Why NOT obtaining Section 504 for your child is a DISSERVICE to your child... Page 8

506 replies [Last post]
By MommaBear on Thu, 07-13-06, 16:02

Quote:Originally posted by TeddyAlly:
[b]{Ignoring MB's Comments as she just doesnt get it and wants to argue with Everyone}[/b]

let me guess. Are you trying to be childish?

Quote:[b]What info is most important when you present 504 to allergist? [/b]

It might be the other way around. I mean, what info is most important from the allergist for the 504 designation. Cart, horse. No advice, but Rhonda posted some great stuff in this thread:

[url="http://uumor.pair.com/nutalle2/peanutallergy/Forum7/HTML/001477.html"]http://uumor.pair.com/nutalle2/peanutallergy/Forum7/HTML/001477.html[/url]

It's a long read but there are some gems in there.

[/B][/quote]

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By Momcat on Thu, 07-13-06, 16:11

I think step one is for you to carefully read the text of Section 504 Subparts A & D. [url="http://www.ed.gov/policy/rights/reg/ocr/edlite-34cfr104.html"]http://www.ed.gov/policy/rights/reg/ocr/edlite-34cfr104.html[/url] Make sure you really understand how and why your child qualifies for 504. Otherwise, when the doctor, school nurse or whomever you approach questions the designation, you will not have a clear reply.

Cathy

[This message has been edited by Momcat (edited July 13, 2006).]

[This message has been edited by Momcat (edited July 13, 2006).]

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By MommaBear on Thu, 07-13-06, 16:12

Quote:Originally posted by Carefulmom:
[b]Shoshana, I definitely was not referring to you. In every thread I have ever seen on this board that has gone bad/destructive/rude/argumentative/nasty, there is one user who is always there. And it isn`t you.[/b]

every thread? one user? Hmmmmmmm. selective reading list. That poster should be flattered. [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img]

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By MommaBear on Thu, 07-13-06, 16:14

oh, and TeddyAlly, no advice, definitely not, but my child doesn't have an "Allergist". His family practice pediatrician provided an *excellent* letter. Again, no advice, I might have just lucked out. Easy road, something like that. KWIM?

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By Carefulmom on Thu, 07-13-06, 16:36

Quote:Originally posted by Corvallis Mom:
[b]This is certainly true. (shrug)

I would also argue, however, that it never hurts anything if your physician gives you a real winner of a letter-- even if something less would have been adequate. [img]http://uumor.pair.com/nutalle2/peanutallergy/wink.gif[/img]

[/b]

A really good letter would be good to have even if you don`t need it, but I`m not so sure I would be giving the allergist info from OCR, on 504s, etc unless for some reason he is clueless. I tended to save up the allergist favors for those unexpected times when it is really necessary. For example, when the 4th grade teacher violated the 504 and let a child eat pb at dd`s desk while she sat outside. The allergist wrote a flaming letter for that, and I really needed it. I guess my point is a 504 is enough work anyhow. I don`t think I`d be trying make the allergist an expert on the law. He should already know that by law the school has to accomodate the pa. I still vote for calling Rhonda and seeing what step she says you should take first. She is truly the expert.

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By MommaBear on Thu, 07-13-06, 16:46

Quote:Originally posted by Carefulmom:
[b] I don`t think I`d be trying make the allergist an expert on the law. He should already know that by law the school has to accomodate the pa. [/b]

Personally? and I could be wrong, but I don't feel the allergist, physician, whatever needs to be an expert on the law. Just that they are able to accurately present what circumstances a particular condition demands, and provide an accurate diagnosis/and or treatment/remedy. That is their role.

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By Momcat on Thu, 07-13-06, 16:48

Quote:Originally posted by Carefulmom:
[b] He should already know that by law the school has to accomodate the pa.[/b]

I think you are making a big assumption here.

But here's how I would start with the allergist: before you even mention 504, or the word "accommodations", discuss what the doctor's orders will be with respect to treating and *preventing* reactions. Ask the doctor what needs to be done to keep your child safe at school--should classmates wipe their hands after eating? Should the room be "peanut free"? Does the epipen need to be in the room with your child? Does your child need to be supervised by a trained adult at all times? Does your child need a peanut free lunch table?

After you know specifically what needs to be done, you can address how to get the needed accommodations. That is the time to discuss 504 with the doctor.

