IHP instead of 504?

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It seems the district 504C has hinted at giving Matthew an IHP in lieu of a 504.

I konw that a 504 will guarantee him equal access to learning (which an IHP does not). How else are they different. I mean, does the 504 carry more weight or is it "more" enforceable?

I need some reasoning please...or should I be satisfied with just an IHP?

Thanks in advance, Maddy

On Aug 31, 2006

An IHP looks at anything that protects his physical health as pretty much being "fine."

So-- waiting in the hallway until an unsafe class party is finished, for example.

IHP? Fine, he'll be safe there.

504? Wha???? Is this least restrictive?? 'Same as non-disabled peers?' I don't think so...

IHP allows for "separate" and says pretty little about how "equal" things need to be. And I am not certain how binding the terms are, in fact. (Perhaps someone else can tell you with greater confidence.) But OCR definitely doesn't care. So if they violate the terms of an IHP, I'm not clear who you can even complain to.

If he qualifies for an IHP, why doesn't he qualify for a 504 plan, again? [img]http://uumor.pair.com/nutalle2/peanutallergy/wink.gif[/img] (These are words to live by.)

On Aug 31, 2006

Exactly. When Mariah had an IHP we faced these exact problems that eventually lead us to request a 504.

For example, on field trips Mariah would take the bus with her class and a seat would be cleaned for her as per the IHP. So she would sit in her assigned 'clean seat' in the first row while the rest of the class sat [i]rows[/i] behind her in the back of the bus. She was basically segregated from her class.

So just like Corvallis Mom said, she was [i]safe[/i], but not in the least restrictive manner. I mean, one could come up with a dozen better solutions so that she could sit with her class [i]and[/i] be safe, right? The point is that this wasn't considered. The IHP was administered by the School Nurse, whose primary focus, her training really, was on health/safety.

Now, with her 504, the school counselor administers her plan. It's a very different perspective. The school nurse is still on the committee and provides input, but it's the School Counselor who oversees the process.

On Aug 31, 2006

As usual, THANKS!

You know, sometimes it just about the terminology..wanting to phrase it correctly so that it's received better. Using LRE, and the examples you've both given are the kind of things I wanted in my head before I meet with 504C tomorrow. [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img] So thank you!

Either of you (or anyone for that matter) know what to say/how to fight it if they deny it even WITH the OCR statement about hidden disability on the table already? I didn't think that was possible but well, who knows in the world of 504's and peanut allergy! :-)

Thanks again, Maddy

On Aug 31, 2006

Ahhh... The old bait & switch! This thread really takes me back...

We ended up having to make a written request for a 504 eval. to force them to say "yea" or "nay" on 504. They kept saying things like "an IHP is the same as a 504" , "an IHP is a legal document" , "your child doesn't qualify for 504 because 'learning' is not affected" , "this is a health issue, so you only need an IHP not a 504 which is for learning issues." Just so you know what to be prepared for.

Cathy

------------------ Mom to 7 yr old PA/TNA daughter and 3 1/2 yr old son who is allergic to eggs.

On Aug 31, 2006

So if you get an OHI under IDEA, can you still request Section 504 so that accomodations are made in the LRE? Our school district is shady to say the least, so I could see them locking him in a room for his safety.

On Aug 31, 2006

Quote:

Originally posted by Momcat: [b]They kept saying things like "an IHP is the same as a 504" , "an IHP is a legal document" , "your child doesn't qualify for 504 because 'learning' is not affected" , "this is a health issue, so you only need an IHP not a 504 which is for learning issues." [/b]

LOL! Indeed! I heard those [i]exact [/i]phrases . . . more than once. That's why I had an IHP first.

On Aug 31, 2006

Quote:

Originally posted by MattsMommy: [b]Either of you (or anyone for that matter) know what to say/how to fight it if they deny it even WITH the OCR statement about hidden disability on the table already? [/b]

Yes. Google "US Dept of Agriculture's handbook 'Accommodating Children with Special Dietary Needs' ". There are two references in this federal document stating that if a licensed physican has determined that a child has anaphylactic reactions to food they qualify for a Section 504 designation. Print it out and highlight that statement. Show them,[i] "The federal government states that my child qualifies." [/i]

On Aug 31, 2006

[url="http://www.fns.usda.gov/cnd/Guidance/acccommodating_children.doc"]http://www.fns.usda.gov/cnd/Guidance/acccommodating_children.doc[/url]

from page 5 of the handbook

[i][b]"In Cases of Food Allergy[/b] Generally, children with food allergies or intolerances do not have a disability as defined under either Section 504 of the Rehabilitation Act or Part B of IDEA, and the school food service may, but is not required to, make food substitutions for them. However, when in the licensed physician's assessment, food allergies may result in severe, life-threatening (anaphylactic) reactions, the child's condition would meet the definition of "disability," and the substitutions prescribed by the licensed physician must be made."[/i]

[This message has been edited by Gail W (edited August 31, 2006).]

On Aug 31, 2006

Quote:

Originally posted by hblmom: [b]So if you get an OHI under IDEA, can you still request Section 504 so that accomodations are made in the LRE? Our school district is shady to say the least, so I could see them locking him in a room for his safety.[/b]

Those covered under IDEA are a subset of those covered under 504. So anyone with an IEP for OHI (PA) is entitled to LRE automatically under 504 (gee that looks like alphabet soup!) In other words, if you are "disabled" under IDEA, you are "disabled" under 504.

Clear as M-U-D, right?

Cathy

On Aug 31, 2006

By the way, your child SHOULD have an IHP which details the signs of anaphylaxis, what type of reactions your child has had in the past, how to treat various symptoms, the dosages of medications, etc.

