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Posted on: Sun, 01/29/2006 - 12:29pm
qdebbie1's picture
Joined: 02/10/2005 - 09:00

How can this be?[/B][/quote]
At this point, OCR is not involved.

Posted on: Sun, 01/29/2006 - 12:33pm
anonymous's picture
Joined: 05/28/2009 - 16:42

Momcat - Thank you. Yes, we have made all those arguments to the school district. Unfortunately, we are dealing with one of "those" districts. Sigh...
Quote:[b]This is an email from Laura Duke, the mom.
The Metro School System is saying that Brentson's anaphylaxis allergy to peanuts and peanut butter products does not limit one or more major life activities. Therefore, Brentson would not qualify under "Section 504 and or IDEA." [/b]
How did you get this information? Was it in the form of a letter? Said during a meeting? During a phone conversation? Who made this decision? The 504 Coordinator? The 504 Team? Sorry for all the questions, just trying to get an idea of how this took place.
Quote:[b]I have meeting with my attorney on Saturday.[/b]
I hope your attorney was able to give you some answers as well as options. I just need to caution you (it's the protective mom in me) that an attorney not familiar with anaphylactic allergies, Section 504 and school law, can do more harm than good. We learned the hard way. If you find the right attorney, I'm sure he/she could pick this district apart with all of their violations.
[This message has been edited by Drew's mom (edited January 29, 2006).]

Posted on: Sun, 01/29/2006 - 3:50pm
Laura Duke's picture
Joined: 01/26/2006 - 09:00

Brentson's Pediatrician stated that if he returns to school in an environment that is not Peanut Free and enforced on a daily basis that the risk to Brentson is immediate death! Brentson's Pediatrician has been wonderful, but now she is furious at the Metro Nashville Public School System. I tried to scan the document that Dr. Barton filled out, however, I couldn't get it to copy on the website. Regarding Land vs. Baptist Medical Center, I would like to know the name of Megan's Pediatrician, because of he/she stating that Megan's PA does not effect one or more of her major life activities is ludicrous. I would have appealed that decision all the way to the Supreme Court! My team of Attorneys that I met with on Saturday stated that we will probably be appealing Land vs.. Baptist Medical Center. Brentson's Pediatrician has stated that his PA effects ALL of his life activities. It doesn't get much simpler than that. I have attached a copy of a letter that Brentson's Pediatrician wrote to a local Media Reporter (at my request) to assist me in getting Brentson's Story out there.
Take Care,
Laura Duke
Mr. Brinton,(Media Reporter)
Some background on me: I am a board certified Pediatrician, at the Children's Clinic and I am Brentson's primary care physician.
The absurdity of this situation is unbelievable. Brentson has a true life threatening allergy to peanuts and his mother is being asked to willingly place him in a potentially dangerous situation. I have tried to think of an analogy to convey how ludicrous this is. It is almost as if the school is telling parents there may be deadly venomous snakes at the school. There is a chance their child may be bitten by these snakes. However, their child must still attend school, and if they are absent from school the parent will be prosecuted for truancy. Peanuts are truly this lethal to Brentson. This is not just a stomach ache or sore throat from coming in contact with peanuts. This is an immediate swelling and closing off of his airway. The problem is that he is so allergic that if he touches a surface where peanuts have been in contact with and then touches his mouth he will react with swelling of his airway.
Recently Brentson has begun to have anxiety and panic attacks. He is having nightmares that he is at school and someone touches him with a peanut and he dies. He now is on medication for anxiety at the age of 9.
Brentson has a medical illness which can be very deadly very quickly. It is important that this be treated with the same seriousness as a student who has asthma or diabetes. Just as in these illnesses, it takes a team approach including the parent, school, student, and physician to insure the child's safety.
Call me if you have any questions
Dr. Amy Barton

Posted on: Mon, 01/30/2006 - 12:57am
synthia's picture
Joined: 10/05/2002 - 09:00

