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Posted on: Mon, 01/30/2006 - 10:46am
Laura Duke's picture
Joined: 01/26/2006 - 09:00

Thank you! I appreciate you bringing this to my attention, because I haven't thought about identity theft. However, I did as you had suggested and I edited the section I had recently entered. Thank you for your concern and help in this matter.
Take care,
Laura Duke

Posted on: Mon, 01/30/2006 - 10:48am
Laura Duke's picture
Joined: 01/26/2006 - 09:00

Thank you! I appreciate you bringing this to my attention, because I haven't thought about identity theft. However, I did as you had suggested and I edited the section I had recently put in. Thank you for your concern and help in this matter.
Take care,
Laura Duke

Posted on: Mon, 01/30/2006 - 10:52am
Laura Duke's picture
Joined: 01/26/2006 - 09:00

Are most children with PA qualified for a 504 in most States?
Laura Duke

Posted on: Mon, 01/30/2006 - 10:53am
Laura Duke's picture
Joined: 01/26/2006 - 09:00
Posted on: Mon, 01/30/2006 - 12:33pm
anonymous's picture
Joined: 05/28/2009 - 16:42

I think [b]most[/b] pa children do qualify for 504 designation. Unfortunately, some of us are just in really messed up school districts that don't "get it". [img]http://uumor.pair.com/nutalle2/peanutallergy/frown.gif[/img]

Posted on: Wed, 02/01/2006 - 3:05am
Sue's picture
Joined: 02/13/1999 - 09:00

Good morning,
I posted a few comments on the [url="http://www.tennessean.com"]www.tennessean.com[/url] website that I thought might be of interest here.
If you want to read or add comments on their message board, here is the link
11:04am Feb 1, 2006 CST (#24 of 25)
The following information from the
[b]Metro won't teach boy with allergy at his home[/b]
article suggests that the Tennessee Office of Civil Rights needs to educate their state department of education and their attorney general about what the ADA is:
>>"While school officials say privacy rules prohibit direct comment on Brentson's case, they say a food allergy doesn't qualify as a disability, a position reinforced by a concurring opinion from the Tennessee attorney general in December."<<
Here is a news flash for the Tennessee attorney general :
A life threatening food allergy does qualify as a disability under the Federal Office of Civil Rights:
Hidden disabilities are physical or mental impairments that are not readily apparent to others. They include such conditions and diseases as specific learning disabilities, diabetes, epilepsy, and allergy.
A state's attorney general does not have the legal power to change the Americans with Disabilities Act this includes section 504 Civil Rights.
The Civil Rights of Students with Hidden Disabilities Under Section 504 of the Rehabilitation Act of 1973
U.S. Department of Education Office for Civil Rights Washington, D.C. 20202-1328
If you are a student with a hidden disability or would like to know more about how students with hidden disabilities are protected against discrimination by Federal law, this pamphlet is for you.
Section 504 of the Rehabilitation Act of 1973 protects the rights of persons with handicaps in programs and activities that receive Federal financial assistance. Section 504 protects the rights not only of individuals with visible disabilities but also those with disabilities that may not be apparent.
Section 504 provides that: "No otherwise qualified individual with handicaps in the United States . . . shall, solely by reason of her or his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance..........."
Sooooo, we may not agree with all laws; state or federal, but they are laws. The attorney general does not get to pick or choose the ones that get followed or inforced.
Thanks for "listening" even if you don't agree,
Sue - mom of a little girl that is deathly allergic to peanut products - ingestion and inhaled
Tucson, Arizona
11:24am Feb 1, 2006 CST (#25 of 25)
The following information should help the Tennessee department of education and the attorney general better understand the FEDERAL ADA requirements:
The Americans with Disabilities Act
Title II Technical Assistance Manual
Covering State and Local Government Programs and Services
This technical assistance manual addresses the requirements of title II of the Americans with Disabilities Act, which applies to the operations of State and local governments. It is one of a series of publications issued by Federal agencies under section 506 of the ADA to assist individuals and entities in understanding their rights and duties under the Act.
This manual is part of a broader program of technical assistance conducted by the Department of Justice to promote voluntary compliance with the requirements not only of title II, but also of title III of the ADA, which applies to public accommodations, commercial facilities, and private entities offering certain examinations and courses.
The purpose of this technical assistance manual is to present the ADA's requirements for State and local governments in a format that will be useful to the widest possible audience. The guidance provided in the Department's regulations and accompanying preambles has been carefully reorganized to provide a focused, systematic description of the ADA's requirements. The manual attempts to avoid an overly legalistic style without sacrificing completeness. In order to promote readability and understanding, the text makes liberal use of questions and answers and illustrations.
The manual is divided into nine major subject matter headings with numerous numbered subheadings. Each numbered heading and subheading is listed in a quick reference table of contents at the beginning of the manual.
II-1.1000 General. II-1.2000 Public entity II-1.3000 Relationship to title III. II-1.4000 Relationship to other laws
II-1.4100 Rehabilitation Act. Title II provides protections to individuals with disabilities that are at least equal to those provided by the nondiscrimination provisions of title V of the Rehabilitation Act.
Title V includes such provisions as section 501, which prohibits discrimination on the basis of disability in Federal employment; section 503, which addresses the employment practices of Federal contractors; and section 504, which covers all programs receiving Federal financial assistance and all the operations of Federal Executive agencies.
Title II may not be interpreted to provide a lesser degree of protection to individuals with disabilities than is provided under these laws.
II-1.4200 Other Federal and State laws. Title II does not disturb other Federal laws or any State laws that provide protection for individuals with disabilities at a level greater or equal to that provided by the ADA. It does, however, prevail over any conflicting State laws.
Federal Laws cannot be changed by individual states! It's the LAW !
-------------- end Tennessean board comments ----------
[This message has been edited by Sue (edited February 01, 2006).]
[This message has been edited by Sue (edited February 01, 2006).]

Posted on: Tue, 01/24/2006 - 8:21am
Gail W's picture
Joined: 12/06/2001 - 09:00

I don't understand why the state attorney general is ruling on this. I wonder if the parents were denied a Section 504 Designation, and then went to due process? and the AG was the 'impartial' hearing officer? But that doesn't make sense because the parents would have had legal representation then.... and OCR would have been involved.
I don't understand the process that occurred here.

Posted on: Tue, 01/24/2006 - 8:30am
Corvallis Mom's picture
Joined: 05/22/2001 - 09:00

I didn't either, since it seems pretty clear MANY of us have successfully used Section 504 to advocate for our children... and I cannot invision how a child with this reaction history could be denied a 504. I'm absolutely flabbergasted that the AG of TN has evidently decided this is a misuse of the statute.
Hoping that someone who knows more about this case can weigh in.

Posted on: Tue, 01/24/2006 - 8:42am
MommaBear's picture
Joined: 09/23/2002 - 09:00

can the attorney general's decision be appealed?

Posted on: Tue, 01/24/2006 - 10:17am
qdebbie1's picture
Joined: 02/10/2005 - 09:00

no no no no no
this is so wrong.
I emailed the reported and asked her to forward my info to Ms. Duke along with that usdoe,ocr document stating that allergies are a hidden disability.
I wish she was local. I would open up a can on this.


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