Cathy

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By Gail W on Thu, 07-13-06, 16:49

Quote:Originally posted by gvmom:
[b]Gail, while I don't know all the ins and outs of what you have gone through, the point is you have gone back to it. You chose not to fight at one time, for the reasons I've stated. Did you know about them before you chose to initiate the 504 process that led you to leave, or did you find out during? Do you think that going back to the process was easier the 2nd time because you had an idea of what you would be facing? If you had been warned, told of the possibilities the first time (if you were unaware going into it), do you think you would have walked away, or walked away at the same point, or would it have taken more to get you to the point of not fighting any more? [/b]

I'll try to answer these questions as best I can.

Quote:Originally posted by gvmom:
[b]Gail, while I don't know all the ins and outs of what you have gone through, the point is you have gone back to it. You chose not to fight at one time, for the reasons I've stated. Did you know about them before you chose to initiate the 504 process that led you to leave, or did you find out during? [/b]

Yes, I guess I could say that I knew about them in theory, but that didn't really prepare me until I was in the midst of it all several years later. Like you, I'd get some comments, 'fishing expeditions', vibes. I was outright told by SD administrators (including the then Superintendent) that "we don't do 504s" and that DD "would not qualify anyway since learning wasn't involved". At that time, our SD had never done a 504 for anything, let alone PA. Like you, we were the first, and my SD wasn't familiar (misinformed actually) about 504s. I feared that the school would relaliate, and that ultimately my DD could be [i]harmed[/i] if we proceeded~ things like backlash, resentment, retaliation, ill will. In fact, I think this [i]did[/i] occur when the SD dragged their feet evaluating DD's LD. I felt they held us hostage in a way, because I needed them to keep her safe. I'm sure you understand or have also been there.

My thinking in those early years was that if my DD was safe, I didn't really care what wrapping the plan came packaged in: IHP, 504, IEP, or even letters of understanding. What I didn't understand then was that the school would keep her safe by denying her right to LRE. . . they would "segregate" her to keep her safe. And that without the protections of a 504 (or IEP), that I had very little recourse.

Quote:Originally posted by gvmom:
[b]Do you think that going back to the process was easier the 2nd time because you had an idea of what you would be facing? [/b]

Sure, but more importantly, I think it was 'easier' only because I was motivated by seeing the negative ramifications of her not having the designation. That motivated me to learn about her rights and overcome my own fears about what I had to do in order to secure them. It took me too long to accept the fact that it was my duty, as a parent, to assure this designation for DD. . . no matter what obstacles the school put forth. I had to overcome my *own* issues that professionals in our SD did not understand 504, didn't do their jobs, and didn't always do the "right" thing. I had a hard time getting my head around that, and resented that I what was necessary was for me, in essence, show them what their job is and insist that they do it.

It was 'easier' because as I saw the consequences of her not having the designation. . . I saw my child hurting [i]emotionally[/i]. . . and as I could see this hurt, my resolve and strength to 'fight' grew.

Quote:Originally posted by gvmom:
[b]If you had been warned, told of the possibilities the first time (if you were unaware going into it), do you think you would have walked away, or walked away at the same point, or would it have taken more to get you to the point of not fighting any more? [/b]

I very much regret not fighting for Mariah's rights the first 'round' because as a result, seen only in hindsight, she suffered because of it. I'm not sure we would have "won" that first time, and where we would have ended up as a result of losing. Hard to say. Maybe it was better to have waited for factors to change, as they did, increasing our chances for the outcome we schieved. <> I don't know.

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By TeddyAlly on Thu, 07-13-06, 16:56

Quote:Originally posted by MommaBear:
[b]oh, and TeddyAlly, no advice, definitely not, but my child doesn't have an "Allergist". His family practice pediatrician provided an *excellent* letter. Again, no advice, I might have just lucked out. Easy road, something like that. KWIM?[/b]

Well, my child has both a wonderful ped and a great allergist...guess you are not the only lucky one

------------------
Helen
Mom to Alyssa (PA, age 6)
Mom to Theodore (age 3)

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Ally (nickname )
DD (PA & TNA, age 8)
DS (age 5)

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By Gail W on Thu, 07-13-06, 16:57

Quote:Originally posted by Momcat:
[b] I think you are making a big assumption here.

But here's how I would start with the allergist: before you even mention 504, or the word "accommodations", discuss what the doctor's orders will be with respect to treating and *preventing* reactions. Ask the doctor what needs to be done to keep your child safe at school--should classmates wipe their hands after eating? Should the room be "peanut free"? Does the epipen need to be in the room with your child? Does your child need to be supervised by a trained adult at all times? Does your child need a peanut free lunch table?

