergies-- GET A 504. There is no other way to consistantly protect their [i]civil rights[/i] in addition to their safety. An IHP can do the safety part. But will it be okay with you if your child sits by themselves during a party [i]for their own safety?[/i] I'm guessing from your post that it won't. 504 is meant to prevent such things from happening. It says that your child deserves to have equal access... not just to be "safe." This was also my point (though vieled) with the school when I said that it would prevent teachers from having to make decisions about safety all the time. If no unsafe treats are allowed, for example, then the teacher never has to think about sitting your child outside in the hall to keep them safe. KWIM?

No good teacher would [i]ever[/i] take their hostility toward you out on your child-- truly. And a bad one is going to be a bad thing no matter how nice you are. Don't be afraid because of what you have "heard." Ask if they've ever written a 504 for a food allergy before you dismiss the idea. If they haven't, you have to wonder if all of the FA children there have the same exact needs, or are some kids' needs going unmet? Will it be okay for some of your childs' to as well? Or do you want your child to be treated according to [i]your[/i] comfort zone?

[img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

We just had our 504 meeting today and subs is a HUGE issue. My nurse has a binder with all the allergic students plans and pictures. Each sub who comes in meets with her and reviews all students she/he will contact that day. They get very nervous about sub nurses and the nurse will call the sub to review procedures with her. Now they are doing all this for students without a 504 as well but I probably wouldn't know this if I didn't ask for a 504!

What about sub playground monitors? Often if the kind monitor is absent another monitor will take over and let the sub do some other task for them instead. They don't like subs on the playground with FA kids.

It doesn't sound like they 'have it all under control'. A 504 would do this for you and since you aren't adamant about having one you can go in and politely request on (in writing) with a note from your doctor.

Luvmyboys

The sub teacher and the "specials" teachers are two areas I am working on for this year. I found out last year after I had been told that all staff he interacts with know about the allergy.
Later in the year, I was helping in the media center and DS was coughing. He has asthma. I looked at the Media Center teacher and she didn't even blink. He continued to cough. The kids were watching a movie and i walked up to her and told her that he needed to be excused to the nurse to get his inhaler.
I asked her if she realized that cough was classic asthma coughing? She did not know he had allergies or asthma.
When I approached the nurse, she said that due to privacy rules, teachers must come to her to gain information about students "issues". She pulled out a list and the librarian had not come to gather information, nor had the art teacher.
I emailed all teachers he interacts with and explained his allergies & situation. I am still trying to work through a 504 for this year due to all the little cracks and issues that continue to pop up.

Also, I was in his classroom helping for pizza lunch. The kids eat in the classroom on this day. There was a sub and she was so focused on trying to get the kids settled down. I was walking around passing out pizza and smelled PB. I was looking to see who was eating it. A girl behind my DS. I told the sub that she needed to eat at the table that is by the teacher's desk and that she needed to clean the table with the stuff in the closet after lunch & send the girl to wash.
She knew about the allergy, but forgot because the class was misbehaving.
In both instances, I spoke with DS and told him that he needed to speak up!!! That he needed to get up and ask to see the nurse. He said he was worried about getting in trouble. I told him he would not get into trouble and if she said no, he should go anyway or ask to see the principal or his regular teacher.
I find that every time I think everything is covered, I'll be at school volunteering for something and I continue to see situations that are not good for DS and others with allergies.
I wanted a 504 in kindergarden, but the principal really drug his heels and tried to accommodate me and I backed off. I started the wheels rolling again last year (2nd grade) because of all these little things that pop up.
I would get a 504 out of the gate and be done!!!

Also, DS has a container of Safe Snacks in his classroom. There are cookies, chips, pretzels, rice crispe treats, etc.
The teacher or the parents will call me a couple of days before bdays and I usually send in a cupcake from home for DS. Cupcakes are the only thing allowed for bday treats.

OK I am pretty much convinced...I just dread bringing this up...who do I mention it to first? THe principal?

Also, how can I be sure the allergist will be in my camp that I need one for my ds? He has never had an anaphalytic reaction, but has been to the hospital with severe reactions 3 times, and is touch sensitive (will get hives if touches nut residue, and swelling eyes...happened last year in preschool). Isn't this "extra work" for the allergist too?

This K teacher is retiring after this year and has a reputation for using lots of subs. UGH! THat is probably my biggest concern. That and birthday parties.

Sak, if you are in NJ can I ask who your dr is and how you got their support on the 504? I have a feeling I'm located in the town next to yours.

Thanks!

I would just echo many of the comments made in this thread,and will add my own two cents...

