school spoke with their lawyer(504)

Posted on: Mon, 04/09/2007 - 5:37am
chanda4's picture
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Joined: 12/14/2006 - 09:00

deleting info....sorry

[This message has been edited by chanda4 (edited May 20, 2007).]

Posted on: Mon, 04/09/2007 - 6:48am
Sarahb's picture
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Joined: 01/22/2007 - 09:00

Chanda,
I have no 504 advice as I am not there yet with my son only being 3. I am sure that will get some great advice soon by people who actually know what they are talking about.
Is there any other option for these children? Maybe you just can't take them in right now?
One thought is that most areas have some sort of free or low cost legal aide offices. But you really have to have very low income to qualify. You might try looking into that.
Try to just take one thing at time and prioritize. You can handle this but you may have to let some things go for now.
Hang in there sweetie.

Posted on: Mon, 04/09/2007 - 7:02am
Ethan Mom's picture
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Joined: 03/27/2006 - 09:00

Hi Chanda - I just sent an email to the address listed in the member directory. I am an attorney (as well as mom to a PA son) and would be happy to talk to you about the 504 issues to see if I could answer some questions or help you out. Let me know...

Posted on: Mon, 04/09/2007 - 7:45am
gvmom's picture
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Joined: 08/24/2005 - 09:00

I'm hoping Gail will weigh in here, and I don't know if Rhonda ever peeks in.
I can't imagine that an attorney has the medical knowledge to determine what accommodations a food allergic child needs, or to eliminate them for that matter.
I'm thinking that the OCR might have a view on all of this. Of course I might be wrong on that. Have you talked with anyone at your local office?

Posted on: Mon, 04/09/2007 - 7:54am
Corvallis Mom's picture
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Joined: 05/22/2001 - 09:00

That's exactly what I was thinking.
I'd call your supportive allergist, first and foremost, and find out how 'comfortable' he feels with the suggested arrangement.
I'd also call OCR, since it seems that their 'legal team' is suggesting an illegal accommodation. Namely, singling YOUR CHILD out and excluding him as their means of accommodation. This is a big no-no.
The other thing (perhaps more critical at this point, since OCR routinely says they will NOT get involved with specific accommodations) is to complain that they are using an attorney to make MEDICAL DECISIONS for your child.... in other words, someone who is [i]not[/i] "knowledgeable about the child and/or his/her condition."
My guess is that they're hiding behind their 'counsel' to get rid of particularly onerous accommodations that they don't like. Legal or not. I'm pretty sure that a lawyer wouldn't have advised them to put an obviously discriminatory accommodation in writing ('well, we'll just sit Johnny safely in the corner while the rest of the class goes on as usual') . See what happens.

Posted on: Mon, 04/09/2007 - 7:55am
stitcher's picture
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Joined: 03/14/2007 - 09:00

[url="http://www.thelegalcenter.org/"]http://www.thelegalcenter.org/[/url]
[url="http://www.cdhs.state.co.us/servicebyagency.htm"]http://www.cdhs.state.co.us/servicebyagency.htm[/url]
you might find advocates at those sites. Talking to the folks at Vocational Rehab might sound weird, but I highly reccomend it. I have found the Folks in that off here (NYS) take a very dim view of the non-accomations you're finding.

Posted on: Mon, 04/09/2007 - 8:01am
Corvallis Mom's picture
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I also want to say (from years of observation on the boards) that the involvement (real or even threatened) at [i]this stage in the process[/i] STRONGLY suggests that they intend to play hardball with you over accommodations.
From now on, batten down the hatches, Chanda. No more public discussion of ANYTHING you don't want your school to have in their possession. Here included. You have given them this web address in a public venue, after all.
Also- quit discussing things over the phone. Force them to communicate with you and your family [i]ONLY IN WRITING.[/i]
If they won't, write 'letters of understanding' after EVERY PHONE CONVERSATION, and keep copies of everything. Lay your paper trail for OCR. I've had a bad feeling about your situation for a while now.
You [i]can[/i] get through this, though. Heaven knows, if BandBMom could get through it last year, so can you!

Posted on: Mon, 04/09/2007 - 8:10am
Gail W's picture
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Joined: 12/06/2001 - 09:00

Deleted.
Chanda, I'll e-mail you tonight.
[This message has been edited by Gail W (edited April 09, 2007).]

Posted on: Mon, 04/09/2007 - 8:15am
McCobbre's picture
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Joined: 04/16/2005 - 09:00

This is from the Colorado Department of Education Section 504/ADA Guidelines for Educators.
[url="http://www.cde.state.co.us/cdesped/download/pdf/504Guidelines.pdf"]http://www.cde.state.co.us/cdesped/download/pdf/504Guidelines.pdf[/url]
And this is an example of Accomodations for Allergies (p. 63) and Asthma (pp. 64-5)specifically from this link. I'm quoting here:
Quote:[b]
ALLERGIES
EXAMPLE: The child has severe allergic reactions to certain pollens and foods. The
condition is substantially limiting to the major life activity of breathing.
POSSIBLE ACCOMMODATIONS:

Posted on: Mon, 04/09/2007 - 8:41am
TwokidsNJ's picture
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Joined: 05/28/2005 - 09:00

Chanda,
You need to go in with more documentation.
I've suggested this before. Print out examples of what other states and districts are doing. Do your research and present it to them. Do neighboring districts have food allergy policies? If so, present that info.
You spend a lot of time here venting, but some of your time needs to go to research and documentation. Document everything. Do not sign the 504. Write a letter to the school explaining why you cannot sign it. Attach relevant documents from your research. Documentation forces them to acknowldege that they are taking a KNOWN RISK with your child. If they see what other districts/states/schools are doing, they are more likely to implement the accomodations you want.

Posted on: Mon, 04/09/2007 - 9:17am
chanda4's picture
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Joined: 12/14/2006 - 09:00

Thank you, I know I complain alot, but I just can't cut a break, on anything. I have read and read, printed and printed, I have stacks of information but I don't know what to do with it. I have emailed and printed other guildlines, policies tot he school, but they just don't care what other schools are doing. The district has it's policy and that's it, not if and's or but's!
McCobbre, I do have this guideline printed out and will show them at our meeting, I have these exact pages tagged. I will let them know I am not going to crumble. If they won't accommodate, then he won't be attending school. I have a note form the allergist, I hope I can pick up tomorrow, stating his allergen should be removed from his class...I am doing everything I have read to do here. I have a call into an advocate from a district disiabilty office...I am trying, I am trying. I know I need to be discreet....but I also need help. Thanks everyone
------------------
Chanda(mother of 4)
Sidney-8 (beef and chocolate, grasses, molds, weeds, guinea pig & asthma)
Jake-6 (peanut, all tree nuts, eggs, trees, grasses, weeds, molds, cats, dogs, guinea pig & eczema & asthma)
Carson-3 1/2 (milk, soy, egg, beef and pork, cats, dog, guinea pig and EE)
Savannah-1 (milk and egg)

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