Letter From School District Attorney - Help!!

Posted on: Tue, 02/14/2006 - 6:40am
bandbmom's picture
Offline
Joined: 12/14/2005 - 09:00

Today we received a letter

[This message has been edited by bandbmom (edited February 27, 2006).]

Posted on: Tue, 02/14/2006 - 7:23am
MommaBear's picture
Offline
Joined: 09/23/2002 - 09:00

I'd have to look up the letter but if memory serves me, I had an attorney for the district inform us, upon our refusal to consent to a "full case study, not [i]limited[/i] in scope", and after I withdrew my cub to homeschool, that they would pursue "due process" and or "state mediated" action in order to obtain a case study, not limited in scope if I ever chose to re-enroll him in "district-wide" programming.
Never found out because two years later after a change in administration, I re-enrolled him in the district and [i]requested a full case study not limited in scope[/i] [img]http://uumor.pair.com/nutalle2/peanutallergy/tongue.gif[/img].
Is it an instance of them having an obligation after having been made aware of a need?
I've asked before: Can one's obligation to serve a child's best interest be relieved by another's permission? [i]even a parent's permission?[/i] Or refusal? I mean, as long as a child is under that person's care?
Now, that said, my school has never been provided "carte blanche" to access my cub's medical records. [img]http://uumor.pair.com/nutalle2/peanutallergy/tongue.gif[/img] My physician has always provided a letter to the district, pertinent lab results, etc. "Need to know" information. With the caveat in the letter that if further information is necessary, please be specific and request it. (Not necessarily saying it would be found to be necessary and thus provided, either).
I mean, if there is something that is necessary and pertinent, surely they can put a name on it?
Anywhoooooooooooo, I'm not offering advice, no way no how, just relating my own personal, highly individual, and unique situation and asking questions I don't know the answers to. Individual Mileage May Vary. I could have just lucked out. KWIM?

Posted on: Tue, 02/14/2006 - 7:35am
MommaBear's picture
Offline
Joined: 09/23/2002 - 09:00

My school district's
[b]explanation of procedural safeguards"
"available to parents/guardians of students with disabilities"[/b]
not sure if it is meant for "504", but we have an IEP,
includes this section:
"[b]IMPARTIAL DUE PROCESS HEARING[/b]
[b]Requesting a Due Process Hearing[/b]
[i]A parent or local district m ay present a complaint requesting a due process hearing regarding the distric't proposal or refusal to initiate or change the identification, evaluation, or educational placement of a student or the provision of a free, appropriate public education and which sets forth an alleged violation that occurred not more than 2 years before the date the parent or local district knew or should have known about the alleged action that forms the basis of the complaint."
No advice, just the copy my district provides me with. Maybe they vary.

Posted on: Tue, 02/14/2006 - 7:50am
MommaBear's picture
Offline
Joined: 09/23/2002 - 09:00

aha. the *exact* wording in the letter. I dug it up:
"[i]As you are aware, the District believes that best educational interest would be met by conducting a case study evaluation. Your option to home school obviously changes his educational status.
At this time, the District does not pursue mediation and/or due process hearing procedures for the identification of special needs for students who are home schooled. Should you wish the case study evaluation process to proceed, please do not hesitate to inform the District of your desire. Keep in mind, however, that should you re-enroll within District programming, the District will be pursing a case study evaluation that is [b]not[/b] limited in its scope. More specifically, the limited consent that you previously tendered to the District will be deemed a denial and mediation/due process procedures will be initiated.[/i]"
No advice, just the wording of the letter *I* recieved in my own personal, highly individual, and unique situation. IMMV.
[i]But it's a small world.[/i]

Posted on: Tue, 02/14/2006 - 7:51am
Corvallis Mom's picture
Offline
Joined: 05/22/2001 - 09:00

