School district making this difficult....help?

Posted on: Fri, 05/05/2006 - 11:33am
MattsMommy's picture
Offline
Joined: 07/29/2002 - 09:00

The school district has so far really been dragging their feet. I STILL don't have a date for the eligibility meeting, or even an estimated timeline. I'm becoming very frustrated. I outright asked the school 504C to email me with a time and date as soon as possible. Her reply was that she'd be sending out information about the meeting "shortly." So I wait.

Also, I requested the "procedural manual" for the school district be sent to me. I received (nearly two weeks later and after a second request) a "Parent's Guide to 504". In the guide it states that parents will receive the "Procedural Safeguards Handbook." In my most recent email I thanked her for sending the Parent's Guide but as stated int hat guide I still needed the Procedural Safeguards Handbook. I used THEIR terminology. I got a reply late today that the only manual or handbook she knows of is the one she sent. ???? I'll look into that more on Monday.

Lastly, after receiving my email yesterday, the school nurse (the fill in..the reg nurse quit)called me this morning. She wanted me to come by and sign a release for them to speak directly with the allergist.

I very politely said I had a letter from him and that it had all they would need in it...it confirms his allergy, describes the severity of it, what needs to be done in case of a reaction, and that measures need to be taken to avoid exposure. She again asked "are you sure I couldn't jsut call him and talk to him directly?" I again stated the letter had all she needed and that I would drop it off today before she left!

I took the letter about an hour later and she AGAIN asked me to sign the release that allows anyone in the school district AS WELL as someone from county public health office to discuss my son with our allergist. I just told her that if she needed something specific to let me know I'd get that for her.

I'm very frustrated. My gut says don't sign such a document..why do they need public health involved? And why would they want to speak to him directly? If I felt they had Matthew's best interest at heart I think I'd allow it, but thus far they've been resistant to the whole 504 plan, have stalled at every opportunity, and have twice had the nurse call me to do their dirty work as I put it (had her call to try and tell me their Action Plan was all we needed and "hey, maybe we wouldn't need a 504 for AT ALL!" nand then had her call today to get me to sign that release). The Action plan is just instructions as to what a reaction looks like, and how to treat it. Yeah right..THAT would cover everything. They aren't advocating for Matthew...and I see no reason to let them try and twist his words, or fish for answers that they want. I feel strongly that's what they'd do.

Sorry to ramble as usual. I'm just frustrated. I feel strongly they'll really question my hesitation in signing that release to let them contact the doctor directly. I want to have an answer prepared. Any suggestions?

Also, how do I get this process started? They've been stalling for almost 3 weeks now. If I at least had a date for the meeting I'd feel better, but they won't commit to it. Any suggestions there?

I think the ball is in their court and I'm sorta stuck. Any ideas?

Maddy

Posted on: Fri, 05/05/2006 - 12:10pm
anonymous's picture
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Joined: 05/28/2009 - 16:42

Get a parent advocate NOW, let them go with you. Even better, if you can afford a lawyer, do that.

Posted on: Fri, 05/05/2006 - 9:56pm
anonymous's picture
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Joined: 05/28/2009 - 16:42

I'm sorry for the problems you're having. It sounds as if you've done everything right so far, so I suggest you very matter-of-factly tell them the things you stated in this paragraph:
quote:
"And why would they want to speak to him directly? ***If I felt they had Matthew's best interest at heart I think I'd allow it, but thus far they've been resistant to the whole 504 plan, have stalled at every opportunity,*** and have twice had the nurse call me to do their dirty work as I put it (had her call to try and tell me their Action Plan was all we needed and "hey, maybe we wouldn't need a 504 for AT ALL!" nand then had her call today to get me to sign that release). ***The Action plan is just instructions as to what a reaction looks like, and how to treat it. Yeah right..THAT would cover everything. They aren't advocating for Matthew***...and I see no reason to let them try and twist his words, or fish for answers that they want. I feel strongly that's what they'd do."
I think you said it all very well right there - particularly the parts I set off with ***. You've been up front so far, why start beating around the bush now? I believe you can present a rational, logical point-of-view to the school without ruffling feathers. If that still doesn't work, I'd get the advocate.
Good luck.

