MASSACHUSETTS DUE PROCESS HEARING

Posted on: Tue, 03/23/2004 - 9:25pm
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M
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Hello,
I am new to this site, and was hoping someone could help me with a few questions.
At what point should Parents' request a hearing?
Has any parent(s) at this site filed for a hearing with the BSEA? Why/Why not
Are their any docomented Due Process Hearing's regarding life-threatening food allergies (PA/tn) other than Cascade School District? (Looking for BSEA in US)
Thank you for your help - Great site!
M

Posted on: Tue, 03/23/2004 - 11:21pm
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[url="http://uumor.pair.com/nutalle2/peanutallergy/Forum7/HTML/001056.html"]http://uumor.pair.com/nutalle2/peanutallergy/Forum7/HTML/001056.html[/url]
Is this the "Cascade" Case? (link in thread)
[This message has been edited by MommaBear (edited March 24, 2004).]

Posted on: Wed, 03/24/2004 - 12:41am
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Joined: 03/23/2004 - 09:00

Yes it is.

Posted on: Fri, 03/26/2004 - 10:40am
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Joined: 03/23/2004 - 09:00

I would have to say that judging by the response to my question, there had not been many cases brought forth to the Bureau of Special Education Appeals. Is it because the reward(s) will not be greater than the effort expened? Thanks
M

Posted on: Fri, 03/26/2004 - 11:23am
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Joined: 03/14/2003 - 09:00

Hi M, and welcome! I think you are right about the amount of your responses. I dont think anyone is ignoring you, but I can say I dont remember anyone from this site going to due process. Not to say it hasnt been done, just don't remember anyone here having that situation.
Personally, this is our first school year, so we havent had any problems where we needed to. Wish I could help you.

Posted on: Wed, 03/31/2004 - 1:36pm
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M
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Joined: 03/23/2004 - 09:00

Thanks! Momma2boys for the reply, it was nice of you. I was reading the Due Process PN Allergy Parents vs School- School Wins Topic. I noticed that K posted a few times and I was hoping that someone might know this person and could give them my email.
Thanks again!
M

Posted on: Fri, 04/02/2004 - 12:38am
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Joined: 09/22/2001 - 09:00

Hey M!
It's me K. Give me your email and I'll contact you.
Best~
K

Posted on: Fri, 04/02/2004 - 7:23am
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Joined: 08/02/2002 - 09:00

A member at another site I belong to has just reported that the MA BSEA has ruled in favor of a peanut allergic child in the Mystic River Valley Charter School that the school must provide a peanut and nut-free environment for the child.
To receive a copy of the decision, you can call BSEA (Bureau of Special Education Appeals) in MA at (781) 338-6400. Ask to speak with Reece Erlichman (Asst. Director), and ask for a copy of BSEA #03-3629.
Unfortunately, their website is still in development, and the decision is not currently available in electronic form. However, they are willing to mail out a copy of the decision.
Details are scarce at the moment, but the member reported that the decision was about 32 pages, and the ruling referenced the MA DOE Guidelines several times.
It is not clear whether the school will appeal this ruling.
Can't wait to read it!
I am willing to post more info about it once I've reviewed the ruling (unless someone else beats me to it) [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img]
[This message has been edited by Nutternomore (edited April 03, 2004).]

Posted on: Fri, 04/02/2004 - 3:14pm
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Joined: 08/02/2002 - 09:00

With the caveat that I have not been able to independently verify the accuracy of the following statement, it is being reported that the following accommodations were made in that case...
1) No peanut/tree nut products are allowed in Student's classroom.
2) All other accommodations accepted by Parents shall continue to be implemented.
3) Child must have access to all classroom activities such as the celebration of the Chinese New Year, accommodated accordingly
ie., no restaurant prepared food, food preparation not to include peanut oil, etc.
4) Letter to parents of classmates must describe Student as a child that has a "life-threatening allergy" not a "severe reaction" which is misleading. Provide an informational session to Parents and additional training to staff timely.
5) Provide an orientation to Student's classmates regarding Student's life-threatening peanut/tree nut allergy.
The student was in first grade.
The BSEA did comment to me that the [i]life-threatening nature [/i] of student's peanut allergy played an important role in the decision.
Can't wait to read this one!

Posted on: Fri, 05/21/2004 - 3:17pm
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Joined: 08/02/2002 - 09:00

Linking....the case has been posted here...every parent in the US should become familiar with this case!
[url="http://uumor.pair.com/nutalle2/peanutallergy/Forum7/HTML/001420.html"]http://uumor.pair.com/nutalle2/peanutallergy/Forum7/HTML/001420.html[/url]

Posted on: Sat, 06/19/2004 - 12:08pm
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Joined: 05/02/2004 - 09:00

A great document!!!

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