When a School Refuses to Protect a Child w/ LFTAs: OCR Ruling

3 replies [Last post]
By McCobbre on Fri, 06-13-08, 16:40

If you are pursuing a 504, then there's something you should know about when going into it.

There is a really important OCR eligibility case for the LTFA community--for our children.This is a landmark moment for us in that OCR investigated a complaint against a school district because the SD said the a child with LFFAs (PA & TNA) was not diabled and did not qualify for a 504. The child had two letters from a doctor and reaction history. [b]OCR ruled that the SD discriminated against the student.[/b]

This link is to a blog entry about the case. There's a link to the Resolution letter in it--and no doubt a link to the main page at wrightslaw.com that mentions the case. But the blog is a great place to start.
[url="http://www.wrightslaw.com/blog/?p=58"]When a School Refuses to Protect a Child w/ LFTAs--OCR Ruling on 504 Ineligibility[/url]

This link provides a more general account. Scroll down to the fourth paragraph when you see Peanut Allergy.
[url="http://www.wrightslaw.com/info/sec504.index.htm"]http://www.wrightslaw.com/info/sec504.index.htm[/url]

And here's a link to the Closure/Resolution Letter:
[url="http://www.wrightslaw.com/law/504/OCR.va.peanut.pdf"]http://www.wrightslaw.com/law/504/OCR.va.peanut.pdf[/url]

BTW--the wrightslaw.com blog entry has a place for responses. It might be good for them to see how grateful we are for having these resources on their site. I know I've really used wrightslaw.com in the past two months preparing for our 504 meeting.

I am going to cross post this. I came here for the express (only) purpose of posting this important information.

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By Lori Jo on Sun, 06-15-08, 12:08

This ruling is especially critical for those families who have been told that an IHP is good enough/the same as a 504. The OCR took a very dim view of that statement, stating it was discriminatory to offer only the IHP when addressing LTFA's.

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By Momcat on Sun, 06-15-08, 20:17

Thanks for posting this, McCobbre! It's really helpful.

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By McCobbre on Fri, 09-05-08, 01:17

Bumping for y'all.

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