Quote:Originally posted by MommaBear:
[b]My physician has always provided a letter to the district, pertinent lab results, etc. "Need to know" information. With the caveat in the letter that if further information is necessary, please be specific and request it. (Not necessarily saying it would be found to be necessary and thus provided, either).
I mean, if there is something that is necessary and pertinent, surely they can put a name on it?
[/b]
Exactly. Stand your ground. Speak to your physician about this overzealous move on the SD's part which is clearly an effort to undermine the provisions of HIPPA. They DO NOT NEED TO KNOW everything in your child's medical records. They have a right to immunization records and whatever is PERTINENT to the 504 designation and measures to be taken as a result. Nothing more.
I think you need to talk to a real attorney, someone who deals with IDEA/ADA law on a regular basis. Call local advocacy groups for Downs or autism. They will probably have several names. [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]
[This message has been edited by Corvallis Mom (edited February 14, 2006).]

Posted on: Tue, 02/14/2006 - 8:05am
anonymous's picture
Offline
Joined: 05/28/2009 - 16:42

Lawyer time. Yes they have a duty to proceed to a due process hearing. It is in the Section 504 guidelines.
We are in a similar predicament except that the school has not followed guidelines at all, they said if we refused blanket consent, they would not proceed. By the guidelines they should have initiated due process hearing. We are going to have to afford a lawyer somehow as well.

Posted on: Tue, 02/14/2006 - 8:10am
Gail W's picture
Offline
Joined: 12/06/2001 - 09:00

linking: [url="http://uumor.pair.com/nutalle2/peanutallergy/Forum7/HTML/002189.html"]http://uumor.pair.com/nutalle2/peanutallergy/Forum7/HTML/002189.html[/url]
The consent form states, [i]"To release all information contained in my child's records..."[/i] to the SD.
[This message has been edited by Gail W (edited February 14, 2006).]

Posted on: Tue, 02/14/2006 - 8:30am
Gail W's picture
Offline
Joined: 12/06/2001 - 09:00

Quote:Originally posted by bandbmom:
[b]... the District is initiating a Section 504 due process hearing to override your refusal to consent to permit the District to consult with "Bradley's" physicians. [/b]
I don't necessarily see this as a "bad" thing. Is it just me?
I understand that getting a letter from an attorney would have my heart up in my throat. I'd be freaked out too. (Actually, I'm already freaked out about my own situation. Wondering if I will be receiving a very similar letter.)
Isn't it entirely possible that the hearing officer will rule in your favor? The SD asserts its position. You assert yours. A hearing officer makes a ruling. Maybe you'll "meet in the middle" such as the District will provide it's questions in writing to the hearing officer who will determine if they are relevant to the eligibility issue, and then forward those questions to your allergist.
When I think about it unemotionally, it seems, well.... sensible... and in your interest.
You're not required to be represented by legal counsel, are you? I agree with you that most attorneys are not as knowledgeable about 504 as the parent....

Posted on: Tue, 02/14/2006 - 8:43am
Gail W's picture
Offline
Joined: 12/06/2001 - 09:00

Quote:Originally posted by Corvallis Mom:
[b]I think you need to talk to a real attorney, someone who deals with IDEA/ADA law on a regular basis. Call local advocacy groups for Downs or autism. They will probably have several names. [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img] [/b]
And also... Maybe talk to a supervising attorney at your regional OCR office? You don't need to file a complaint, you can just ask questions on the phone. I would think they'd be able to give you some helpful information, may be even some case law.

Posted on: Tue, 02/14/2006 - 9:19am
anonymous's picture
Offline
Joined: 05/28/2009 - 16:42

I agree Gail, I'm considering pushing the issue with the school district. They have simply REFUSED to continue with the eligibility hearing if we don't sign consent, my understanding of procedure is that it is their obligation to go to due process. I think our district has not done this as they have majorly screwed up. We are going to ask for a due process anyways, but I'd almost like to have them request it, they'll look like idiots when I bring out the stack of paperwork I have. I think this is a good thing as well, although I'd be nervous.
At the very least maybe you could get the hearing officer to have their questions put in writing, wasn't one "what does this mean, avoid tree nuts?". Hopefully the hearing officer will see through them.

