need help fast

Posted on: Wed, 09/05/2007 - 2:50am
raven's picture
Joined: 07/23/2007 - 09:00

The school my DS pa/tna attends has not met any of the accomidations for my son. They are suppose to have an aide for him. This aide has yet to be hired and we are half way through our second week of school. Second I was told that there are about 10 other students with food allergies and that they all sit at a table together. Well the first day of school They sat my son at a table pulled away from the others all by himself, it was also out in the sun when everyone else gets to sit in the shade.

I talked to them about both situations and was told that they are working on the aide and should have one hired by the end of this week. My problem with that is that they aide is the one that is to give the epi if needed. Until the aide if hired they have to hunt down the principal or they will find my 9 year old daughter to give the epi to her brother. That one is so wrong on so many levels it makes me want to rip heads offf.

I talked to them about lunch and he still sits by him self but he got a table in the shade, until yesterday. I had gone to sit with him (have been since the start of school until he gets his aide) and a teacher comes up to me and says that they added a new first grade class and that they have now where to sit so they have to sit with my son. I was told that as long as the kids sit on the other side of the table and eat there pb and their fruit and nut bars that they consider this safe enough. The principal even came and told that DS has been fine and he thought this was a great solution to his problem. I guess the principal is forgetting that DS had to go home early on Firday because he felt like he was going to vomit. I gave him some benadryl and he felt fine about 15-20 min later.

I really need some advice on what to do here. I am thinking about making them provide an at home teacher until they get all of his accomidations done. But I don't want him to miss this time for making friends.


Posted on: Wed, 09/05/2007 - 4:03am
April in KC's picture
Joined: 08/28/2006 - 09:00

Bump up.
I hope someone has some good suggestions. I'm sorry this is what you and your son are facing.
Do you have a written health plan or IEP or 504 on file with your school? Does the school have a school nurse who might become an advocate for your child's needs?
I know there are folks here who can point you in the right direction - even to point out the parts of the Americans with Disabilities Act that pertain to people with food allergies.
Thanks - April

Posted on: Wed, 09/05/2007 - 4:09am
chanda4's picture
Joined: 12/14/2006 - 09:00

I would pull my child so fast from school, the principal's head would spin! No way would I allow my son to attend school without his accommodations 100%. Are the accommodations you have in a 504 or just a verbal agreement?? If your child's 504 is being violated, time to call in OCR. If this is a verbal agreement, the school will continue to drag their feet and make excuses because there is no law/legal document that says they have to(unless you have a 504). So I am not sure which pertains to your situation....
Chanda(mother of 4)
Sidney-8 1/2(beef and chocolate, grasses, molds, weeds, guinea pig, hamster & asthma)
Jake-6 1/2(peanut, all tree nuts, all seeds(sesame, sunflower, poppy, pine nut) beef, chicken, eggs, coconut, green beans/all beans, trees, grasses, weeds, molds, cats, dogs, guinea pig & eczema & asthma)
Carson-4 (peanut, tree nuts, milk, soy, egg, beef and pork, cats, dog, guinea pig, hamster, grass, mold, dust mite and EE)
Savannah-1 1/2 (milk, beef and egg, dog(avoiding peanuts, tree nuts, strawberries, seeds, legumes and corn)

Posted on: Wed, 09/05/2007 - 4:23am
Greenlady's picture
Joined: 06/30/2004 - 09:00

OMG - it's actually the school's plan that if they can't find the principal they would have a 9-year old student administer the epipen??? I gather that the teachers are refusing training? This is absolutely unacceptable.
If you don't have a 504 in place right now, the first thing I'd do is talk to your allergist and get him to write a letter that it's a medical necessity that a competent ADULT be available to administer an epipen at all times. Then I'd send it to the principal and whoever is his boss - the district supervisor, or the superintendent. I'm sure any school lawyer who learned that your school had such a crazy plan would jump in fast. The liability for the school is enormous.
As far as the lunchtime seating, if your son is sharing his table with pb eaters anyway, why not have his class sit there? My son eats at a peanut-free table, but with kids from his class who buy their lunch or don't pack pb.
Once you get the epipen situation fixed and the lunchtime seating, then I'd suggest working on getting a 504 designation. It takes a while, but it's worth it!

Posted on: Wed, 09/05/2007 - 6:27am
Greenlady's picture
Joined: 06/30/2004 - 09:00

Just read your post more carefully, and I see that your son had a possible reaction after having kids eating pb at his table. I would talk to your allergist about that, too, and include it in the doctor's letter.
Good luck!

