504 questions

Posted on: Fri, 05/02/2003 - 1:35am
momma2boys's picture
Joined: 03/14/2003 - 09:00

I know there are many threads on 504s but couldnt find one that matches, not sure if I searched correctly. I called to find out about a 504 and was told that it is ONLY for learning disabilities by two diff. people so Im waiting for the person in charge to call me back.

Now today I was in the school talking to the nurse and a couple teachers and the subject came up about training staff. She said there is no way to force them to be trained and it would be volunteer only and yes someone else would be trained but not necessarily his teacher!!!!!!!!!!

So I asked her if we get it in his 504 that staff is to be trained will it be mandatory? She didnt know. So if anyone knows how this works Id appreciate your help.

So my question is if I have the dr. write in the letter that staff is to be trained can it go in the 504 and will the school be forced to train them?

Thanks for your help.

Posted on: Fri, 05/02/2003 - 1:41am
Gail W's picture
Joined: 12/06/2001 - 09:00

I don't know if the teacher has the legal right or not to [i]refuse [/i]the training. That's a good question. I'm pretty sure tho that the teacher is protected (Good Sam law) if she [i]is trained [/i], however. Does that distinction make sense?
My nurse developed a training sheet that she uses for staff she trains. She uses it for all staff who supervise my daughter. I'll find it and bump it up.

Posted on: Fri, 05/02/2003 - 2:09am
mchammond's picture
Joined: 09/21/2000 - 09:00

I would assume some of the issues are state specific since education systems are controlled by each state.
I can tell you that Pennsylvania refers to the "504" as Chapter 15 plan. Also, during our recent meeting I learned that it is in our teachers contracts that they can not be forced to administer meds.
I also found out that as soon as I wrote to the school questioning if DS needed protection of 504, they had to start the formal process.
Hope this helps

Posted on: Fri, 05/02/2003 - 2:24am
Gail W's picture
Joined: 12/06/2001 - 09:00

Quote:Originally posted by mchammond:
[b]... during our recent meeting I learned that it is in our teachers contracts that they can not be forced to administer meds.
This is interesting. I wonder if that applies to emergency intervention. I mean, I wouldn't think they could seek legal protection for withholding life-saving measures. I'd be interested in see how their contract is worded.
This gets very legal very quickly, doesn't it?

Posted on: Fri, 05/02/2003 - 7:15am
momma2boys's picture
Joined: 03/14/2003 - 09:00

The more I think about this the more upset it makes me. I have been assured that they will make the school as safe as possible for my son. Well if his teacher or the lunch lady or whoever is with him does not know the symptoms of an anyphylactic reaction then how in the hell are they going to get an epi pen administered immediately?
As far as Im concerned then he is not safe. If his art teacher isnt trained he isnt safe. And of all people if the lunch people arent trained he is NOT safe.
I really am very angry right now that it involves so much frustration, so many months of work, and so much hassle for a peanut allergic kid to go to school and be safe.
I dont understand how a person can refuse this training and still say they are teaching because they love kids. bull****. If you are more concerned with covering your butt, or being too lazy or unconcerned then you shouldnt be teaching.
Anyways I dont know what our teachers contract states but I can easily find out and I will. So does anybody know anything about NY state law and 504?
Basically my feeling right now is that if the teachers refuse to be trained in how to save my childs life then quite honestly I dont want either one of my kids in that school. Period.
I do know that the person told me you have to be referred for a 504 and then they determine eligibility. So in other words good luck.
Thanks again for your help.

Posted on: Fri, 05/02/2003 - 7:38am
Gail W's picture
Joined: 12/06/2001 - 09:00

Remind me: have you made a written request that your child receive 504 status?
I know you're rightfully upset. I think it might be best to try to take this one step at a time. I'd bet that they, like most schools, don't know how to handle this. (I'm not excusing this, I'm just saying that they're probably inexperienced.)
If you've made a written request, that's great. The ball is rolling... slowly as it may be... but it's the first step to start the process.
Next, you need to get that all-important letter from your doctor, right? I know you're getting that lined up.
I know it may not be comforting to hear this, but it may be that you are the one who teaches your school how to do this. It's overwhelming to figure all this out, but you will. You are the one most motivated to make it happen.
Just take it one step at a time...
Have you written the letter requesting 504 status? If you haven't sent it, do you want to post it for feedback?