Posted on: Tue, 02/14/2006 - 9:22am
MommaBear's picture
Offline
Joined: 09/23/2002 - 09:00

Quote:Originally posted by hblmom:
[b]I agree Gail, I'm considering pushing the issue with the school district. They have simply REFUSED to continue with the eligibility hearing if we don't sign consent, my understanding of procedure is that it is their obligation to go to due process. [/b]
[i]say it isn't so.[/i]
Makes one wonder about school districts that have knowledge of children with LTFA in school with no accommodation or emergency plan and don't do a [i]d___[/i] thing about it, huh?

Pages

Peanut Free and Nut Free Community

Click on one of the categories below to see all topics and discussions.

Latest Discussions

Latest Post by Italia38 Wed, 01/15/2020 - 11:03am
Comments: 10
Latest Post by Italia38 Wed, 01/15/2020 - 10:52am
Comments: 2
Latest Post by penelope Tue, 01/14/2020 - 1:03pm
Comments: 1
Latest Post by penelope Sun, 12/29/2019 - 6:21pm
Comments: 2
Latest Post by sunshinestate Sun, 12/29/2019 - 6:00pm
Comments: 3
Latest Post by Italia38 Sun, 12/29/2019 - 5:44pm
Comments: 5
Latest Post by justme Tue, 12/17/2019 - 3:41pm
Comments: 4
Latest Post by justme Tue, 12/17/2019 - 2:39pm
Comments: 45

Peanut Free Store

More Articles

If you have a food allergy, you will probably need to make some changes to your diet...

When love is in the air we can get caught up in the moment and throw caution to the wind. However, if you have a...

Do you have a child with peanut allergies and an upcoming birthday? Perhaps you'd like to bake a...

Many doctors treat allergies, including pediatricians and general practice doctors. When allergies are severe, primary care physicians often refer...

If you are looking for a way to support food allergy education and awareness, you may be interested in a documentary created by a young filmmaker...

The most frightening thing about a severe allergic reaction to a new food is that it can happen so fast. If parents are not looking for allergic...

Skin rashes and itching are common allergic reactions to peanut butter. According to the Mayo Clinic, reactions to peanut butter can happen within...

A low oxalate diet may be recommended to prevent kidney stones from forming. Oxalates are chemicals found in plant-based foods. These may collect...

So many wonderful recipes call for peanut butter. These recipes can still be enjoyed by experimenting with peanut butter replacements.

...

According to the Asthma and Allergy Foundation of America, one out of five people in the U.S. has an allergy. Because there is a...

Hydrogenated vegetable oil sounds healthy because of the word "vegetable" in it. The truth is that it is not very healthy at all because it...

Foods with soy lecithin may need to be avoided if you have a soy allergy. Soy lecithin is present in many different foods. Since it is derived...

At some point in time, most people will suffer from food intolerance or a food allergy. Having an unpleasant reaction to something you have eaten...

The Jaffe Allergy Technique or Jaffe Mellor Technique (JMT) is an alternative approach to addressing symptoms of a variety of health issues, both...

Phenols found in healthy fruits, vegetables and grains could point to food allergies...

Allergies and anxiety are often experienced together, yet there is no scientific evidence that either condition causes the other. The enduring tie...

Tree nuts and peanuts are distinctly different. An allergy to one does not guarantee an allergy to the other. Peanuts are considered legumes and...

What can you eat if you can't eat peanut butter? Fortunately for people with a peanut allergy, there...

A few years ago, a 47-year-old Toronto woman received a lifesaving double-lung transplant. After the transplant, she suffered four anaphylactic...

Whether it's the holiday season, birthdays, or a dinner party, there's always a need for good gift ideas but it gets a bit more challenging when...