Posted on: Fri, 05/05/2006 - 11:57pm
mommyofmatt's picture
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Joined: 03/12/2004 - 09:00

Sorry you're having trouble...I can't contribute with any personal experience, yet. Right now, I'm just an avid reader on 504's, getting ready for my own request.
I think bandbmom had similar trouble with their school in asking for a blanket consent form to be signed.
Have you discussed the school's request with your allergist? Would HIPAA laws of patient's right to privacy help the allergist to respond to their blanket consent form request with a letter that your son has privacy rights and all requests need to be funneled through his parents?
You could sort of set up your allergist, who is very busy and has no time to be fielding multiple calls from multiple people on an issue that he is bound by law not to discuss in detail, as the "roadblock" to the school's request?
Just a thought which I think someone else suggested in another thread. I don't know if anyone has tried that angle yet.
Good luck! Meg

Posted on: Sun, 05/07/2006 - 1:24am
bandbmom's picture
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Joined: 12/14/2005 - 09:00

Hi Maddy - This is the exact same thing we have been fighting in our SD. We requested a 504 on Jan. 5th and are just now finally getting an elig. meeting tomorrow, May 8th. They wanted us to sign a blanket release as well and when I refused (in writing), the district initiated a due process hearing to override our refusal to sign the consent. We let the 504-C have a teleconference w/the allergist and it was a waste of time because it still took almost two months for them to schedule the elig. meeting. The questions she asked the allergist had nothing to do w/anything and her comment after the call was that "nothing the allergist told me says that Brandon's condition is remarkable in anyway" and "compared to other children in the district with cardiac problems and seizure disorder, there is nothing remarkable about your child".
You SD is stalling, obviously you know that. They probably will not proceed w/scheduling an elig. meeting until you sign and they get what they want. My guess is that they are not giving you the procedural safeguards because it states they have 30 school days to set up the elig. meeting after you give permission to eval. for 504. Did you sign a form giving them permission to eval. your child? What type of info is in the 504 guide you received? Is there anything that gives timeframes for when the elig. meeting should be scheduled? I would go over that guide w/a fine tooth comb and try to find something in your favor.
A few ideas for you. I would suggest going above the 504-C to the superintendent and ask for the procedural safeguards. We received these once they scheduled the elig. meeting, which is probably all they are required to do. Because they are stalling so they can get the consent signed, they will delay letting you know what your rights are. If you don't get anywhere with the super., contact the super. in your ISD and ask them for the procedural safeguards.
I would try to hold off signing the consent as long as possible. Your gut is right; you shouldn't sign it and I can't figure out why the health dept. would need to be involved. If the nurse asks again, I would suggest taking the form from her and say that you need to discuss it with your husband and/or attorney first. If you can somehow get the information on the procedural safeguards and it states, like in ours, that they have 30 school days to schedule an elig. meeting after requesting a 504, then let them delay and mark the days on the calendar. As soon as 31 days hits and you still don't have an elig. meeting, you've got them and they're in violation of your parental rights. You can then file with formal complaint against them with the Dept. of Education, Office for Civil Rights and/or the ISD. Don't refuse to sign the consent in writing like I did, just do it verbally.
If they continue to push for the consent, also try asking them to put their questions in writing first so you can review it. This didn't work for me, but it's worth a try.
If it comes down to it and you are backed into a corner about signing the consent, I would consider giving permission to the only the school nurse for one phone call with you present.
I'm very curious as to why the regular nurse quit. Have you heard the reason?
I hope this info helps. Please post if you have any questions. I'll try to help as best I can.
Sorry you have to go through this.
Tracy

Posted on: Fri, 05/05/2006 - 12:10pm
anonymous's picture
Offline
Joined: 05/28/2009 - 16:42

Get a parent advocate NOW, let them go with you. Even better, if you can afford a lawyer, do that.