After you know specifically what needs to be done, you can address how to get the needed accommodations. That is the time to discuss 504 with the doctor.

Cathy[/b]

I agree. From what I've read here, most physicians are unfamiliar with 504. I think it would be unusual for your allergist to be knowledgeable about 504. Most likely, you'll be the one educating him/her (or perhaps another parent may already have).

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By TeddyAlly on Thu, 07-13-06, 17:01

Quote:Originally posted by MommaBear:

Yes, I am being just as childish as you are!

Thanks for the link though...all I am asking for is a little assistance (never expected to get attitude from my past posts or for asking questions.)

------------------
Helen
Mom to Alyssa (PA, age 6)
Mom to Theodore (age 3)

__________________

Ally (nickname )
DD (PA & TNA, age 8)
DS (age 5)

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By Gail W on Thu, 07-13-06, 17:06

Quote:Originally posted by Momcat:
[b]I think step one is for you to carefully read the text of Section 504 Subparts A & D. [url="http://www.ed.gov/policy/rights/reg/ocr/edlite-34cfr104.html"]http://www.ed.gov/policy/rights/reg/ocr/edlite-34cfr104.html[/url] Make sure you really understand how and why your child qualifies for 504. Otherwise, when the doctor, school nurse or whomever you approach questions the designation, you will not have a clear reply.

Cathy[/b]

Also seconding this advice. Do lots of homework. I think you need to read, read, read first (including both of Rhonda's websites).

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By Carefulmom on Thu, 07-13-06, 17:48

I`m not sure my allergist even knows what a 504 is, but like someone else posted, all he really needs to know is that by law the school has to accomodate the pa. I don`t care if he knows the name of the law or not. His role is really to determine what accomodations are necessary. I don`t care if he knows the name of the law that requires it, but I do care that he is clear about what accomodations are necessary. Only if he was under the delusion that the school doesn`t have to accomodate pa, would I feel a need to educate the allergist about the law (and actually I might change allergists if that happened). I just expect our allergist to give medical advice, not legal advice.

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By Gail W on Thu, 07-13-06, 18:29

Our experience was polar opposite from Carefulmom's.

In my situation, my allergist's knowledge about 504 was critical. He had already provided the SD with 3 letters about necessary accommodations for DD. When we formally requested the 504 designation, his letter stating that he was knowledgeable about 504 and his statement expressly stating that DD qualified for 504 were the most powerful 'data' considered in the evaluation process.

Would we have obtained the designation without that letter? I don't know. Probably. It would have taken more 'data' from other 'sources'. But I do know that having him state the words he did ended the debate. . . (as well as the prior discussions about "mitigating measures" and the meaning of 'significantly impacted'. )

[This message has been edited by Gail W (edited July 13, 2006).]

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By MommaBear on Thu, 07-13-06, 19:48

My pediatrician provided things in his letter like......oh, it's in the link. But hey, for instance he advised that my cubs learning environment be free of peanuts, treenuts, or lentils. [i]Even in trace amounts[/i]. It wasn't his job to determine how this was done, ie: accommodations, just to state what the circumstance *should* be.

The IEP team, us included determined (compromised?) that this [i]learning environment[/i] be several *key* areas. As an incident where other environments where these substances might occur could effectively be called [i]an Act of God[/i]. I'd venture to say *my* cub is probably safer at school than he is in a restaurant or at the mall or the grocery store. Unless, of course, he is with me. [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img] Anywhere, with me. That's the way it should be. I am his safest bet, and I'm no betting woman. That said, I think it would not be in his best interest that I attend school with him. [img]http://uumor.pair.com/nutalle2/peanutallergy/tongue.gif[/img]

No advice, but only personally speaking in my own individual situation, I accept the idea that this is achieved through actively and passively restricting items that do or [i]May Contain[/i] peanuts, treenuts, or lentils, even in trace amounts, from his classroom(s) or other areas where a learning activity is planned. Possibly through implementing a [i]food free[/i] classroom next year. I mean, I don't expect a lead team to dash in and microscopically examine each and every aspect of the room.

No advice, just me and a specific instance.

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By Corvallis Mom on Thu, 07-13-06, 20:15

Quote:Originally posted by Gail W:
[b]

In my situation, my allergist's knowledge about 504 was critical. He had already provided the SD with 3 letters about necessary accommodations for DD. When we formally requested the 504 designation, his letter stating that he was knowledgeable about 504 and his statement expressly stating that DD qualified for 504 were the most powerful 'data' considered in the evaluation process.