...Get a 504. Don't wait until there might be a problem. Be proactive. A 504 is just good management planning from the start, one which will help greatly reduce any confusion, misunderstandings, and bad feelings. If you wait, your SD might give you a hard time indicating that your child has never needed one in the past, so doesn't qualify now. Then it might take you a while to actually get one (schools are notoriously slow with this stuff) if they give you a hard time.

Where is Gail's great thread on "Why not getting a 504 is a dis-service to your child"? I will try and reraise.

Yes be PRO Active. If you go to a good school, they should not be offended by you requesting a 504 meeting.

List what your child needs on the 504.In the meeting they will go over your 504. They will tell you what "they" deem is not necessary. If you have it written up you can counter act "why" your demand is necessary.

Our school is old, so we do not have sinks in the classrooms like newer schools. Our school provides the hand wipes. I only brought in the first box of wipes because they were not prepared for the first day, and my 504 was only days before the school started.

I had pictures of the contact allergy too. What happened before and after my ds ate watermellon and got it on his skin. He was extremely red becaise of it.

Documentation is the best way to keep your child safe. Don't be afraid, this is your child, and you have the right to a 504 and keeping your child safe at school.

best wishes,

------------------
Renee

today is the tomorrow that you were worried about yesterday.

Update:

I called the principal today and asked several questions (about subs, field trips etc) and then asked about a 504. The principal said that it is not needed because there will be a "plan" for my son. But the "plan" consists mainly of me talking to the K teacher (who is hard to pin down) and working with her.

He said that a 504 for food allergies is a "misuse of the 504" and not necessary. Now, I do fully believe he is going to provide a safe environment and be supportive. But from my experience already in preschool, things can fall apart very fast when someone (even another mom) is not supportive or doesn't get it....and the principal may not see what the parent is dealing with on a day-to-day level.

BTW, he even said food allergies were not covered by the 504 act because it is not a "disability", and I told him -- very nicely -- that he probably doesn't want to say that because they ARE COVERED and there IS legal precedent for that (this is correct, right?). I am torn though, because my DS is very sensitive and I don't necessarily want him flagged that way (as a disability, a pain, or whatever...) and I get the feeling pushing for a 504 would flag him, and me....even if it is the safest thing, it could affect him negatively in other ways.

One of my other main concerns is training the staff to recognize what a reaction looks like in MY DS so they can act quickly. That is where I am worried about all the subs, which this K teacher is notorious for (it's her last year for retirement and she likes to take sick days).

So, the long and short of it is that I was basically told "NO" about a 504 and they will work with me. I requested that the principal leave a note for the K teacher that I want to sit down with her for 30 min sometime before school starts -- not have a passing coversation. And I will come in next week to talk to the nurse.

What would you do next?

THanks!

[This message has been edited by TwokidsNJ (edited August 24, 2006).]

Make sure you have a very good allergist's letter. You're going to need one to establish eligibility, it sounds like. Call your allergist's office and ask the nurse if he/she's done any 504 letters recently (or ever)... this will let you know how proactive you should be about a drafting a letter yourself.

ONce you feel that [i]that[/i] is well in hand, request a 504 eligibility meeting IN WRITING. You can also tell principal that you are so sorry that he feels this is a "misuse" of 504 but that many national professional organizations dedicated to asthma and allergies disagree with him.

I would also nicely point out to the principal that since a general "way" of handling food allergy exists, much of the 504 plan might well be already in place... but the 504 plan is [i]about YOUR child.[/i] This is as it should be. And how on earth is a sub ever going to just "know" about a plan that isn't written down anywhere??

Look at the AAFA position statement. They include severe FA specifically. Shame on that principal for saying this is a "misuse" of 504. Don't you dare feel guilty. Grrrr. [img]http://uumor.pair.com/nutalle2/peanutallergy/mad.gif[/img] He's wrong.

And as for your other concern, while they may begin to treat [i]you[/i] with all the enthusiasm of a dead raccoon after a while, if they [i]ever[/i] retaliate against your child in ANY WAY, this is grounds for a civil rights complaint to OCR... trust me, they won't. (Although if your arrangements are informal this can be a real concern.)

Don't take it too personally-- it isn't that they don't want to help you... they just don't yet see why it is best for everyone. So remember that you just need to educate them. And right now, no teacher or administrator is going to be very happy with a parent's proposal for more work and an additional meeting or two. [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

[This message has been edited by Corvallis Mom (edited August 24, 2006).]

Twokids,

All your principal has to do is hop over the NJ/PA border to find a school that has implemented an extremely comprehensive 504. First one for a PA child to my knowledge in our district, and it has been in force for going on 5 years now.

He wouldn't think it was an abuse of a 504 if he saw how quickly a reaction can occur from peanuts. Seeing IS believing.

