IHP instead of 504?

Posted on: Thu, 08/31/2006 - 5:48am
MattsMommy's picture
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Joined: 07/29/2002 - 09:00

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

Posted on: Thu, 08/31/2006 - 6:00am
Corvallis Mom's picture
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Joined: 05/22/2001 - 09:00

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.)

Posted on: Thu, 08/31/2006 - 8:08am
Gail W's picture
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Joined: 12/06/2001 - 09:00

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.

Posted on: Thu, 08/31/2006 - 9:58am
MattsMommy's picture
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Joined: 07/29/2002 - 09:00

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

Posted on: Thu, 08/31/2006 - 10:15am
Momcat's picture
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Joined: 03/15/2005 - 09:00

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.

Posted on: Thu, 08/31/2006 - 10:26am
anonymous's picture
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Joined: 05/28/2009 - 16:42

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.

Posted on: Thu, 08/31/2006 - 11:12am
Gail W's picture
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Joined: 12/06/2001 - 09:00

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.

Posted on: Thu, 08/31/2006 - 11:22am
Gail W's picture
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Joined: 12/06/2001 - 09:00

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]

Posted on: Thu, 08/31/2006 - 11:45am
Gail W's picture
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Joined: 12/06/2001 - 09:00

[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).]

Posted on: Thu, 08/31/2006 - 12:51pm
Momcat's picture
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Joined: 03/15/2005 - 09:00

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

Posted on: Thu, 08/31/2006 - 12:57pm
Momcat's picture
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Joined: 03/15/2005 - 09:00

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

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