Would we have obtained the designation without that letter? I don't know. Probably. It would have taken more 'data' from other 'sources'. But I do know that having him state the words he did ended the debate. . . (as well as the prior discussions about "mitigating measures" and the meaning of 'significantly impacted'. )

[This message has been edited by Gail W (edited July 13, 2006).][/b]

I agree. As it turned out, my allergist was VERY well-versed. He fully appreciated the need to use very specific language in that letter, but if he hadn't, the few pages of information I provided him from OCR and AAFA (and I can't recommend that particular page and a half enough) would have spelled it out. Not much legalese-- just how it was relevant.

A good letter will slam doors shut on certain "questions" about eligibility and severity/sensitivity. I think that is [i]exactly[/i] the time to call in a favor. For specifics on how to actually manage the allergy-- is the allergist really an expert there anyway? I would argue not necessarily, since they may not know details of how the school ordinarily operates.

And educating an allergist about 504 protections is just plain socially responsible. JMO.

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By Nutternomore on Thu, 08-10-06, 05:18

bumping up...

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By ryan's mom on Thu, 08-24-06, 11:32

Reraising. IMO, this is one of the most informative, enlightening, and important threads under the Schools board. A must-read for parents with children entering the public school system.

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By Carefulmom on Tue, 10-03-06, 21:22

Re-raising for Kaitlin`s Mom.

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By proudmomof2 on Mon, 10-16-06, 04:50

Ryansmom,

Hello. You had mentioned that if one doesn't have a 504, they aren't protected and have no rights. I thought the 504 was a signed plan but that all people with disabilities, FA being one of them, are protected under the Disabilities Act, section 504 whether or not you have an actual 504 plan. Am I wrong?

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By Momcat on Mon, 10-16-06, 05:40

I believe that one is protected under Section 504 of the Rehabilitation Act of 1973 if one is recognized as being disabled under the definition set forth in the law. The problem is that each person must be evaluated separately to determine if they are disabled and thus eligible for protection. The law contains no list of "eligible conditions". If one is deemed disabled, then it is decided if accommodations are required. In the case of schools, these must become part of a "504 Plan". However, the law does not require that this be a written document.

The Americans with Disabilities Act is a separate law which was passed later and has a more specific definition of what it means for a person to have a "substantial limitation" of a major life activity. It also has a broader scope and applies not only to entities receiving government funding, but also to privately owned "public accommodations" i.e. businesses that serve the general public.

Cathy

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By Corvallis Mom on Mon, 10-23-06, 23:35

Bumping up.

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By ryan's mom on Tue, 10-24-06, 19:11

Okay, let me put it this way. There are LOTS of kids with peanut allergies. IMO, most are not covered under a 504, just erbal agreements of how a peanut allergy should be managed, maybe a Food Allergy Action Plan if a reaction occurs.

A peanut allergy has to be documented as "life threatening" (by a doctor) in order to be covered under the 504. It is not automatic for everyone. (This was explained to me further in a lengthy discussion with our former Director of Special Education.) There are SO many parents who have mentioned, "Oh, my child is not as severe as Ryan..." Fine. They can say that, although it is not proven IMO. There are many parents that do not consider their child's peanut allergy as life threatening and don't treat it as such--for those children, I deeply worry. They don't have a formal management plan (re: 504) with the school. Some don't have epipens at school too. There are no written precautions. There is a definite grey area as to whether or not they have a true disability which would be covered under the law. Heck, some parents don't even want the school to know!

Looking at our school's handbook, there is a section on how the school deals with harrassment because of a disability. This is probably the single biggest issue (right after his own safety) as to why I want a 504. I want, no, make that NEED that protection for him. This has never needed to be addressed, but you never know. Ryan has a *documented* peanut allergy and a legal document (504) to go along with it. It secures for him a safe, comprehensive management plan from the minute he steps on the bus, to the moment he steps off. It specifically spells out my responsibilities, Ryan's responsibilities, and the school's responsibilities. Very little room for questioning. And because of that legal documentation and documented disability, he has specific rights under the law.

My perspective also stems from my career in Education, especially working with lots of kids in my regular classes that fell under the Special Ed classification. Therefore, I do not view labeling as negative, more as positive. Specific groups of students are guaranteed certain rights under the law. Ryan is one of them because of his PA, and I would not let him enter public school without securing those rights for him.

Just my perspective on this.

ETA--further complicating matters is how some doctor's don't even treat PA as a serious disability, so how are parents and school supposed to know? How many times have members here been told by doctors, "Well, just avoid peanuts..." No epipen prescribed either. Just adds fuel to the fiery debate.