And koalamomma has one in her school district neighboring ours. The officials in her district were a little hard-pressed to say her child didn't qualify when Ryan had his in effect for three years. Our principal even volunteered to talk with the administrators at her child's school to inform them about how our 504 plan was/is working.

I work in a school and I will definately have a 504 in place for my son. No one likes an adversarial relationship, but for my son a 504 is the only option. I just hope that when I enroll him next year for kindergarten they will see it the same way!

Corvallis - where can I find the AAFA position statement?

Also is there any documentation of legal precedent for 504/food allergies and of the gvt's inclusion of severe food allergies as a condition that qualifies for 504?

My concern is just what you said...if it's not documented anywhere, and a sub is teaching, how is the sub going to know the precautions for MY child/recognize a reaction/deal with the surprise bday cake brought in to class? THe person who shared the story of the music teacher not recognizing the signs of an asthma attack scared me -- I used this example in my discussion with the principal today.

Saknj - are you the person that coordinates the support group at St. Barnabas? Do you happen to know whether people around this area have 504's in place (specifically the town near you that starts with M).

Thanks for all your help!

I think this is great advice:

Quote:Originally posted by saknjmom:
[b]I would get a 504 out of the gate and be done!!![/b]

Yes-- I'll find both AAFA and OCR's documents and paste links here for you.

This is a general Q+A from OCR about section 504 (good place to start though... it's the "Cliff's Notes" version. [img]http://uumor.pair.com/nutalle2/peanutallergy/wink.gif[/img] )

[url="http://www.ed.gov/about/offices/list/ocr/504faq.html"]http://www.ed.gov/about/offices/list/ocr/504faq.html[/url]

This is the one to print. Highlight what it says as it defines a "hidden disability." Allergy and diabetes are both specifically mentioned.

[url="http://www.ed.gov/about/offices/list/ocr/docs/hq5269.html"]http://www.ed.gov/about/offices/list/ocr/docs/hq5269.html[/url]

There's a nice info sheet from AAFA/New England. Complete with a link to MA/DOE.

(It is on the side-bar to the right. Cannot for the life of me get the link posted correctly...)

[url="http://www.asthmaandallergies.org/index.htm"]http://www.asthmaandallergies.org/index.htm[/url]

Finally, the one I include WHENEVER I intend to educate someone about how 504 applies to severe FA... print this.

[url="http://www.aafa.org/display.cfm?id=9&sub=22&cont=308"]http://www.aafa.org/display.cfm?id=9&sub=22&cont=308[/url]

This should be plenty to get you started. [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

[This message has been edited by Corvallis Mom (edited August 24, 2006).]

also some good advice in this thread on getting started with 504: [url="http://uumor.pair.com/nutalle2/peanutallergy/Forum7/HTML/001705.html"]http://uumor.pair.com/nutalle2/peanutallergy/Forum7/HTML/001705.html[/url]

Quote:Originally posted by Gail W:
[b]I think this is great advice:

[/b]

But what if they will not give you a 504?
What is the next step? Call the Superintendent? (Btw, our principal and the superintendent are very close).

I really do not want an adversarial relationship with the school. DS will be there 6 years.

Corvallis, thanks for the links, I will read them, and I already left a voice mail for a Dept of Education - Office of Civil Rights lawyer -- I saw her phone # on another thread.

Thank you!

Well, procedurally, they cannot deny eligibility without a meeting.

They will have a considerable amount of trouble denying eligibility if they have already said they need to make "accomodations" informally. This becomes even harder if you have a good physician's letter and know the law well enough to counter arguments with it.

If they refuse to give you a meeting at all, THAT is a violation by OCR's criteria.

But, if they violate...who are they accountable to? A lawsuit?

Firstly, to the Office of Civil Rights. (They even walk you through the process!! How thoughtful!)

[url="http://www.ed.gov/about/offices/list/ocr/docs/howto.html?src=rt"]http://www.ed.gov/about/offices/list/ocr/docs/howto.html?src=rt[/url]

This is the same place you go if there is a willful or ongoing violation of your chid's 504 plan.

(Though filing a complaint does not IIRC prevent you from filing suit for damages as well.)

Few schools want the federal scrutiny that comes with an OCR investigation. Funds are at stake at some point in that process.

[This message has been edited by Corvallis Mom (edited August 25, 2006).]

Great! thank you....glad to see there is a higher authority.

In reading the other thread (the 14pg one about why you need a 504), I have to say the process sounds very intimidating. It is hard to even get thru the thread...esp with all the arguments within the group here.