Posted on: Fri, 05/05/2006 - 9:56pm
anonymous's picture
Offline
Joined: 05/28/2009 - 16:42

I'm sorry for the problems you're having. It sounds as if you've done everything right so far, so I suggest you very matter-of-factly tell them the things you stated in this paragraph:
quote:
"And why would they want to speak to him directly? ***If I felt they had Matthew's best interest at heart I think I'd allow it, but thus far they've been resistant to the whole 504 plan, have stalled at every opportunity,*** and have twice had the nurse call me to do their dirty work as I put it (had her call to try and tell me their Action Plan was all we needed and "hey, maybe we wouldn't need a 504 for AT ALL!" nand then had her call today to get me to sign that release). ***The Action plan is just instructions as to what a reaction looks like, and how to treat it. Yeah right..THAT would cover everything. They aren't advocating for Matthew***...and I see no reason to let them try and twist his words, or fish for answers that they want. I feel strongly that's what they'd do."
I think you said it all very well right there - particularly the parts I set off with ***. You've been up front so far, why start beating around the bush now? I believe you can present a rational, logical point-of-view to the school without ruffling feathers. If that still doesn't work, I'd get the advocate.
Good luck.

Posted on: Fri, 05/05/2006 - 11:57pm
mommyofmatt's picture
Offline
Joined: 03/12/2004 - 09:00

Sorry you're having trouble...I can't contribute with any personal experience, yet. Right now, I'm just an avid reader on 504's, getting ready for my own request.
I think bandbmom had similar trouble with their school in asking for a blanket consent form to be signed.
Have you discussed the school's request with your allergist? Would HIPAA laws of patient's right to privacy help the allergist to respond to their blanket consent form request with a letter that your son has privacy rights and all requests need to be funneled through his parents?
You could sort of set up your allergist, who is very busy and has no time to be fielding multiple calls from multiple people on an issue that he is bound by law not to discuss in detail, as the "roadblock" to the school's request?
Just a thought which I think someone else suggested in another thread. I don't know if anyone has tried that angle yet.
Good luck! Meg

Posted on: Sun, 05/07/2006 - 1:24am
bandbmom's picture
Offline
Joined: 12/14/2005 - 09:00

Hi Maddy - This is the exact same thing we have been fighting in our SD. We requested a 504 on Jan. 5th and are just now finally getting an elig. meeting tomorrow, May 8th. They wanted us to sign a blanket release as well and when I refused (in writing), the district initiated a due process hearing to override our refusal to sign the consent. We let the 504-C have a teleconference w/the allergist and it was a waste of time because it still took almost two months for them to schedule the elig. meeting. The questions she asked the allergist had nothing to do w/anything and her comment after the call was that "nothing the allergist told me says that Brandon's condition is remarkable in anyway" and "compared to other children in the district with cardiac problems and seizure disorder, there is nothing remarkable about your child".
You SD is stalling, obviously you know that. They probably will not proceed w/scheduling an elig. meeting until you sign and they get what they want. My guess is that they are not giving you the procedural safeguards because it states they have 30 school days to set up the elig. meeting after you give permission to eval. for 504. Did you sign a form giving them permission to eval. your child? What type of info is in the 504 guide you received? Is there anything that gives timeframes for when the elig. meeting should be scheduled? I would go over that guide w/a fine tooth comb and try to find something in your favor.
A few ideas for you. I would suggest going above the 504-C to the superintendent and ask for the procedural safeguards. We received these once they scheduled the elig. meeting, which is probably all they are required to do. Because they are stalling so they can get the consent signed, they will delay letting you know what your rights are. If you don't get anywhere with the super., contact the super. in your ISD and ask them for the procedural safeguards.
I would try to hold off signing the consent as long as possible. Your gut is right; you shouldn't sign it and I can't figure out why the health dept. would need to be involved. If the nurse asks again, I would suggest taking the form from her and say that you need to discuss it with your husband and/or attorney first. If you can somehow get the information on the procedural safeguards and it states, like in ours, that they have 30 school days to schedule an elig. meeting after requesting a 504, then let them delay and mark the days on the calendar. As soon as 31 days hits and you still don't have an elig. meeting, you've got them and they're in violation of your parental rights. You can then file with formal complaint against them with the Dept. of Education, Office for Civil Rights and/or the ISD. Don't refuse to sign the consent in writing like I did, just do it verbally.
If they continue to push for the consent, also try asking them to put their questions in writing first so you can review it. This didn't work for me, but it's worth a try.
If it comes down to it and you are backed into a corner about signing the consent, I would consider giving permission to the only the school nurse for one phone call with you present.
I'm very curious as to why the regular nurse quit. Have you heard the reason?
I hope this info helps. Please post if you have any questions. I'll try to help as best I can.
Sorry you have to go through this.
Tracy

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