Posted on: Wed, 09/05/2007 - 7:09am
raven's picture
Joined: 07/23/2007 - 09:00

I do have a 504. I have called and left a message with the district 504 cordinator. I have tried to call my allergist but she is on vacation until the 18th. I guess she needed a break after all the back to school visits she had.
I talked to the principal again and he still does not want to disrupt the current lunch arrangements by having all the hot lunch kids sit together. He just put a piece of tape down the middle of the table and told the kids that they had to stay on one side of the tape.
I was also told that it would be another week until the aide is hired because they are waiting for 2 people to finish their applications. When I asked why they had to wait he told me that it was not fair if they hired someone with looking at all of the applications. I wanted to scream at him that it is NOT fair for my son to have to wait another week for his accomidations to be made.
I am going to wait for the district 504 to call me and if things don't start moving then, I will be seeking an lawyer.

Posted on: Wed, 09/05/2007 - 7:47am
Corvallis Mom's picture
Joined: 05/22/2001 - 09:00

Ask (IN WRITING-- e-mail is fine) for the 504 Coordinator to send you a copy of the district's procedural safeguards-- it may be in their 504 handbook.
If that isn't forthcoming (ie- 2 days), ask again-- about parent grievance procedures.
IN WRITING. No more phone calls.
Document, document, document. The principal is modifying an accommodation with the tape, right? Is he trying to circumvent your allergist's medical orders regarding your child?
It also would not hurt to call OCR about a timeline for IMPLEMENTING ACCOMMODATIONS. Because they haven't met them yet. Ask about keeping your child home until your allergist 'has had a chance to review the changes they have implemented and comment upon their suitability.'
When was your 504 plan signed? It's my impression (maybe I missed this) that it was last spring sometime? Certainly enough time for them to have hired an aide.
EAT: In light of how laissez faire the attitude of the principal is ('Oh, it's [i]fine[/i] as long as he's not eating it, the parents are just freaking out'-- am I right?) and how s/he seems comfortable violating the medical orders regarding your child, NO WAY would I be sending him back until you have this straightened out. He has already been placed in a situation which is dangerous according to you and your allergist.... and there is NOBODY THERE TO ADMINISTER MEDICATION. That is [i]crazy.[/i] I am all for social normalcy-- but not at that kind of price.
Frankly, given that you've applied a good-faith effort with the principal and you are being effectively IGNORED, I'd lower the boom on them. Pronto.
[This message has been edited by Corvallis Mom (edited September 05, 2007).]

Posted on: Wed, 09/05/2007 - 8:33am
TwokidsNJ's picture
Joined: 05/28/2005 - 09:00

I would:
1) issue in writing why this is unacceptable and not in compliance w/ 504
2) threaten not to send him to school
3) say you need to go eat lunch w/ your child
4) recommend they hire a substitute nurse that can give Epi until designess can be trained and in place (and that does NOT include his sister!)

Posted on: Wed, 09/05/2007 - 9:48am
raven's picture
Joined: 07/23/2007 - 09:00

in respones to your sugestions
1. I am going to work with my husband tonight on a letter to the school
2. I am very close to telling them to provide me with the homeschool aide until the accomidations are met.
3. I am already eating lunch with him everyday. part of me wonders if I am enabling them to delay the requirements because I am able to eat with him everyday.
4. I have talked to the school nurse and she will now be spending a lot of time there. She was under the impression that the aide had already been hire and is very upset because she let them know about it last year. As for getting other people at the school trained that is a problem. For what ever reason this district read the california education code as requiring cpr certification to be able to give and epi-pen. They cannot force a teacher to get cpr certified and the teachers union frowns upon it so it seems next to impossible to get the teachers trained. I have tried to show them other districts around here that let teachers give epi without cpr cert. but they wont listen they just want to CYA. But I don't think they see the bigger liability they are causing with this.
I keep telling them that this is exactly the same as a child drowning in a pool and no one throwing the life preserver because they are not cpr cert. They tell me that this is not the same situation and that I am twisting words. They just seem so bullheaded and uncaring. I hate school right now.

Posted on: Thu, 09/06/2007 - 3:54am
raven's picture
Joined: 07/23/2007 - 09:00

Well after threatening legal action my son has his aide today. They hired one from an outside source until they can get one of their own hired. We are also going over his 504 plan again today to make sure that there will be no problems like this again.
Thanks for all your help and input.

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