Hang in there Laura (((Hugs)))a big (((hug))) to your son.
Love this site

Posted on: Mon, 01/30/2006 - 2:04am
Gail W's picture
Joined: 12/06/2001 - 09:00

Thanks for posting the information from your son's pediatrician. That letter was very supportive. Did you provide your school with a letter from your pediatrician or allergist prior to being denied a disability designation?
Quote:Originally posted by Gail W:
[b]Do you have any correspondence from the School District that you can post here? It would be helpful for me to read the statements that came directly from your school district instead of what was stated second-hand in the media. [/b]
Quote: Originally posted by Drew's mom:
[b]How did you get this information? Was it in the form of a letter? Said during a meeting? During a phone conversation? Who made this decision? The 504 Coordinator? The 504 Team? [/b]
...any information regarding the SD's decision-making process would be very helpful to know. Can you explain the process you had with your School District? Did you specifically ask for protection under Section 504? Did you have an Eligibility meeting? How were you informed that your child was denied a Section 504 Designation?

Posted on: Mon, 01/30/2006 - 2:30am
anonymous's picture
Joined: 05/28/2009 - 16:42

Laura, I wish I had some advice, but I really can't think of any. I am just horrified by your situation. I do think you have one major asset in your pediatrician, though. I love that letter.

Posted on: Mon, 01/30/2006 - 6:26am
Laura Duke's picture
Joined: 01/26/2006 - 09:00

Brentson has had a 504 since kindergarten for his asthma/RADS. However, on 01/04/06 I was advised by the Metro Nashville Public School System that Brent's PA doesn't qualify him for a 504, because it doesn't limit one or more major life activities. Brent's Pediatrician and I both strongly disagree with this decision, because his PA does limit all of his life activities.
Laura Duke

Posted on: Mon, 01/30/2006 - 7:18am
Laura Duke's picture
Joined: 01/26/2006 - 09:00

I retyped the Homebound Form Brentson's Pediatrician filled out for Metro Nashville Public Schools to continue to pay for Brentson's Homebound Teacher.
To Be Completed By The Physician
Metropolitan Public Schools
Nashville-Davidson County, Tennessee
Student Name: Brentson
Birthdate: XX/XX/XXXX
Sex: Male
Race: Other
Parent/Guardian: Laura Duke Address:_____________________________
City: Madison State: Tennessee Zip: 37115 Phone:_______ Work:_______
School: Taylor Stratton Elementary
This student is being referred for special education services. Medical information is needed to plan an Individualized Educational Program for this student. Please fill this document out completely in order for the student to receive the appropriate services. This information will be confidential and used only by the school personnel directly involved with this student.
Diagnosis/Etiology: Anaphylactic allergy to peanuts, Anxiety Disorder due to anxiety of being at school with Peanuts.
Prognosis: Life long, and will worsen.
Expected duration of condition/illness: Life long.
Estimated length of time student will be unable to attend an educational setting: Until peanut free or until law passed to enforce peanut free environment or until school system starts to enforce the peanut free environment.
Please bear in mind that the Homebound program is a temporary placement for students that are not able to attend school more than 2 consecutive weeks. Homebound instruction consists of two 90 minute sessions per week as opposed to the 35 hour school week. There must be strong justification for this restrictive placement.
TREATMENT: Please give approximate number of times the student will be seen by you while he/she is out of school, and list any other professionals that will be working on the student

Posted on: Mon, 01/30/2006 - 9:10am
Corvallis Mom's picture
Joined: 05/22/2001 - 09:00

Laura, you must just be beside yourself right now. I really hope that there is some recourse for you and your son.
As for my original post, don't worry about it. You have other things on your mind. [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]
[This message has been edited by Corvallis Mom (edited January 31, 2006).]

Posted on: Mon, 01/30/2006 - 9:50am
anonymous's picture
Joined: 05/28/2009 - 16:42

Quote:Originally posted by Laura Duke:
[b]However, on 01/04/06 I was advised by the Metro Nashville Public School System that Brent's PA doesn't qualify him for a 504, because it doesn't limit one or more major life activities. [/b]
I have a few questions (just trying to get a grasp of how this took place)...
1) How were you advised?
2) Did the school district put this in writing?
3) If not (and it occurred during a phone conversation or meeting), who told you this?
4) And what were the circumstances (What brought this on? Was it "out of the blue"?)


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