[This message has been edited by ryan's mom (edited October 24, 2006).]

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By ryan's mom on Wed, 10-25-06, 10:22

After thinking about this further, I will pose a legal question (I'm no lawyer) and will ask this:

If a parent tells the school administrator, my child has a peanut allergy but knows what to eat and not to eat, does not provide an epi, and has a reaction at school, who is to be held accountable? Assuming no 504 was drawn up, there are no doctors signing off on this, who is the responsible (or irresponsible) party in this? Just questions to throw out there.

How can a school district be held accountable when no formal documentation was ever in place to begin with? Exactly what is their responsbility to an undocumented peanut allergy.

You'd be amazed at what some of us hear. I remember hearing about the one parent that said, "Oh, he/she can touch peanuts--it's not that bad..." So if that child has a reaction at school, who is at fault?

[This message has been edited by ryan's mom (edited October 25, 2006).]

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By Gail W on Wed, 10-25-06, 17:13

ryan's mom! We are on the same page!

Quote:Originally posted by ryan's mom:
[b]If a parent tells the school administrator, my child has a peanut allergy but knows what to eat and not to eat, does not provide an epi, and has a reaction at school, who is to be held accountable? Assuming no 504 was drawn up, there are no doctors signing off on this, who is the responsible (or irresponsible) party in this? [/b]

I have wondered this too!!!!

Or what if the child DOES have a rx for epi, but the parent does not pursue the 504. Does the school have an [i]obligation[/i] to obtain information from the family about the child's medical needs? Especially if, as is the case with my and your school, the SD has already provided a 504 designation/plan for a child with life-threatening PA. They are 'aware' of what the appropriate course of action [i]should[/i] be. . . that being that a child with a doctor's diagnosis of LTFA qualifies under 504. I mean, shouldn't school boards [i]mandate[/i] that if a parent notifies the school that their child has PA, that the child should automatically be evaluated. Don't they have the [i]obligation[/i] to evaluate the child for a 504 designation?

I know there have been parents who have objected to the school requesting medical information from them for fear that it will be twisted to [i]disqualify[/i] their child. But what about the opposite? for the child with LTFAs whose parent hasn't pursued a 504 for their child. . . is the school [i]obligated [/i]to propose an evaluation ?

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By MommaBear on Wed, 10-25-06, 17:48

Quote:Originally posted by Gail W:
[b]

I have wondered this too!!!!

[/b]

[i]I've wondered it in several threads here.[/i] [img]http://uumor.pair.com/nutalle2/peanutallergy/cool.gif[/img]

Those I have been charged with to safeguard cannot absolve me of my legal and ethical obligations. (Neither can my employer). But what I was talking about. IE: My Nurse Practice Act. My Standard of Care. My Safe Practice. What another reasonable and prudent nurse with similiar experience and training might do. Period. But, then again, I'm a nurse. Your talking schools. A charge/patient can refuse treatment, if they are of sound mind and body, but then there comes a point where informed consent is necessary, possibly involving other specialties, and where an individual might be seen as "leaving against medical advise". Eloping. [i]Discharged[/i]. Can't have your cake and eat it too. Especially when there are well documented recipes to the contrary.

But I might be wrong. No advice.

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By ryan's mom on Wed, 10-25-06, 18:33

In our school, since Ryan has been enrolled and has the first 504 for a food allergy, there is new paperwork. Our school has a form that asks if the child has been tested. What type of test and when. Has the child had any reactions--state symptoms. Then a plan for a reaction.

Just basic stuff, but I think it potentially absolves them from a certain degree of negligence. It forces the parents to address the food allergy as they "see fit". The allergy *will* be treated. What's missing is the *plan*. The how-to-avoid-the-reaction in the first place.

There is much missing on paper when a child does not have a 504. And I worry that lack of any formal paperwork can actually be used AGAINST a parent. Can a school district counter-argue (thinking of a lawsuit) that the parent was actually negligent? I'll play devil's advocate. There are so many "hazy" circumstances I've come across, that I feel I could supply multiple legal arguments to a defense attorney as to why a school should NOT be held responsible/accountable. And that is a very scary thought to me. Yep, very scary, and it doesn't bode well for every kid that has a peanut/food allergy.

MB and Gail, these are some real questions, aren't they? Sometimes I'm scared to think of what the answers could be for so many people that are just going with the flow--don't want to pursue anything either due to ignorance or to "upset" the relationship they currently have with their schools.