The 504 is in ADDITION to the IHP. It will list accommodations that allow your child safe access to all school related activities.

So you can agree with your school that he needs an IHP [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img] Just insist that they evaluate him for 504 eligibility, too.

Cathy

On Sep 1, 2006

I wish I could take you all out for a drink, or a coffee, or..whatever floats your boat..because you all ROCK!

I feel better "armed" and instead of dreading my meeting tomorrow, I feel more in control. I want things in my "back pocket" so to speak that I can respond with when appropriate.

The mtg is at 3:15. I'll update when I return home. The ideal result will be that she sees the light and will pass on her opinion to the school. Then the school will finally honor my written request for a 504 eligibility meeting. We shall see!

Thanks again, Maddy

On Sep 1, 2006

You've requested a 504 evaulation in writing and the 504-C won't give you one ? ? ? If I were you, I'd review OCR's Q & A section on thier website prior to your meeting.

Something for your other 'back pocket' from the Asthma & Allergy Foundation: [url="http://aafa.org/display.cfm?id=5&sub=74"]http://aafa.org/display.cfm?id=5&sub=74[/url]

Good luck. [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

On Sep 1, 2006

Right now, all I have is IHP. I am currently asking for 504. It is basically a nursing plan. It talks about all the stuff the nurse will do to educate teachers, putting allergy awareness posters here and there, a bunch of **** in my opinion. To make a long story short, I wasn't satisfied at the beginning of kindergarden that enough things were in place for him at school. They made some initial changes and for 1/2 day kindergarden it was okay. Then, in first grade, I asked for a detailed plan and outlined one that included protocol for reactions etc. So, near the end of first grade, the nurse did IHP. I wasn't all that satisfied because it still didn't have some of the things I worry about covered in detail. Then, seems that life just got messy between end of first and beginning of 2nd grade and I left things the way they were. At the end of second grade, I saw the things I worry about happening. I have been asking for 504 meeting since February. I also found out that after all the HIPPA privacy laws came out, it affected the way that nurses disclose information about students to other staff. So, new teachers for last year's school year who weren't previously told of DSs allergies/asthma, aren't approached by the nurse. Teachers now have to meet with the nurse to gather information about the students they deal with and the information is disclosed. SO, we have had 2 new physical ed teachers, a new media center assistant, new foreign language teacher and a new computer teacher. Not to mention a new guidance counselor. So, the teachers who came in after the HIPPA thing and did not go to the nurse, had no idea about my son's issues. I found this out late in the school year. I realize that because of this and because of other things, if I had a 504, my son's teachers, including new ones would be informed. Too many things happen that you don't think of and I don't see any verification that the stuff on the IHP is followed through.

On Sep 1, 2006

Quote:

Originally posted by Momcat: [b]By the way, your child SHOULD have an IHP which details the signs of anaphylaxis, what type of reactions your child has had in the past, how to treat various symptoms, the dosages of medications, etc.

The 504 is in ADDITION to the IHP. It will list accommodations that allow your child safe access to all school related activities.

So you can agree with your school that he needs an IHP [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img] Just insist that they evaluate him for 504 eligibility, too.

Cathy[/b]

I've been thinking about this. We do it exactly the same way Cathy has described; DD's 504 plan states an IHP is administered by the nurse.

But I've seen many 504s that don't do it this way. The school has one document, a 504 Individual Accommodation Plan, that details everything. So the IHP is within the 504. This is the format that Rhonda uses in her 504 outline here: [url="http://www.foodallergyadvocate.com/504Plan.htm"]http://www.foodallergyadvocate.com/504Plan.htm[/url] See Section G.

You might want to take a print out of Rhonda's outline to your meeting today. Your pockets are getting pretty darn full! [img]http://uumor.pair.com/nutalle2/peanutallergy/cool.gif[/img]

[This message has been edited by Gail W (edited September 01, 2006).]

On Sep 1, 2006

. . .<. . . . Sorry I keep adding things, but I wanted to add something else about the way my SD executes our separate 504 and IHP documents.

The 504 is 'only' signed by the 504 committee that is made up of 6 staff: the Assist Superintendent (district 504 Compliance Officer), the school principal (building 504 Compliance Officer), school counselor (504 case manager), school nurse, the Director of Food Services and a Teacher Representative. And us (parents).

The IHP is signed by the same 504 Team [b]PLUS [/b]all of Mariah's teachers, aides, support staff, and custodians. Mariah's is Middle School and has 8 classes, so last year her IHP was signed by around 25 staff. I like that. If the IHP were incorporated into the 504 document, the additional staff would not be required to sign it.

Does your district do it this way Cathy?

Sorry to keep making this more complicated. Just one more consideration on an already large pile. . . .

On Sep 1, 2006

Quote:

Originally posted by Gail W: [b]The IHP is signed by the same 504 Team PLUS all of Mariah's teachers, aides, support staff, and custodians. Mariah's in Middle School and has 8 classes, so last year her IHP was signed by around 25 staff. I like that. If the IHP were incorporated into the 504 document, the additional staff would not be required to sign it.

Does your district do it this way Cathy? [/b]

LOL! I don't think they have a method to their madness! No--our 504 is signed by the Principal, Vice Principal, 504C (she quit this summer), my husband and myself. Remember, our principal said "I [b]am[/b] the committee!" Anyway, under accommodations, the 504 form has just two lines to write on. They wrote "see attached health plan" on those lines. The health plan does not appear to be signed by anybody. It was written by the head district nurse.

Cathy

[This message has been edited by Momcat (edited September 01, 2006).]

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