I also think there is a bias here ... everyone says you need a 504 here, but out in the real world (ie, our elem school), NO ONE has asked for or gotten one for food allergies. What I read in the thread sounds VERY STRESSFUL and I DO NOT want to alienate the school and create other issues for myself or my kids.

I really understand your reluctance.

But even if you don't opt to go with a 504 plan, you really must have a written plan in place that [i]addresses YOUR child's specific needs.[/i] (This according to FAAN.)

I find it concerning that your school (at the moment) feels that it has "covered all that" with a general action plan that is to apply to all children with FA.

This seems as wrong-headed as having a single management plan that deals with any other chronic condition. Do all these children have to follow a one-size-fits-all "plan" as well?

[i]"ohhh, I'm sorry Janey, but the school's plan says that you shouldn't need your inhaler unless you're sick or have been at recess or PE... "

"It says right here that we already checked your blood sugar once today before lunch... We don't need to check it again until after recess, honey..." [/i]

I don't think so. They need information about each child-- and what quirks they can expect FOR EACH CHILD.

The bias that you see here toward 504 plans is based on many years of heartbreaking experience. Even those of us who have not had "terrible" experiences without them understand how fragile your position is if you elect to do it without one. And when faced with a choice between safety and social normalcy, the school will [i]always[/i] choose safety...sometimes instead of saying "Why not have both?" which is what the 504 plan forces them to do.

Not all PA children "require" 504 protections. (There-- I've said it. Flame away, everyone!!) But the majority of the parents here feel it [i]is[/i] needed. I don't know if it is because we understand the risks better or if our kids are on average more sensitive/severely affected, I just don't know. There is a bias, but I can't think of too many parents posting here who didn't have VERY good reasons for getting a 504...

Make them tell you why your child [i]doesn't[/i] qualify, using the language set forth in the law. (Not some guideline that the principal has in his head...) How relucant is the school going to be if you think their "general" plan is deficient in some way w/r to [i]your[/i] child?

As for the other thread, pay particular attention to the first two pages which deal with those myths and the self-talk that goes with them. The bickering later is mostly about semantics.

Most people find that once they get the process started and the school can understand WHY a 504 is best for everyone, it is pretty easy going. The horror stories are when people end up needing a lot of help/support when it goes wrong. [i]This is RARE.[/i] Really.

Hi,
At first I had a lot of trouble with my sons school. But because of my asking for a 504, they have decided to do a 504 for EVERY child in his school that has a FA that requires an epi-pen. They agree that it helps to maintain standards and protects for the kids day after day and year after year.

Trish

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[This message has been edited by NicoleinNH (edited June 09, 2007).]

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[This message has been edited by NicoleinNH (edited June 09, 2007).]

Yes, that is what I mean...I do not know anyone locally that has gotten a 504 and the school says they've had many kids with MFA and no one has ever requested 504.

I have already been thru being alienated because of food allergies, and it is something I never want to go thru again. That is why I am being very careful and taking it year by year. I *would* prefer a 504, but I think in K the precautions in the classroom (half day K) are going to be acceptable. I guess I'm thinking now about first grade and beyond, and how to win this principal over that there is nothing wrong with getting a 504 in place for food allergies.

If there were documentation available of how many kids have 504's for Food allergies, that would be helpful. This principal -- though he is very nice and good at his job otherwise -- does not seem to understand that there is legal and procedural precedent for 504/FA...and that kids ARE getting them all over the country. I see that here, but I am wondering how to get him the information, concisely and persuasively.

Thanks again!!

[This message has been edited by TwokidsNJ (edited August 26, 2006).]

Print out a copy of the Mystic Valley case. see [url="http://uumor.pair.com/nutalle2/peanutallergy/Forum7/HTML/002164.html"]http://uumor.pair.com/nutalle2/peanutallergy/Forum7/HTML/002164.html[/url]

In this case, the student has a 504 for peanut allergy.

Also, the Saint Edward Elementary settlement letter shows that OCR considers PA a disability under section 504.

The La Petite Academy settlement shows that PA is considered a disability under the ADA.

Good luck! There are legal precedents on your side.

Cathy

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[This message has been edited by NicoleinNH (edited June 09, 2007).]

Thanks Nicole, good suggestions about 504 coordinator and getting things in writing. I appreciate that and any other procedural recommendations because I am not yet familiar dealing with the bureaucracy and politics of education.

Today I got something in the mail that said only the school nurse can administer medicines...great...wonder now if Epipen is an exception. I'm hoping to meet with the K teacher and school nurse this week and I want to go over all these questions but still have not heard when she can meet with me.

[This message has been edited by TwokidsNJ (edited August 26, 2006).]

[This message has been edited by TwokidsNJ (edited August 26, 2006).]