[This message has been edited by ryan's mom (edited October 25, 2006).]

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By Gail W on Wed, 10-25-06, 18:37

Quote:Originally posted by MommaBear:
[b] [i]I've wondered it in several threads here.[/i] [img]http://uumor.pair.com/nutalle2/peanutallergy/cool.gif[/img][/b]

Don't I know it. [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img] Your persistence on this subject here is [i]the[/i] reason that I've come to understand/realize the school's [i]obligation.[/i]

Thank you again. [i]. . .bowing head and passing a velvet hammer to you in reverence. . .[/i]

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By Gail W on Wed, 10-25-06, 18:50

Quote:Originally posted by ryan's mom:
[b]There is much missing on paper when a child does not have a 504. And I worry that lack of any formal paperwork can actually be used AGAINST a parent. Can a school district counter-argue (thinking of a lawsuit) that the parent was actually negligent? . . .

MB and Gail, these are some real questions, aren't they? Sometimes I'm scared to think of what the answers could be for so many people that are just going with the flow--don't want to pursue anything either due to ignorance or to "upset" the relationship they currently have with their schools.[/b]

Completely agree. Yes, I think these are very real and scary questions.

ryan's mom, do you think schools that have staff RN's are in a more difficult position plead 'ignorance'? regardless of any negligence on the part of a parent?

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By ryan's mom on Wed, 10-25-06, 21:00

Gail,

Now that is another really interesting (and difficult to answer) question because, just like doctors, there are nurses that are very up to date with peanut allergy information, while others seem far less knowledgeable that we (PA parents) are.

Our nurse at Ryan's school shocked me in how much she really got it when she said, "That epipen only buys you time." She is so right. It is not a cure or once-you-give-the-shot-the-reaction-will-stop type of thing. She was my back-up at the school when everything was being discussed and very supportive. But the impetus behind everything was me.

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By ajas_folks on Tue, 11-28-06, 02:42

Re-raising for some new folks posting tonite!
~Elizabeth

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By got epi's on Tue, 12-05-06, 15:46

Gail,

I need your help, my son is PA and tree nut allergic and is in the first grade. He currently has an IHP, but of course I tried for the 504 before he started Kindergarten and was denied.At this point, I don't even know if I had a formal review but thats another story. Anyway, his IHP states that I am to attend field trips but his first trip is coming up and I was not chosen. WE have a new principal, believe it or not with a small child with a nut allergy who does not believe I should be entitled to attend each field trip. I don't know if someone complained but whatever the case may be I am trying hard to get what is in my IHP. However, this and other incidences has made me see how important a 504 is even though the Director of Student Services keeps asking me what do you think you will get with a 504 that you don't already have with an IHP? My answer to him is if there is no difference then why are you so opposed me getting the 504??? No answer...just your basic politically correct responses...go to the board of ed, you are requesting policy changes , blah ,blah blah....I am not going to give up...but I was reading your thread and it seems like you are very knowledgeable and I need help. Do I need to contact OCR (Office of Civil Rights?? Do I need an attorney or some kind of child advocate to speak on my son's behalf since I tend to get emotional.

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By Gail W on Tue, 12-05-06, 16:43

got epi's,

I'll try to help you. Would you please start a new thread in the Schools board? Include as much information as possible (can you post/transcribe your IHP and who signed it). That way others will also see your request for help and reply.

Gail

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By ryan's mom on Wed, 12-06-06, 11:11

got epi's,

I would be fuming if I was in your situation, and things take a lot of time to get rolling in school districts. At this point, in the absence of a 504, I would write a letter to the principal w/ a few key points:

A. I *must* attend every field trip because I carry emergency medication which must be administered immediately if a reaction occurs.

B. Or...the nurse must go in my place (if teachers/support staff are going along and are "not required" to administer medicine. Also, these people must know my child's medical history and signs of a reaction.

C. My child will not go and the school will provide an adequate learning experience to match what is being learned/experienced on the field trip.

D. Future planning--my child will NOT be missing all field trips because of his food allergy (I love using the term "life threatening disability" in this case if your doctor has made that diagnosis) and be denied access to opportunities the other children are afforded because no one is properly trained AND willing to administer medicine. This is unacceptable.

I would put everything down on paper. Leave that trail because it forces answers and accountability. Let them know you expect a response.

What would they (the district) do for a diabetic? An asthmatic? Just points to ponder.

I would anticipate the principal will give you a hard time since he/she has a child with a nut allergy. And I would throw that phrase, "Oh...you're child must not be as allergic as mine--lucky child!" right back at them along with doctor references that your child's food allergy is life threatening and serious.

