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Posted on: Wed, 02/01/2006 - 7:48am
bandbmom's picture
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Joined: 12/14/2005 - 09:00

Well, we had our first 504 meeting yesterday and thank goodness I got the great advice I did from some of the members on the board! But we are still having issues with the 504-C is pushing hard to get us to sign a consent to be able to contact the allergist and pediatrician in case she has questions. The consent gives permission to have access to all medical records. I talked to the allergist about this previously and he said I don't have to sign anything. He was just as uncomfortable with the idea of the consent as I was and felt they were up to no good. She is saying that they can't continue with the process of determining his eligibility until the consent is signed. I know this is a bunch of bologna and am trying very hard to find the appropriate defense to refuse signing it. Otherwise, the meeting went okay. She and the principal both attempted to discuss accommodations and I just told them I hadn't put much thought into that yet because I was focusing on the meeting we were currently having. I'm glad I was warned in advance not to discuss this with them until his designation is signed which, according to the coordinator, won't happen unless we sign the consent. I did consult an attorney and he said only give permission to call if we can be present for the phone call and limit access to his records only if it pertains to his allergy. I don't even want to do this because we have provided more than enough solid documentation from three doctors along with his skin test results. She was trying hard to find an excuse to give to call the doctor. She said she would need to call to confirm what it means to avoid tree nuts. She was really grasping at straws. I don't trust her one bit! She also told me at the end of the meeting (and I didn't pick up on this one but DH did) that I shouldn't email her because she gets 65 emails per day and it's too hard for her to answer all of them. She said it would be best for me to call her if I need to talk to her. DH said that she wants this so nothing is in writing. My thoughts on addressing the consent form is to write a letter to her saying that we've provided enough documentation to assist in evaluating his eligibility. Furthermore, I read over the district's evaluation procedures that the 504-C gave me yesterday. It states:
Evaluation: The school district will appoint persons to a 504 committee, which committee will include at least one person knowledgeable about the student, to evaluate the student and/or review and consider available diagnostic, medical and other pertinent evaluation information submitted by the parent(s)/guardian, adult student, and/or submitted by the school district's staff and the school district's designated non-employee evaluators.
The school district will invite the parents/guardian or adult student to be participants of the 504 committee and shall inform then by advance written notice of the dates and times of committee meetings.
The 504 committee in evaluating the student will draw upon information from a variety of sources including, but not limited to, parent/guardian or adult student input and recommendations, apititude and achievement tests, teacher recommendations, physical condition, social or cultural background and adaptive behavior. The 504 committee and school district appointed evaluators including nonemployee evaluators may administer tests and other evaluation materials to determine the nature and extent of the student's need for regular education with related aids or services or special education and related aids or services provided: 1) the tests and other evaluation materials have been validated for the specific purpose for which they are used and are administered by trained personnel in conformance with the instructions provided by their producer; 2) the tests and other evaluation material include those tailored to assess the specific areas of educational need and not merely those which are designed to provide a single general intelligence quotient; and 3) the tests are selected and administered so as best to ensure that wehn a test is administered to a student with impaired sensory, manual or speaking skills, the test results accurately reflect the student's aptitude or achievement level or whatever other factor the test purports to measure rather than reflecting the student's impaired sensory, manual or speaking skills.
Eligibility and Placment: The 504 committee will, considering all evaluation information and other input, determine whether the student is qualified and handicapped within the meaning of the federal law, board policy and this administrative procedure.
I don't see anywhere that is states that you MUST provide consent for medical records or to contact medical personnel.
I was told that maybe Gail W. could help. I do not want these people calling the doctor's and, in talking with the allergist, he doesn't want them calling either. The allergist said, they know he's allergic by the letter that he wrote to the principal and that's ALL they need to know! If you can help Gail (or anyone else), please let me know!
Thanks a bunch!
Tracy

Posted on: Wed, 02/01/2006 - 11:25am
anonymous's picture
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Joined: 05/28/2009 - 16:42

Hi Tracy,
I would simply ask her to provide where it states in the guidelines/policy that medical consent must be provided in order to proceed. They can only go by procedure, period. If she can't produce it, which she will not be able to, then I would tell her that as far as you can see, they are out of line making that statement. I would do so IN WRITING...
"Mrs. X, You stated in our last meeting that the medical consent form being signed is required before we can proceed with X's 504 designation. Since that is a requirement, I will need you to forward me a copy of the guidelines that state this. This will also help me to determine and provide other requests that will be necessary requirements in the near future avoiding further delays."
Since she doesn't "want" emails, I'd put it in an envelope and mail it to her certified mail, fax it, drop it off at her office and have whomever takes it sign stating that they recv'd it. I know how the school's email systems work and unless she has 65 personal emails, she isn't getting 65 emails a day for work related correspondence. They have tight security systems in school computers and I guarantee you it's not spam...it's exactly as your DH said, she doesn't want it in writing.
They are required by law to provide you with the guideline even if you don't request them - Gail W. or someone can probably give you the exact name of them.
Good luck and keep us posted.
Lana [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

Posted on: Wed, 02/01/2006 - 12:40pm
Gail W's picture
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Joined: 12/06/2001 - 09:00

