Quote:Originally posted by Rhonda RS:
[b]Hi MB,
Gary got a hold of the entire "Letter to Zirkel - 1993," from OCR and sent me a PDF, and I've posted on our website.
[url="http://www.allergysupport.org/rhondadocs/Zirkel.pdf"]http://www.allergysupport.org/rhondadocs/Zirkel.pdf[/url]
The gist of the letter is that the "reasonable standard" used for ADA does not apply for Section 504 and schools.[/b]
yes. that is the gist I got.
that a [i]FAPE[/i] standard has more muscle than a [i]reasonable[/i] standard? (If of course, one can say learning is affected. As I understand it, 504 has no qualifier that learning need be affected? Please, correct me if I am not understanding, as it is critical that I do.)
that since my child is already covered by idea, ohi may not be such a far leap (seeing that many conditions and needs overlap)? Again, correct me when needed. I'm [i]still[/i] new to this.
Thank you for confirming, if I do indeed understand based on the reasoning.
[b]You could present a copy of this letter to your school, should the district say it only needs to provide what is "reasonable." OCR clearly states this is not the case. Again, an SD's lawyer may use the argument that I stated (use ADA law saying they only have to provide what is reasonable) and cite some case law to support their argument that they do not have to provide what is reasonable. However, I've found most of the SD's lawyers are not that bright. I think if you presented this letter, it would make the district back down from a "we only have to provide what is reasonable" argument.[/b]
We have an appointment with my child's physician today. I need to get some ot scripts filled for the school, and some other papers regarding medication. Through the grapevine, and during the course of some calls to the district special ed department, a representative mentioned that the iep team would need to be reconviened re: Asthma and Food Allergy and orthopedic impairment. (I haven't turned in any formal notification yet, as we are seeing the physician today-----he was on vacation briefly)
Is the reconviening of the IEP regarding what was mentioned *a good thing*?
There is something I would like to discuss off the boards as this is such an open forum. I could post it later after the smoke clears (if there is any), but now is not a good time.

I have my OCR letter article on hidden disabilities, the Zirkel letter, a printed copy of the MASS document that I have kept for quite some time....., but cannot get the Nathan Walters article from [b]The Spokane Review[/b] to download........... I have a password and have cleared my browser, restarted the computer, etc.....but it just won't download.
Anyone?

Quote:Originally posted by Rhonda RS:
[b]Hi MB,
Gary got a hold of the entire "Letter to Zirkel - 1993," from OCR and sent me a PDF, and I've posted on our website.
[url="http://www.allergysupport.org/rhondadocs/Zirkel.pdf"]http://www.allergysupport.org/rhondadocs/Zirkel.pdf[/url]
[/b]
thank you Gary. [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img] I had found the letter (or parts of) at another website, but I really like the format it is in on Rhonda's site. You know, [i]the whole letter[/i]. [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img]

Quote:Originally posted by Rhonda RS:
[b]Hi MB,
FAPE is just another part of the law. Making reasonable accommodations would be a way to ensure FAPE (a Free and Appropriate Public Education).[/b]
absolutely. but am I understanding it correctly that under OHI, not 504, the word "reasonable" does not influence the extent of the accommodations made? I know, I'm not really good at being clear. [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]
[b]Yes, reconvening the IEP team is a good thing as long as the IEP Team (PPT - Planning and Placement Team as it is also called) has the authority to give the 504 Designation. Be sure to ask the person leading the IEP team in writing (e-mail / fax) that the 504 Coordinator be there and any other necessary school official for the district be there so that all the right people are there who have the authority to give the 504 designation should cub not qualify for OHI under IDEA for food allergy and asthma.
[/b]
thank you for reminding me, I just trusted that they would be there. Better to be prepared.
[b]Regardless of the information through the grapevine, send all the documents in we've talked about. Especially important is your request for designation letter.[/b]
Agreed. If I don't rock the boat a little, I just might not notice the anchor, right? [i]Besides, it's not like me to be afraid to rock the boat. [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img] Now is not the time to start.
[b]Try these two articles; they have the information that you need:
[url="http://www.nsba.org/site/doc_micro.asp?TRACKID=&CID=1139&DID=8042"]http://www.nsba.org/site/doc_micro.asp?TRACKID=&CID=1139&DID=8042[/url]
[url="http://www.geocities.com/Heartland/Flats/3125/"]http://www.geocities.com/Heartland/Flats/3125/[/url]
It looks like the full amount of the settlement was 1 Million dollars.
[url="http://static.highbeam.com/t/thecolumbian/april162002/boysdeathledto1millionsettlement/"]http://static.highbeam.com/t/thecolumbian/april162002/boysdeathledto1millionsettlement/[/url] [/b]
I'm still sick over what happened.
[b]Prayers to Rick and Teresa for peace and comfort.[/b]
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