I'm hoping things turn out okay for your and your child on this field trip.

[This message has been edited by ryan's mom (edited December 06, 2006).]

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By Carefulmom on Fri, 12-08-06, 01:24

No advice, other than something someone on this board posted awhile back. It was the perfect response when she was told that her child did not need a 504. She said, "Needed or not, if he`s eligible, he`s eligible." I love that response.

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By gvmom on Fri, 12-15-06, 07:20

Re-raising for Chanda4.

__________________

[b]President
Club Jetsam
Member Since April 2007[/b]

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By lilpig99 on Sun, 12-17-06, 18:36

Why is NOT obtaining a 504 for your child a DISSERVICE to your child?

What if my child senses my lack of trust in her teacher to appropriately protect her without a 504 (as has been done for the third year), if my child senses even an minute level of worry due to poor handling of her allergy by staff, just how is this affecting HER sense of well-being-- in her [i]own[/i] mind, in her tender six year old mind, a child who [i]knows[/i] what it's like to have an anaphylactic reaction and NEVER wants to experience it again. Get a 504 for your child's psychological well-being as well.

__________________

Disclaimer I'm not offering advice. I don't guarantee the accuracy/content of any links provided.

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By ajas_folks on Mon, 02-05-07, 13:40

Re-raising this thread to complement others & for new members here.

------------------
~Eli[b]Z[/b]abeth,
Mother to 2:
DD age 5, NKA, treated as though PA/TNA
DS age 8, PA, possible TNA
(PA diagnosed & ana reaction 1999)
Member here since 2000

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[url="http//www.foodallergysupport.com"]http//www.foodallergysupport.com[/url] email me!
Posts NOT to be used by anyone w/o my written consent.

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By chanda4 on Mon, 02-12-07, 20:19

raising...

__________________

Chanda(mother of 4)
Sidney-8 1/2(beef and chocolate, grasses, molds, weeds, guinea pig, hamster & asthma)
Jake-6 1/2(peanut, all tree nuts, all seeds(sesame, sunflower, poppy, pine nut) beef, chicken, eggs, coconut, green beans/all beans, trees, grasses,

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By ajas_folks on Thu, 03-08-07, 22:14

Re-raising for Chanda, among others.

~Eliz

------------------
~Eli[b]Z[/b]abeth,
Mother to 2:
DD age 5, NKA, treated as though PA/TNA
DS age 8, PA, possible TNA, Latex, legumes?
(PA diagnosed & ana reaction 1999)
Member here since 2000

__________________

[url="http//www.foodallergysupport.com"]http//www.foodallergysupport.com[/url] email me!
Posts NOT to be used by anyone w/o my written consent.

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By chanda4 on Thu, 03-08-07, 22:21

Thansk for raising....I have read this thread many times...but it just hits hard when an allergist makes you question yourself. I will continue with the 504....I do think it is best [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

------------------
Chanda(mother of 4)
Sidney-8 (beef and chocolate, grasses, molds, weeds, guinea pig & asthma)
Jake-6 (peanut, all tree nuts, eggs, trees, grasses, weeds, molds, cats, dogs, guinea pig & eczema & asthma)
Carson-3 1/2 (milk, soy, egg, beef and pork, cats, dog, guinea pig and EE)
Savannah-1 (milk and egg)

__________________

Chanda(mother of 4)
Sidney-8 1/2(beef and chocolate, grasses, molds, weeds, guinea pig, hamster & asthma)
Jake-6 1/2(peanut, all tree nuts, all seeds(sesame, sunflower, poppy, pine nut) beef, chicken, eggs, coconut, green beans/all beans, trees, grasses,

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By lilpig99 on Tue, 04-03-07, 17:47

bump

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By ryan's mom on Wed, 04-11-07, 20:00

Bumping for Tracy.

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By paulette816 on Sat, 04-21-07, 22:51

Just a quick question...if you are providing everything that the parents request, why is there a need for a 504?

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By gvmom on Sat, 04-21-07, 23:36

[b]if you are providing everything that the parents request,[/b]

1) Because LTFA's are a hidden disability, and qualify for the designation.

2) Because having a written accommodation plan is a necessary part of ensuring clarity and enforcement of a child's rights.

3) Because the "YOU" of that statement above may change by way of illness, retirement, moving to another job, etc. -- and the next "YOU" may not provide everything the parents request as a means to ensure their child's safety.