Hi Tracy,
You were prepared for what they threw at you. Good job! I'm sure it was hard feeling pressured to sign the consent, but you stood your ground. [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img] I'm sure the 504-C respects you for that.
You were right to decline and process the information she told you in the meeting. If her objective is to learn more information from your allergist that will help the SD determine appropriate [i]accommodations[/i], such as "avoiding nuts", then that can be discussed during the accommodation phase. This has nothing to do with the eligibility for a designation.
LOL! No written correspondence. Ya, right. [img]http://uumor.pair.com/nutalle2/peanutallergy/rolleyes.gif[/img] Like you're going to fall for that! Just ignore that, make up an excuse (work/kids/blah-blah) to continue e-mailing her, and keep everything in writing. Document, document, document.
I need to think about this more, and I hope others chime in, but since you and your allergist seem to be on the same page that the 504-C is sniffing arond, I wonder if you and he can agree on a strategy whereby you let the allergist take the blame. This is sorta what you already talked to him about, so it isn't much of a stretch. I know this is a bit manipulative, and I haven't thought thorough the cons of not being completely forthright with your SD. But clearly [i]they [/i]aren't playing by the rules. So I'm wondering if you could give yourself an out here.....
[i]What if [/i]you e-mail the 504-C and say something like:
[i]Dear Ms./Dr. 504-C,
We spoke with Dr. X requesting that he speak to you regarding (child's) life-threatening food allergies. We told Dr. X that the X School District requires the 504-C to speak directly with the child's physician for the 504 eligibility process to continue. Dr. X didn't understand that, and stated that he doesn't think this is necessary since he has already provided the school district with a letter (dated x/x/06). We are requesting that (child) receive protection under Section 504, and want to cooperate fully with X School District by providing you with all the required documentation. We feel 'stuck in the middle'. We looked at the material you provided us at our meeting to find a statement to this effect that we could forward to Dr. X. We were unable to find anything that states that the X School District requires the 504 Coordinator to speak directly with the student's physician. Would you kindly provide us with a copy of the policy which states that the parent is required to sign a consent authorizing the SD to speak with the child's physician? and that the student's physician must speak to the X School District's 504-Coordinator for the 504 process to proceed?[/i]
Still thinking tactically how that would play out...
What do you think?
[This message has been edited by Gail W (edited February 01, 2006).]

Posted on: Wed, 02/01/2006 - 12:42pm
Momcat's picture
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Joined: 03/15/2005 - 09:00

You can also tell the 504 coordinator that if she has specific questions that need to be answered by the doctor she can put them in writing and give them to you and you will obtain the needed information from the doctor.
Cathy
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Mom to 6 1/2 yr old PA/TNA daughter and 3 yr old son who is allergic to eggs.

Posted on: Wed, 02/01/2006 - 1:42pm
Gail W's picture
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Joined: 12/06/2001 - 09:00

Quote:Originally posted by bandbmom:
[b] She is saying that they can't continue with the process of determining his eligibility until the consent is signed. [/b]
I'm curious to see what OCR would have to say... It will take a couple weeks to get a response from them, and after you get it you can decide if you want to share it with your 504-C or not.
You could go to their website and ask them something like:
[i]I am the parent of a x-year old child with life-threatening anaphylactic allergies to nuts. I have formally requested that my child receive a Section 504 Designation. At an informational meeting held on 1/31/06, the School District's 504 Coordinator stated that we must sign a consent authorizing the School District to speak directly to my child's allergist. She stated that the School District cannot consider my child for a Section 504 Designation unless we sign a consent authorizing the School District to speak directly to our child's physician.
Here is a copy of the consent form that the School District requiring us to sign: (copy)
Our allergist has already written a letter to the School District regarding our child's medical condition. We therefor believe we have already provided the School District with the necessary medical documentation. Is it true that the School District can require us to sign this consent before our child can be considered for a Section 504 Designation ? [/i]
It might be nice to have something from OCR in writing in case you need it....

Posted on: Wed, 02/01/2006 - 10:41pm
synthia's picture
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Joined: 10/05/2002 - 09:00

[b]Is it true that the School District can require us to sign this consent before our child can be considered for a Section 504 Designation ?[/b]
I don't think so!
Anyone else?
------------------
Love this site
Synthia
[b]They have tight security systems in school computers and I guarantee you it's not spam...it's exactly as your DH said, she doesn't want it in writing. [/b] I agree!!
Some more advice....
After you have sent this in writing *I* would follow-up 24 hrs later with a call to the person( school or district) asking theses ?'s,If they have received the e-mail you sent and the letters you mailed or *hand droped off.Do all *three* Mail,call,hand drop.
Hi cam's mom
[b]I don't see anywhere that is states that you MUST provide consent for medical records or to contact medical personnel.[/b]
Because it is *NOT* there DYKWIM?
[This message has been edited by synthia (edited February 02, 2006).]

Posted on: Wed, 02/01/2006 - 10:49pm
Gail W's picture
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Joined: 12/06/2001 - 09:00

Quote:Originally posted by synthia:
[b]I don't think so![/b]
No, of course not. Maybe the 504-C realizes that now. Maybe she doesn't really know this because this is the way the SD has always done it before.
But whicheve, the 504-C will surely realize the SD cannot "require" this when she can't produce policy that supports this assertion, OR when Tracy can show her authoritative "proof" from OCR.

Posted on: Wed, 02/01/2006 - 10:53pm
synthia's picture
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Joined: 10/05/2002 - 09:00

Tracy a ?.
What is the wording on the consent form?
Hi ya Gail good to read your post's!! [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]
------------------
Love this site
Synthia

Posted on: Thu, 02/02/2006 - 2:54am
Gail W's picture
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Joined: 12/06/2001 - 09:00

Tracy, have you read this recent thread by hblmom?
[url="http://uumor.pair.com/nutalle2/peanutallergy/Forum7/HTML/002184.html"]http://uumor.pair.com/nutalle2/peanutallergy/Forum7/HTML/002184.html[/url]

Posted on: Thu, 02/02/2006 - 3:10am
qdebbie1's picture
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Joined: 02/10/2005 - 09:00

I agree.
Have them put thier additonal requests in writing to your dr's and go from there.
They are definatley up to something.
You are doing great..stay stong and keep it up.

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