a 504 scenerio...

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Okay, I was reading through GailW's ordeal with Mariah and I started thinking about LRE and the rights the 504 protects etc....

so I want to present a scenerio....instead of food allergies, lets say Jake had a feeding tube. So what rights(of his) would be violated if say the class was served the popsicles(like they were to Jake's class on Friday).....at what point does it become Jake's right vs. what he just plain can't do or have?? I'm not sure I am getting that out right....so if he had a feeding tube and was unable to actually eat a popsicle, would his 504 protect his rights and the whole class would not be allowed popsicles(because he would be disriminated against and left out) or would the class be allowed popsicles(while he sat and watched) and he given another snack....is that legal then?? I am trying to see how the school thinks, so if he can't enjoy the snack the whole class is enjoying, do they all go without, or is a alternate okay, is it legal to offer???

I guess this also goes along with the thread *not sending in a safe snack*.....if Jake had a feeding tube, is it okay for the class to still enjoy their popsicle even though he can't??? Where do you draw the line??? I want to use this as an example when I go in tomorrow....Thanks [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

------------------ 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, weeds, molds, cats, dogs, guinea pig & eczema & asthma) Carson-4 (peanut, tree nuts, milk, soy, egg, beef and pork, cats, dog, guinea pig, hamster, grass, mold, dust mite and EE) Savannah-1 1/2 (milk, beef and egg, dog(avoiding peanuts, tree nuts, strawberries, seeds, legumes and corn)

On Sep 3, 2007

I'll take a crack at this...

I think the answer to your question depends on the wording of your 504. If the popsicles were eaten on the playground and not in the classroom (which btw I'm noticing alot of eating going on in strange places popping up in threads lately!), then I don't think the 504 or LRE would apply to the playground unless you have specific wording in there regarding how treats are handled outside of the classroom.

But, your 504 was clearly violated in that he was offered food that wasn't approved by you, but I'm not sure where/how the separate but equal treat comes into play on playground.

If the popsicles were served in the classroom, then that's a different ballgame if your 504 states specifics about food in the classroom (ie: no unsafe food or safe treat must be provided to your ds). Am I making any sense?

It's our first day of school tomorrow. I have complete total brain scramble right now.

Good luck tomorrow Chanda! Meg

On Sep 3, 2007

One big difference is that the other kids consuming popsicles in the classroom would not pose a hazard to the child with a feeding tube. Yes, he would be left out. But he is not endangered...

Cathy

On Sep 3, 2007

thanks ladies for your replies...I think with 504 there are 2 things we focus on, safety and discrimination. I think, schools tend to focus more on safety, even myself, all the accommodations were focussed around keeping Jake safe. But....especially after reading GailW's post about Mariah in the science study during lunch...her focus was on safety, but much more on discrimination, on many levels....which I often forget about(because I am so focused on safety). So to tie this into my problem, on friday when the teachers handed out popsicles...I don't know if I am more upset because the teacher didn't inform me of the popsicles(as agreed in the 504) the fact that they served an unsafe popsicle(which contained coconut oil...but then found him an alternate which was safe, but wasn't authorized by myself which was a violation. Or the fact that they would have served popsicles to all the kids but him because they did contain coconut oil, were in fact unsafe for him to eat and never called so I could run one over to him(thus causing him to be left out, again)..... I guess I need to focus first on the violation of serving the popsicle and maybe down the road revisit the discrimination side of it....this is all so hard, so time consuming.....and exhausting!! Thanks ladies, good night!!!

------------------ 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, weeds, molds, cats, dogs, guinea pig & eczema & asthma) Carson-4 (peanut, tree nuts, milk, soy, egg, beef and pork, cats, dog, guinea pig, hamster, grass, mold, dust mite and EE) Savannah-1 1/2 (milk, beef and egg, dog(avoiding peanuts, tree nuts, strawberries, seeds, legumes and corn)

[This message has been edited by chanda4 (edited September 03, 2007).]

On Sep 3, 2007

Chanda....I kept pondering the same question.

On Sep 4, 2007

I don't know the answer to the feeding tube comparison. But wanted to add that it seems to me, that the school was trying to sneak around the 504 by giving out the popsicles on the playground. Similar to my goldfish hunt dilemma. Maybe we need to word our 504s a bit diffrently and more specific.

I so feel your pain on this one - everything is such a struggle. Never thought sending my kid to school would be such an ordeal. "Regular" families have it SO easy.

On Sep 4, 2007

This is another accommodation, I would think it would have covered this situation, but maybe wording is the problem???

"No food should be served or consumed during school-wide assemblies unless prior notice is given and parents can provide Jake with his own safe food item."

I know this wasn't "school-wide" but it was a grade level treat....so if it comes down to wording maybe it should say "class/school-wide assemblies and/or events"

I'm heading off to school, I actually have a fundraising meeting(see, I work my tail off for the school, I just need some in return!!!) HUGS

------------------ 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, weeds, molds, cats, dogs, guinea pig & eczema & asthma) Carson-4 (peanut, tree nuts, milk, soy, egg, beef and pork, cats, dog, guinea pig, hamster, grass, mold, dust mite and EE) Savannah-1 1/2 (milk, beef and egg, dog(avoiding peanuts, tree nuts, strawberries, seeds, legumes and corn)

On Sep 4, 2007

Hi Chanda. [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img] Mariah's 504 plan for middle school did not allow the school to distribute food to students if *she* cannot have it. So any food for *general consumption* was required to be safe for her. So no 'substitute treats' are/were needed. That was an accommodation I had negotiated with the school on the heels for several violations.

After that whole incident re classroom lunchtime study sessions, we added a section on food for brought in by students for their own individual consumption. We did that because we do not want to restrict what students bring from home to eat. The school offered to make the classroom 'peanut/nut free' but we declined and instead opted for cleaning procedures. So our plan changed include food in the classroom brought in for "individual consumption". The actually wording is:

[i][b]Food provided for general consumption at school sponsored activities[/b] Food provided for general consumption during events when Mariah is or could be included will be from the list of approved foods. Should a new food item be desired that is currently not on the list, the food labelwill be submitted to the Food Services Director for analysis, pre-approval, and then added to the list. Foods that contain or that may contain peanut/nuts will not be approved and will not be served.

[b]Food brought into the school for individual consumption[/b] Food for individual comsumption (e.g. a student lunch or snack from home) that is brought to school by anyone besides Mariah should be considered unsafe for Mariah's consumption. Students consuming food in the classroom should not have access to community classroom materials (i.e. text books, microscopes, etc.) until cleaning procedures have been completed (see below). Mariah will supply her own classroom supplies as much as possible. [/i]

Does that clarify?

[This message has been edited by Gail W (edited September 04, 2007).]

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