Posted on: Fri, 05/02/2003 - 9:38am
anonymous's picture
Joined: 05/28/2009 - 16:42

mchammond is right. The teachers have the right to refuse to administer meds (in our Pennsylvania district as well). On the other hand, the superintendent assured me that given a life or death situation, the staff is advised to save a child's life (re Good Samaritan Law). Also, whether or not your school has a full-time nurse should be considered. Someone has to be there to administer an epi. We're lucky to have a full-time school nurse and an assistant at our school.
About bus drivers--same thing. They don't have to administer meds, but are trained on how to use an epipen. Kind of like CPR, huh. If you know how to do it and don't in a crisis situation, you can be held liable for the consequences. I would imagine the same thing would happen for a school, but common sense should prevail according to our superintendent. Should a crisis occur (say on the bus), the driver would be advised to give the epipen.
[This message has been edited by ryan's mom (edited May 02, 2003).]

Posted on: Fri, 05/02/2003 - 10:43am
momma2boys's picture
Joined: 03/14/2003 - 09:00

Gail, first, no I havent written the letter yet. The nurse wasnt sure what I needed to do to get started, thats why she had me call. Obviously thats something I need to get started on. I wasnt sure if I was supposed to write it or if it should come from my dr.
I understand my school hasnt had to deal with this, as have I, so unfortunately no one is really sure what needs to be done. It really just is overwhelming to try and get all this done before school starts.
I have dealt with this spec. ed office before just for my older ds to get speech and it was a 2 month battle and endless phone calls so I cant imagine how this will be.

Posted on: Fri, 05/02/2003 - 10:48am
momma2boys's picture
Joined: 03/14/2003 - 09:00

ryansmom, hi, well we do have a full-time nurse but there are times she is out of the building and right now there are no substitute nurses in our district.
Isnt that nice that they [i]advise[/i] teachers to save a childs life?

Posted on: Fri, 05/02/2003 - 12:02pm
Gail W's picture
Joined: 12/06/2001 - 09:00

Quote:Originally posted by momma2boys:
[b]...no I havent written the letter yet. I wasnt sure if I was supposed to write it or if it should come from my dr.[/b]
Actually I think you'll need both.
I wouldn't wait any longer for your school to take the lead. It would be lovely if your school nurse of principal would move this along but it obviously isn't going to happen that way, right? That's okay. But the end of the school year is approaching, so time is a ticking. I think it would help you a lot if you got this off as soon as possible.
I bumped up Rhonda's sample letter called, "Our letter to our school district requesting protection under Section 504".
Using Rhonda's model letter, I bet you could get this done and in the mail by Monday. [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

Posted on: Fri, 05/02/2003 - 12:33pm
anonymous's picture
Joined: 05/28/2009 - 16:42

Hi Momma2boys,
You need to get that letter out ASAP. If its not in writing...it hasn't happened. Like Gail pointed out don't wait on the school, it'll get you no where fast! And YOU can make the referral. When you request a 504 designation, that is YOUR referral.
As for the teachers and training, yes it depends on state laws, but I also read somewhere that the teacher unions have a say in it also. BUT if thats the case and you actually do have a refusal, I'd request an aide to shadow my son all day as part of the 504. Some have this accomadation in place already and I know of several here in my state that actually have Certified Nursing Assts. and the schools pay for them.
Right now the most important thing is that you get that letter off. I sent mine to the District Special Ed. Director, she was our District 504 Coord., I also cc'd everything to the principal.
I also attached the Hidden Disability printout from the OCR's website that I suggested in your other thread, with the key points of allergy highlighted.
You are going to need the Dr's letter also, but at this point with time ticking, I would go ahead and get the ball rolling w/the school. When is your appt w/the new allergist?
Another suggestion that I think is imperative is that you spend some time reading the 504 law and Rhonda's site re:504's, b/c I'm telling you the school will not tell you all the facts, due to ignorance or just hoping you don't know yourself, its going to be the best investment of time you can make at this point.
Just an example of why I say the above: The school nurse told me that 504 plans are strictly for children that have schools w/out full time nurses...if I didn't know what I do of the law, I may have dropped it right there, which is what they are hoping for.
I sent you an email, but decided to post it here as well.
Lana [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]



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