More 504 Problems

Posted on: Wed, 09/27/2006 - 4:19am
PA-Mom's picture
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Joined: 09/18/2006 - 09:00

Hello again,
Today the superintendent of the school district told me that the 504 we have in place should have been handled differently. He said something about more people shoud have attended the meeting, etc. Bottom line is I have a 504 signed by the school and me.
He said that he is not requiring a doc signature on the 504 ... NOW he wants consent to contact the allergist because I have asked for a lot and he wants medical documentation to back it up. He said that if a parent calls to complain and if the allergen free room is valid he could say yes and I have documentation. I do have a friend who has a 504 for another reason and this was not required of her.

However, I was warned that this could be a way for the school to try to get out of protecting my child by misinterpreting what the doctor says to their benefit. The 504 is signed by the school and me. He said that if I do not give the school consent to call the allergist he will have to relook at the 504.

She just started Kindergarten and already this is happening. What would you do? Anyone have similar experiences? Please help. Thank you so much.

Posted on: Wed, 09/27/2006 - 4:41am
Jenna's picture
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Joined: 07/09/2000 - 09:00

I would contact your state's Department of Education. They should have someone who deals with disabilites and works with 504's. Ask what is required by you and by the school and explain to them that the school signed a 504 and now only (so many) days later they don't want to honor it. (I would also think that you should be able to make a case to the school that you are being treated differently because of your child's disability as compared to others with a disability. This is discrimination.) It sounds like the school is really giving you a hard time. Hang in there.

Posted on: Wed, 09/27/2006 - 4:55am
Corvallis Mom's picture
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Joined: 05/22/2001 - 09:00

Ohhhh, no. [img]http://uumor.pair.com/nutalle2/peanutallergy/frown.gif[/img]
I see a lot of warning signs in your various posts over the last week!
(sigh) I hope I am wrong, but I wouldn't communicate any more with any of them without documenting it in writing. Meetings? Either tape them or write letters of understanding afterwards. Use e-mail instead of phone calls when you can.
Begin your paper trail now, in other words.

Posted on: Wed, 09/27/2006 - 5:01am
Momcat's picture
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Joined: 03/15/2005 - 09:00

I would advise you to contact OCR.
Cathy

Posted on: Wed, 09/27/2006 - 5:50am
Ohio's picture
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Joined: 05/23/2005 - 09:00

Just thinking out loud (not offering advice)...
Where is it in their 504 policies/procedures that consent to contact the doctor is required for 504 designation?
A 504 is a legally binding contract. Just imagine the superintendent hiring a teacher, signing a contract, and then a few weeks into school pulling the teacher aside and saying "We screwed up. We really should have had more people involved in the hiring process. We need to cut your pay by 30%."
Why must there be documentation from a doctor if the 504 team agreed the accommodations were necessary? The doctor is not an expert on every aspect of school. It sounds like he is trying to pass the buck to your doctor so if a parent calls he can blame you guys rather than justify the decision that the ENTIRE TEAM agreed to.
Now what I would do:
1. Document everything in writing. Send a "letter of understanding" back to the Superintendent regarding what you learned today.
2. Contact the OCR.
3. Contact your state Dept. of Ed. They may have a disability rights group that can offer assistance.
4. Set up a meeting with your allergist to explain the situation. I think it would be ironic if the allergist would recommend even more strict accommodations (e.g., peanut free school). Then what would the school do?
[This message has been edited by Ohio (edited September 27, 2006).]
[This message has been edited by Ohio (edited September 27, 2006).]

Posted on: Wed, 09/27/2006 - 5:53am
Gail W's picture
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Joined: 12/06/2001 - 09:00

Quote:Originally posted by PA-Mom:
[b]Today the superintendent of the school district told me that . . . . more people should have attended the meeting, etc. [/b]
Just curious. . . who were the school district staff on the committee that created the accommodation plan?

Posted on: Wed, 09/27/2006 - 8:36am
PA-Mom's picture
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Joined: 09/18/2006 - 09:00

The people that included the "team" were myself, the school nurse, the school psychologist, the kindergarten teacher and the principal.
During the creation of the 504, they did have a few questions for my doctor which I asked the doctor and gave them answers. One for example was about a unit where they "hatch" baby chicks. My doctor said that was fine because she wouldn't be touching or eatin the eggs. The teacher even said she hoped he would have said no because it is a lot of work and we all laughed.
Also, what is "OCR" that a few people suggest I contact? Thank you for all your opinions.
Thank you so much.

Posted on: Wed, 09/27/2006 - 9:23am
Momcat's picture
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Joined: 03/15/2005 - 09:00

OCR is the US Dept. of Education Office for Civil Rights. They are responsible for enforcing section 504 for schools.
See this web page for contact info:
[url="http://www.ed.gov/about/offices/list/ocr/docs/howto.html?src=rt"]http://www.ed.gov/about/offices/list/ocr/docs/howto.html?src=rt[/url]
Cathy
------------------
Mom to 7 yr old PA/TNA daughter and 3 1/2 yr old son who is allergic to eggs.

Posted on: Wed, 09/27/2006 - 9:40am
Gail W's picture
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Joined: 12/06/2001 - 09:00

Quote:Originally posted by PA-Mom:
[b]The people that included the "team" were myself, the school nurse, the school psychologist, the kindergarten teacher and the principal. [/b]
This looks like a typical 504 committee. Sometimes there is an administrator from the central office, such as the district's 504 Coordinator.
I guess a question to the Superintendent might be something like, "Do you require [i]every [/i]parent whose child has a disability to sign such a release? Or are you applying this requirement only to [i]me[/i]? " Can he point you to the school district's policy that states who is to comprise the 504 team?
I understand that the Superintendent might assert that the 504 team should be comprised of individuals 'knowledgeable about the student' and the disability, and that your allergist 'should' have therefore been included.
But unless they apply this same procedure to every child who has 504 accommodations, then I can't see how they can selectively do this to you. That's the question, IMO, to OCR.
Quote:Originally posted by PA-Mom:
Also, what is "OCR" that a few people suggest I contact? [/B]
[url="http://www.ed.gov/about/offices/list/ocr/qa-disability.html"]http://www.ed.gov/about/offices/list/ocr/qa-disability.html[/url]

Posted on: Wed, 09/27/2006 - 12:48pm
Rosemary S's picture
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Joined: 12/31/2005 - 09:00

Hi PA-Mom,
I agree with all of the excellent advice given by others in this thread:
Contact OCR to determine their opinion, contact the State DOE to determine their opinion, and state laws if applicable, and ask the super to produce a copy of the policy requiring

Posted on: Thu, 09/28/2006 - 10:39pm
Gail W's picture
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Joined: 12/06/2001 - 09:00

Quote:Originally posted by PA-Mom:
[b]The people that included the "team" were myself, the school nurse, the school psychologist, the kindergarten teacher and the principal.
During the creation of the 504, they did have a few questions for my doctor which I asked the doctor and gave them answers. [/b]
So your allergist [i]did [/i]have input into the accommodation plan, but they're missing the documentation that he did?
Similar to Rosemary's suggestion, could you write your allergist a sort of 'letter of understanding' describing your phone conversations during the accommodation phase, and ask him to simply confirm that these conversations actually occurred to confirm/document his recommendations?
That way the superintendent gets the confirmation he wants, your allergist doesn't have to go through it again because you've written it all up for him (all he needs to do is to respond in writing "yes"), and you don't have to sign a general release. . .
[This message has been edited by Gail W (edited September 29, 2006).]

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