504 violates civil rights of classmates???

Posted on: Thu, 08/23/2001 - 12:18pm
Marian's picture
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Joined: 08/23/2001 - 09:00

Just found this site and I am so glad I did...I thought my 504 was running through smoothly with "handwashing as children enter class" and "will provide a long list of peanut free snacks"..was told tonight that I can't force any other child to wash hands or to tell parents what to bring in for snack because it vilates their civil rights?? is that so??? The suggested that my son wear long sleeves and gloves to kindergarten. I was finally brought to tears with that one. Anyone have any I deas for my meeting with the Director of Student services? I have a feeling they will give me a 504, but there just won't be anything of substance in it.= Do I need a lawyer??? Help...

Posted on: Thu, 08/23/2001 - 3:21pm
Diane's picture
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This is what the law states regarding Sec.504:
Section 504 provides: "No otherwise qualified individual with a disability . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

Posted on: Thu, 08/23/2001 - 10:05pm
momma2rac's picture
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Joined: 03/03/2000 - 09:00

This is amazing! I want to know how this turns out!

Posted on: Fri, 08/24/2001 - 2:31am
julier's picture
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Joined: 01/07/2001 - 09:00

I just went through this last week, my principal did not want to give me what I wanted either, so I went to the superident and got everything I wanted, If your principal says no go higher up.

Posted on: Sat, 08/25/2001 - 2:35am
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Joined: 05/28/2009 - 16:42

Diane,
Thanks for clarifying this. This provides a good response/explanation to a principal's and/or administrator's statement or question on the rights of non-food allergic children in the classroom. This information may come in very handy.

Posted on: Sat, 08/25/2001 - 12:35pm
Diane's picture
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Joined: 12/15/1999 - 09:00

ryan's mom, actually another teacher explained it to me this way just recently. I was talking with her about my daughter's peanut allergy and she told me that at the school where she works there are several children with PA. And for the same reason, it is against their rights (the PA children) to have them sit at a *peanut-free* table because that is segregating them. Instead they have a *peanut table*. Again, because the other children do not have a disablity it is not against their rights.

Posted on: Mon, 10/15/2001 - 5:40am
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Joined: 05/28/2009 - 16:42

Hi,
It is now mid October and finally I have received a response about my son's 504, and we are being DENIED!!! PLEASE HELP!!! The district states that they will only offer my son a health plan--whatever that means. Can you tell me how this turned out?? Can anyone offer advise before I go up against the District Nurse??
PLEASE HELP!!

Posted on: Mon, 10/15/2001 - 9:58pm
Marian's picture
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Joined: 08/23/2001 - 09:00

Dear Mitch's mom -- Do not give up hope -- Call your state office for education - youmay file a 504 complaint there. Keep trying on your local school level with the principal/nurse/superintendent -- even the classroom teacher -- you can say "I know you do not want my child to have a life threatening reaction while in your care - that would be horrible for you and for us - It would be awful for you if there was a death in this clasroom because it was not makde safe here -- what can we do so this does not happen here?" -- I found that when you have others imagine themselves in the middle of this with the result being a FATAL reaction and they are a part of it - it is scary enough for them to listen more closely. We did finally get our 504 including the handwashing ( wipes as the children enter the classroom)-- We had our allergist write a letter stating the severity of PA and that strict handwashing must be observed in the classrooom. I also copied many many articles about PA and gave to the school (nurse/principal/director of student services). I had folders made for everyone with many articles about how other schools are handling their 504 plans (see some on Calgary allergy network)--- Our allergist had the school nurse call him on the phone -- that really helped...See the 504 topics -- PA DOES meet the guidelines -- keep stating that over and over and ask "what are you prepared to do to keep my child safe at school" -- if that does not work -- take you folder to the school superintendents office and tell them you may have to keep your child out of school until they can provide a "safe environment" -- that will speed up the 504 process. Good luck - be strong -Let me know how it goes

Posted on: Tue, 10/16/2001 - 5:57am
anonymous's picture
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Joined: 05/28/2009 - 16:42

Marian,
I sent a very strong e-mail to the Distric Nurse, School Nurse, School Psychologist, and Principal this morning. My e-mail basicly stated my son's civil rights under the 504 and explained why a peanut allergy is a disability, and how a 504 applies to him. Then I quoted you directly and it WORKED!! I REALLY got the district nurses attention. She just phoned me and sounded VERY nervous. I have an appointment scheduled with her on October 25th to discuss the 504. It still sounds like they are going to try and talk me out of the 504 because it is "very complicated" [img]http://uumor.pair.com/nutalle2/peanutallergy/rolleyes.gif[/img] . But I am not going to give up!! My son deserves EVERY saftey precaution that is available to him.
Thank you so much for listening and for your support.

Posted on: Tue, 10/16/2001 - 10:05pm
Marian's picture
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Joined: 08/23/2001 - 09:00

Mitch's Mom -- I am so happy that this worked for you!!!! The 504 is NOT complicated - it is just more work for them. let me know how it turns out

Posted on: Wed, 10/17/2001 - 9:41am
Kathryn's picture
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Joined: 02/17/1999 - 09:00

see the links I posted under your other post

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