504 questions

Author:
Updated:
Original:

next year my son will start universal pre school, he will be going to pre k at the high school where they serve peanut butter products.... my question is.. can i get a 504 for pre school??? i feel like i shold do something because he needs to be in a peanut free classroom. plus he has a dairy allergy. i want something that would stop them from serving him food that i dont provide or ok... im totaly lost here and realy need some advice!

erin

On Sep 23, 2006

To answer your question regarding Preschool, I believe the answer is yes if the school receives federal funds. There is a wealth of information in the Schools category regarding 504 plans.

Here is an excerpt of the law:

104.31 Application of this subpart.

Subpart D applies to preschool, elementary, secondary, and adult education programs or activities that receive Federal financial assistance and to recipients that operate, or that receive Federal financial assistance for the operation of, such programs or activities.

104.38 Preschool and adult education.

A recipient to which this subpart applies that provides preschool education or day care or adult education may not, on the basis of handicap, exclude qualified handicapped persons and shall take into account the needs of such persons in determining the aid, benefits, or services to be provided.

Source: [url="http://www.ed.gov/policy/rights/reg/ocr/edlite-34cfr104.html"]http://www.ed.gov/policy/rights/reg/ocr/edlite-34cfr104.html[/url]

[This message has been edited by Ohio (edited September 24, 2006).]

On Sep 24, 2006

thanks for the info im going to contact the school district on monday and get the ball rolling i should have done this this year. the pre school i was sending him to gets federal funding, but i just pulled him out because they were being very difficult. im sending him to my neighbors house she takes care of her grandson and another little boy johns age and we just went over all the foods that are ok and she just went shopping for snacks that johnny can eat. why didnt i just send him there in the first place! thanks again erin

On Sep 24, 2006

where can i find sample letters for a 504??? im a terriable writer and i dont know how to start

On Sep 24, 2006

My advice...You may not want to contact the school initially asking for a 504, although you have every right to.

We contacted our school over a year in advance, and our initial meeting was simply and introduction of ourselves, a discussion of the allergy, a discussion of school food allergy policies, risks at school, and we told them we would would be interested in a 504 plan for our child.

They told us we would not need a 504, they became a little defensive, and gave us several other examples of how our child would be protected (Individual Health Plan, Emergency Plan, Classroom Rules, etc.).

We did not get upset at that point, knowing full well our child qualified and we would officially request a 504 eligibility meeting in the near future.

I will send you the "agenda" we took to our first meeting tomorrow morning (it's on my laptop). If nothing else it should give you some ideas of what types of questions to ask. I haven't posted it online because we were still working with the school on our 504 up until a few weeks ago.

Regarding this site...You should search the Schools topic for "504". There is a ton of information to sift through, but it is worth it. You will learn a lot about what to expect and prepare for.

[This message has been edited by Ohio (edited September 25, 2006).]

On Sep 25, 2006

thanks ... looking forward to the info. ill check under 504

On Oct 4, 2006

well i called the school today to get the ball rolling on johns 504, and the first person passed me to another person and this lady said to me "well ive never done one for a peanut allergy ill have to call you back" is she trying to tell me that im the only parent in this school district that has a child with a peanut allergy?? or maybe she is just new or maybe she is just plain ol' stupid! [img]http://uumor.pair.com/nutalle2/peanutallergy/rolleyes.gif[/img] im hopeing for new! we will see what happens form here! i had to tell her several times that i dont need the 504 because my son is disabled its just for a peanut allergy. it was kind of like talking ot my 5 year old who dosnt want to pick up toys! thank goodness i have a full year to sort out all of this! wish me luck!

On Oct 4, 2006

Hate to be the bearer of bad news here, but in the school setting, if your child needs the protections and accomodations of a 504, [i] you need to stop saying "he isn't disabled."[/i]

504 plans are not written for anyone who isn't. Period. On the flip side, if he hasn't got a "disability" then why do you need a 504?

(This may explain some of the apparent confusion you observed.)

On Oct 4, 2006

i was thinking along the lines of wheel chairs or something like that .. i guess i just dont want to think of a peanut allergy as a disabality. johns just a regular kid who cant be around peanuts. is that a disabality? the lady kept asking me what kind of services i needed . i just want a peanut free class room. ya know.

On Oct 5, 2006

Your child does have a disability...a hidden disability.

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

"Hidden disabilities are physical or mental impairments that are not readily apparent to others. They include such conditions and diseases as specific learning disabilities, diabetes, epilepsy, and allergy."

[This message has been edited by Ohio (edited October 05, 2006).]

On Oct 5, 2006

But my point is that, under the law, the ONLY reason to write a 504 plan is [i]to accommodate a disability.[/i] Please think about this-- your reluctance is a weakness that may be unpleasantly exploited by an uncooperative school/district.