__________________

[b]President
Club Jetsam
Member Since April 2007[/b]

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By Corvallis Mom on Sun, 04-22-07, 00:37

Quote:Originally posted by paulette816:
[b]Just a quick question...if you are providing everything that the parents request, why is there a need for a 504?[/b]

Some very compelling reasons are given in this thread as well:

[url="http://uumor.pair.com/nutalle2/peanutallergy/Forum7/HTML/002156.html"]http://uumor.pair.com/nutalle2/peanutallergy/Forum7/HTML/002156.html[/url]

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By paulette816 on Sun, 04-22-07, 01:09

I still don't get it...point 1 is negated because we recognize it as a disability without a 504 so what's to designate?

Point 2 The health plan we provide is customized to each student's needs per parent, allergist and school input. It is most definitely clear and most definetly enforced...no 504

Point 3 The "next you" is also a nonissue where I work because even without a 504, the school district goes on full alert, every t crossed every i dotted when a parent "announces" a child has some type of food allergy. Whether a person is sick or retires is of no consequence. The district is absolutely so concerned about child safety and parental repercussions that everything humanly possible is done in the school setting to accomodate said student. In fact, on another thread I posted a situation re: a parent saying her child was allergic to peanuts. When we asked her to supply allergist input it became...well I don't actually know if she has a p-nut issue. She's never had a reaction. Huh? She said... my husband has a PA and I'm just assuming that she has one as well. Guess what...we asked over and over again for something from the doctor and the entire school year went by with nothing. Do you think for a minute that our principal would say...forget it...no paperwork...no accomodations? Maybe with another health agenda but not this one. We followed a plan for her just like we did for other FA kids...including by the way....letters to parents re: snacks and parties...(no other allergy kids in that class.) Finally at the beginning of this year we got a letter from the Mom...oh well...I guess I was wrong after all. No PA. This did not sit well with those of us who took the time to implement a plan and were so vigilant all year. I know you will respond by saying we provided a safe atmosphere for the student that year but that is lost on me. I think that parent had an obligation and responsibility to provide us with the necessary documentation upfront. So in our case...a 504 would certainly be an answer for the SCHOOL in this situation because it makes the parent accountable for a claim they make. I've worked for 16 years in this school and this is the 3rd time a situation like this has occured.

As always...thanks for all the input.

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By Corvallis Mom on Sun, 04-22-07, 01:20

Quote:
So in our case...a 504 would certainly be an answer for the SCHOOL in this situation because it makes the parent accountable for a claim they make.\

Absolutely!!

(Which is addressed in the link I put in.)

The [i]process[/i] is designed to 'get at' what is needed for a particular [i]case[/i]-- and it may include considerations aside from those normally a part of an IHCP. For example, a child with impulse control problems cannot be handled the same way as one with excellent self-control. A child with social anxiety issues would be truly [i]harmed[/i] by isolation, even if he were kept "safe" while his classmates completed a lesson without him.

A 504 also addresses the parents' and students' responsibilities. For example, the student may be responsible for wearing his/her medications, not drinking from water fountains, and for telling about symptoms. A 504 plan makes that binding.

A parent may be obligated to check classroom supplies for the teacher-- this too is binding.

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By ryan's mom on Sun, 04-22-07, 01:33

Paulette,

The PA has to be documented by a medical doctor as a "life threatening" allergy. That is how one gets the "disability" designation. It is NOT an automatic disability. How many times have we heard, "Oh...my child is not as severe as yours..." Gee, what does that really mean anyway. Very confusing to all involved.

Don't take this the wrong way, but if you are asking that question, then I have to assume you haven't read this entire thread. There are VERY good reason why one should get protection under a 504. Not having one does not guarantee you anything. You have to read this entire thread from the beginning to understand why we have requested and received 504 accommodations for our children. It is SO important.

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By Peanut Militia on Sun, 04-22-07, 02:16

Paulete, Please extend a firm THANK YOU to your school--it is unfortunately one in a million. Another reason to obtain a 504 or IEP for your child is: If you move to one of the other 999,999 schools that do not go out of their way and do not try to keep an allergy child safe you are behind the curve. The 'other schools' point to the fact the previous school did not have a formal 504 plan. They do this regardless of what type of environment the previous school provided.

Again, on behalf of a mom who does have a child with LTFA---THANK YOU! Your efforts are appreciated and who knows, perhaps you saved one of the many undiagnosed children or trained a teacher whose spouse may be transfered to my kids school. I can only dream!!!!! Thank you!!

P.S. I dislike 'those' parents too, it also makes my job harder!!!!!

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