Quote:Originally posted by Gail W:
[b]What "criteria" or hard data would you use, MommaBear, that would support a OHI designation for a PA child who is doing well academically in school? [/b]
Under what circumstances? With a 504 plan? I mean, should I use the argument:
What "criteria" or hard data would you use, GailW, that would support an 504 designation for a PA child who is doing not having reactions in school who has an IHP?
do you see what I'm saying? [i]What is the Standard[/i]? And I don't mean grades. Grades are late in the game. Before that.
[i]The end doesn't justify the means.[/i]
But hey, I could be wrong. I've said before, I don't know if I'm understanding this right, but it seems hypocritical of folk to manuever around "labels" and seek the benefits of "disabled" if they despise the very premise they are founded upon.
I mean, small example: look at the number of "1:1" aides parents of food allergic children are *demanding* for their children [i]under 504[/i] and then proclaiming: "Lack of funds cannot be an excuse to deny services!"
Especially when I see the logic in what I see.
They want staff devoted to supervising lunch sacks, washing hands, cleaning desks, lunch menus revamped, etc.....but shy away from what I can logically see fits the situation. But maybe my logic is off.
Answer me. Is my logic off? To lump this logic: Does lack of safe access mean a school should prohibit attendance? Does lack of attendence indicate learning is affected. I mean, what is the expectation wrt: attendance? Level the playing field. Are we asking for least restrictive environment? Is a child who cannot attend school safely at a disadvantage wrt "learning" than a child who can?
No advice, not at all. With limited understanding, if any, I ask these questions and question my own logic.
And please, I feel I've already answered this several times and in many conversations. Maybe I don't understand your question. The circumstances you imply, I mean.

Gail. I've had an epiphany.
Hypothetically:
Hard data:
The criteria that if a child cannot attend school in safety, then a child cannot attend. Attendance is prohibited. And this affects learning [i]by default[/i]. It is a ramification.
The criteria that a child has a *right* to "safe access".
The criteria that a child has a *right* to safe access in the least restrictive environment.
The criteria that a child has a *right* to documentation of remedial intervention and services to accommodate these needs under the logical conclusion that [i]lack of access does affect learning[/i]. Or why does the Institution of Primary and Secondary Education exist? Hey, I'm under no obligation to prove such institutions necessary, but aren't they?
The criteria that a school has a *right* to access whatever resources are available to aide in the provision of these remedial interventions and services in order to promote the current and future establishment, monitoring, maintenance, and possible revision of such provisions for society in general.
General Disclaimer: I am not offering advice in any manner or form. Feel free to add. It's only a wild hypothetical guess.

Quote:Originally posted by Gail W:
[b] Yes, that was my scenario. Mariah had an IHP and never experienced anaphylaxis at school.
I used a medical diagnosis provided by a board certified allergist that included laboratory testing and past history. That met the criteria/data as defined by Section 504 of the Rehabilitation Act of 1973.[/b]
Just because something meets the criteria/data from "Section 504 of the Rehabilitation Act of 1973" does that necessarily mean it doesn't meet the criteria for IDEA?
In the reverse, I've heard that if one meets the criteria for IDEA, one meets the criteria for 504? Is this true?

Quote:Originally posted by MommaBear:
[b]
The criteria that a school has a *right* to access whatever resources are available to aide in the provision of these remedial interventions and services in order to promote the current and future establishment, monitoring, maintenance, and possible revision of such provisions for society in general.
[/b]
[i]and that they are OBLIGATED to.[/i]
General Disclaimer: I am not offering advice in any manner or form. Feel free to add. It's only a wild hypothetical guess.

Quote:Originally posted by Gail W:
I can't think of a reason. If my school district would have offered me an IEP for her PA, I would have gladly accepted it. [b](BTW, my PA DD has an IEP for her learning disability and a 504 plan for her PA.)
[/b]
what do you think of this:
[url="http://www.504idea.org/504overview.html#IVA"]http://www.504idea.org/504overview.html#IVA[/url]
scroll down to:
[i]"IV. Border Issues
A. IDEA eligible students who also have 504 disabilities"[/i]
General Disclaimer: I am not offering advice in any manner or form. I do not guarantee the accuracy, currentness, or content of the link in this post.

Quote:Originally posted by Gail W:
[b] I think it's harder to make a case for OHI because (generally speaking) children with PA attending school don't have "record" of their "academic performance" adversely affected by their PA.
What "criteria" or hard data would you use, MommaBear, that would support a OHI designation for a PA child who is doing well academically in school?
[/b]
please read point 4. :
[url="http://www.listen-up.org/rights2/osep14.htm"]http://www.listen-up.org/rights2/osep14.htm[/url]
from
[b]UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICE[/b]
General Disclaimer: I am not offering advice in any manner or form. I do not guarantee the currentness, content, or accuracy of the link in this post.

As I understand it, not only is my child afforded protection through the the Individuals with Disabilities Education Act (IDEA), but [b]also[/b] by the Americans with Disabilities Act. Do I understand correctly?

Quote:Originally posted by MommaBear:
[b] If accommodations need to be made in order that my child be able to access learning and attend in safety, then what would be the appropriate designation? IEP or 504? I mean, why, in addition to IDEA was 504 created?
[/b]
Don't have much time, but a quick comment. MB, you've got it backwards. 504 was created [i]prior[/i] to IDEA. The focus was different. 504 is civil rights legislation - that's why there is no funding component associated with it. It's intent was to level the playing field and provide FAPE in LRE.
IDEA, on the other hand, as you know, does provide a funding component. So, from a pragmatic perspective, sometimes a school (faced with a situation where they might either support 504 or IDEA designation), might steer parents in a particular direction (i.e. IEP w/OHI designation under IDEA) in order to utilize federal funding.
So, IMHO, sometimes, it can be all about the money...
I don't have any experience in creating an IEP w/OHI, but I concur w/Gail's interpretation.
Passage sould have stated that accommodations can be written as the 504 plan or IEP and the IHP can then be added to it as an acccommodation.

Quote:Passage sould have stated that accommodations can be written as the 504 plan or IEP and the IHP can then be added to it as an acccommodation.[/B]
This answers my question perfectly...the passage is wrong. The wording is wrong. IHP can be ADDED to the 504 or IEP. Thank you Nutternomore. I will be fine with IEP or 504, whatever the school wants, but I refuse to let the school tell me that IHP is enough.