I am quite certain (as we know several other families with special kids) that there are few IF ANY parents who like the label "disabled." That isn't how any of us see our children. But if your child is [i] not able to participate to the same extent as his unaffected peers without a system of accommodations[/i] then it [i]is[/i] a disability. It is just a label-- one that only defines a person if they choose for it to.

Can you live with the label to get what your son needs? If you can't stand it at all, you might be better off looking for informal accommodations instead.

(And I mean that sincerely-- no 'tone' intended. This is a big mental block for many of us.)

On Oct 5, 2006

And,

[b] the lady kept asking me what kind of services i needed [/b]

Hold it right there! Was this a discussion of (gasp!) ACCOMMODATIONS?? Prior to the establishment of eligibility?? SHAME. SHAME.

Seriously-- invest some time in understanding the order in which things must happen here and make them stick with it. They can't talk about accommodations before elgibility. There might be some later question of denial of eligibility on the basis of "inconvenient" necessary accommodations. KWIM? Not good if OCR should hear of it. Also inadvisable for YOU to discuss accommodations prior to eligibility in case they decide it will be pretty inconvenient to try to do [i]that[/i]. Remember that. [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

I also wouldn't assume that having never written a 504 for a FA is necessarily BAD... just inexperience. So she didn't say "No"-- you were just told "I haven't done that before." I was told this as well. But it didn't stop me for a minute. Other people's kids might not need one. Mine does.

On Oct 5, 2006

as i was walking back from taking my daughter to school today i started thinking about what i wrote yesterday about not wanting to lable my son or not thinking that he is disabled, and the fact of the matter is i cant take him past the lunch room in kristins kindergarden because he starts to get puffy. i think they must make all the pbj sandwiches at that time because by the time we get home hes fine . no benadryll needed. i guess he is disabled. im not used to thinking about it in that kind of light. so i apoligize of offending anyone last night. i am truley sorry. no offence intended.

the person who keped asking what type of services i needed or was requesting was from the health department. i think she thought i was requesting a cpse screening.

so i will call the school back today and find out the stuff i need to do because i do beleive this is the best for my son. and after a good night sleep and a walk in the brisk morning air i guess i do think that my son is disabled. its just a part of life and a lable im not used to.

thanks for not ripping me a new one last night! [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img] erin

On Oct 5, 2006

I don't think anyone was offended. This is a learning process for all of us...we are just a few steps ahead of your situation.

Two or three years ago I had no idea what a "peanut allergy" really meant, and we had no idea what a 504 plan was and why my child would need one.

It's been a crash course, but definitely worth it. You may want to inquire who the 504 coordinator is in your district and start a dialog with him/her.

On Oct 5, 2006

No problem, smudgesgarden. [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

As Ohio points out, we've just had more time to see how big everyday adjustments really are (relative to peers) as our kids get older. And to understand what the label means-- and [i]what it doesn't.[/i]

I have trouble using the "D" word myself. I prefer "medically fragile," as I think this is more appropriate anyway for someone who thinks that "allergies" are no big deal. Medically fragile tells people that my daughter could be dead from carelessness, adn it gets their attention in a way that "allergy" does not.

I just didn't want the school to use your words against you... or (like animals) smell your fear. [img]http://uumor.pair.com/nutalle2/peanutallergy/wink.gif[/img]

On Oct 5, 2006

Smudgesgarden, You may find this information helpful: Under section 504, Subpart A, part 104.3, part l2: (that

On Oct 5, 2006

thanks for the info again [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img] ill try to rember to THINK before i speak. and that this is a hidden disabilaty. just because hes not in a wheel chair or blind or something like that he is still disabaled. i was glancing through the thread by gailw and what struck me was, this wont make him stand out as a "weird" kid this will normalize his school career and will protect him in the future.

rosemary thanks for the link. im pretty sure he will qualify for a 504 next year at the school. this pre school is through the school district. its not free for everyone. its a "lottery" of sorts on who gets it free, first come first served. there is some kids who need to pay, but ive gotten him on the list allready so ill proably not need to pay. but the school is federaly funded. like most public schools. (does that make sense?) we will see.

ps: you guys were up very late last night. i was in bed by 9:30 i was checking the times on your posts. i dont even remember the last time i was up past 2 am.! thanks again erin

On Oct 5, 2006

hey!!!!!!!!!!! [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img] [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img] [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img] [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img] [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img] i just got off the phone with the director/lead teacher, of the pre school john will be going to . and she said "i think its great you are so orgnized and want to get the ball rolling on this!" i told her from what i understand this process takes a while and i just want to have everything in place before he starts school. and she said give me a cupple of weeks, if she hasnt gotten back to me then i should call her and we will start working on this! i think this sounds good!

On Oct 8, 2006

Cleaning

[This message has been edited by NicoleinNH (edited March 05, 2007).]

Related