OCRs guidance on what should be in 504 plans for PA students

Posted on: Mon, 04/09/2007 - 10:12pm
anonymous's picture
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Joined: 05/28/2009 - 16:42

A reference to this OCR report was also posted a few days ago in a list of links by gvmom, but I'd like to call it out since I feel that it's significant. OCR gives specific guidance on what should, at a minimum, be in 504 plans for PA students to satisfy the FAPE requirement. Here's a quote:
"In order to provide students with FAPE and meet the above-referenced standards, each student's plan must be based on an individulized consideration of the student's needs. However, as a general matter, plans such as the Student's should generally include either the following elements or references to the District or School documents that contain these elements:"

I won't list them here in detail- please see the link below for the full text.

Here's another significant OCR quote:
"The District must provie the Student with an environment in which he does not face a significant possibility of experiencing serious and life-threatening reactions to his environment while he attends District schools because it provides the vast majority of District students without disabilities with such an environmnet. With respect to the Allegation, we interpret these standards to require that the District not serve PTs in the cafeteria (we also interpret these standards to prohibit the sale or serving of PTs anywhere on School premises, including in vending machines, at School dances, athletic events, or other functions, or at School-sponsored programs or activities taking place off School premises)"

PT=peanut and tree nuts

I found a link this IDELR report: (47 IDELR 22) Saluda (SC) School District One Office for Civil Rights, Southern Division, D.C. (SC). August 4, 2006.

[url="http://listserv.doe.state.in.us/pipermail/snurses/attachments/20070201/9..."]http://listserv.doe.state.in.us/pipermail/snurses/attachments/20070201/9...

Posted on: Mon, 04/09/2007 - 11:12pm
Gail W's picture
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Joined: 12/06/2001 - 09:00

Excellent find! I've never read that before. This is a finding from just 8 months ago and is very specific to what are appropriate accommodations for peanut allergy.
[b]This is awesome. [/b]
Great job gvmom!!! Thanks for pointing me to this Stephie's Mom! I had missed it. (Now I understand that this is what you were pointing me to, gvmom.)
This case is REQUIRED READING in my opinion. I like that it has it's own thread.
[This message has been edited by Gail W (edited April 10, 2007).]

Posted on: Tue, 04/10/2007 - 3:51am
mistey's picture
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Joined: 01/18/2004 - 09:00

This is exactly the kind of thing that I have been looking for! Thank you so much!!

Posted on: Tue, 04/10/2007 - 1:04pm
Nutternomore's picture
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Joined: 08/02/2002 - 09:00

Quote:Originally posted by Gail W:
[b]Excellent find! I've never read that before. This is a finding from just 8 months ago and is very specific to what are appropriate accommodations for peanut allergy.
[b]This is awesome. [/b]
Great job gvmom!!! Thanks for pointing me to this Stephie's Mom! I had missed it. (Now I understand that this is what you were pointing me to, gvmom.)
This case is REQUIRED READING in my opinion. I like that it has it's own thread.
[This message has been edited by Gail W (edited April 10, 2007).][/b]
I'll second those thoughts. Wow! This is an extremely significant case, [i]due to its specificity in addressing many of the common issues that people struggle with schools about with respect to accommodations.[/i]
We've been waiting a long time for some specific OCR cases like this to see the light of day, and help us protect our childrens' right.
This is a gem [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img] - a significant new tool to add to the arsenal.

Posted on: Tue, 04/10/2007 - 1:27pm
gvmom's picture
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Joined: 08/24/2005 - 09:00

I can't take full credit for this. Momcat told me about the case, summarized the findings for me in an email, and mentioned where the full abstract might be available locally. A law library in town. I, being me, wanted to see if I could find it on the internet. So, in my searchings, I happened upon this very interesting email pertaining to the case. Of course, it does make me want to get the full copy of the proceedings.

Posted on: Tue, 04/10/2007 - 1:46pm
Momcat's picture
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Joined: 03/15/2005 - 09:00

gvmom,
If you still have the citation, please post it for everyone. I don't have it with me right now.
Cathy
Ah, never mind, I see it now at the bottom of the first post. I did look it up and it seems to be available at the Alameda County Law Library in Oakland. I really need to get up there sometime and photocopy it!
[This message has been edited by Momcat (edited April 10, 2007).]

Posted on: Tue, 04/10/2007 - 2:07pm
gvmom's picture
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Joined: 08/24/2005 - 09:00

Wait a minute!!! *SMACKING FOREHEAD*
STEPHI!!!!!!!!! HOLY COW!!!!!!!!! I'm such a moron!!!
I posted this link:
[url="http://listserv.doe.state.in.us/pipermail/snurses/2007-January/002066.html"]http://listserv.doe.state.in.us/pipermail/snurses/2007-January/002066.html[/url]
It is a link that gets you to an email talking about what Stephi actually posted.
Momcat, isn't the link that Stephi posted the document that you'd find at the law library?!!!!!!!!!!!!!!

Posted on: Tue, 04/10/2007 - 2:15pm
gvmom's picture
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Joined: 08/24/2005 - 09:00

****BOWING DOWN TO STEPHI****
I'm not worthy.... I'm not worthy.....
Seriously, I just read through that. This almost feels like the Holy Grail.

Posted on: Tue, 04/10/2007 - 2:17pm
Gail W's picture
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Joined: 12/06/2001 - 09:00

Stephi, how did you find this?
The company with the copyright (LRP) has an interesting website: [url="http://www.shoplrp.com/spec_ed/cat-504.html"]http://www.shoplrp.com/spec_ed/cat-504.html[/url]
BTW, I wrote to OCR today and request a transcript plus any other additional information, including the Voluntary Agreements, in this case.

Posted on: Tue, 04/10/2007 - 5:10pm
MommaBear's picture
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Joined: 09/23/2002 - 09:00

Did anyone notice it's called a [b]"Special Ed Connection Case Report"[/b].....?

Posted on: Tue, 04/10/2007 - 9:35pm
anonymous's picture
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Joined: 05/28/2009 - 16:42

I just sent these links to our current principal, future principal for next year, school nurse, and next year's guidance counselor, noting that these were good reads and included many procedures that have been implemented by our school district the past 5 years.
Way to go for posting these links!!!

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