504 Allergy Plan question

Posted on: Thu, 08/24/2017 - 10:18pm
Lrubery's picture
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Joined: 08/25/2013 - 05:14

I met with my school to create a 504 Plan for my peanut/tree nut allergy children in Elementary school. They refused to put any of our requested accommodations into the 594 plan saying that "general policy does not go into a 504 plan". However when we asked to see these written policies they provided none.

Is that true? They also said that children have the "right to bring peanut products into the classroom". But again could not provide us with the legal ease that they were referring.

Please advise next steps? I feel like nothing was accomplished at this meeting and my children a going to start school without a 504 to ensure their safety.

Posted on: Mon, 08/26/2013 - 9:24pm
mom1995's picture
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Joined: 11/09/2004 - 09:00

Call the school dist office and ask for the Dist 504 Cordinator. You may even be able to get thier name from the school dist web site. Once you have them you should get better results. You have to go into this with the convbiction of you will meet these accomodations or I will file a complaint with the US Dept of /Education and the Office of Civil Rights. The Dist Office understands that a violation of any childs rights can result in their g=federal funding being effected. Sometimes little fishes don't see the bigger picture. If you still have issue puck up the phone and call the two above. I can tell you from past experience that within two days of their recept and phone call to my ISD all our accomodations were met. When they get that call or letter they realize there is no more bs. Hope this helps.
Side note the meeting should have included a teacher for each child, the school nurse, their counslor (usually their campus 504 cordinator) and the principal. If not you should contact each of them as well and inform them of the unacceptable out come. If so then go to the dist office and let them have a firm understanding of the reality of thier staffs choice to not provide a sate environment for your children and the violation of the law. Good luck.

Posted on: Mon, 08/26/2013 - 9:24pm
mom1995's picture
Offline
Joined: 11/09/2004 - 09:00

Call the school dist office and ask for the Dist 504 Cordinator. You may even be able to get thier name from the school dist web site. Once you have them you should get better results. You have to go into this with the convbiction of you will meet these accomodations or I will file a complaint with the US Dept of /Education and the Office of Civil Rights. The Dist Office understands that a violation of any childs rights can result in their g=federal funding being effected. Sometimes little fishes don't see the bigger picture. If you still have issue puck up the phone and call the two above. I can tell you from past experience that within two days of their recept and phone call to my ISD all our accomodations were met. When they get that call or letter they realize there is no more bs. Hope this helps.
Side note the meeting should have included a teacher for each child, the school nurse, their counslor (usually their campus 504 cordinator) and the principal. If not you should contact each of them as well and inform them of the unacceptable out come. If so then go to the dist office and let them have a firm understanding of the reality of thier staffs choice to not provide a sate environment for your children and the violation of the law. Good luck.

Posted on: Sat, 10/05/2013 - 8:40pm
Lrubery's picture
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Joined: 08/25/2013 - 05:14

I met with all the folks you just names. The 504 supervisor, teacher, district nurse supervisor..... They refused to write our requested accommodations down under the guise of "General Policy does not go into a 504 plan". It was very frustrating because I know that is not true.

Posted on: Sun, 10/06/2013 - 1:06am
mom1995's picture
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Joined: 11/09/2004 - 09:00

Then sadly you will have to file a complaint with the office of Civil Rights for your area. It depends on where you live as to which office will handle the complaint. I had to do the same once and the as soon as the school received a letter about the investigation they were willing to do what they should have done all along. THe complaint will not force them to do anything but if they are found guilty of not accomodating someone protected ADA then they are subject to losing some or all their federal funding. Money seems to be the only thing that matters to schools.
If they find in your favor that just gives you the evidence to then get a lawyer and start legal proceedings against the school, the school district and don't forget to name all those oh so helpful folks individualy named. My OCR case took about 2months from when I filled out everything until the school did what they should have done. You can also look for your states top law firm in handling civil rights violation. It seems like a big task but just take it one step at a time and know you are fighting for your childs rights. I am so sadened when people give up and go away. That is why we are in this boat. Most often the best rewards are after a struggle and sometimes a fight. You are not alone and there are places that will help you.
Just remeber that how you choose to fight is an example to your child and it does set the stage for how your child will value standing up for what it is right. I have to say that in looking back now I realize how much my daughter watched and learned to stand up for herself and for others that could not.

Posted on: Sun, 10/06/2013 - 2:22am
Lrubery's picture
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Joined: 08/25/2013 - 05:14

I live in Montgomery County,MD. I started out with a group of allergy families and now when it was time to put your money where you mouth is it is just me and another family who are willing to stand up for what is right.

Posted on: Sun, 10/06/2013 - 2:46am
mom1995's picture
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Joined: 11/09/2004 - 09:00

Going to the OCR cost nothing but a stamp maybe. SO everyone can file their own complaint. You need to do that step first as that will basically give you permission to proceed with legal action. Any good civil rights lawyer will ask you if you have done that first. The thought is if the OCR finds the school non compliant then there is truth to the claim and better odds of winning as the government already did the leg work. I will say that if each child that is being denied accomodations has a parent willing to file a complaint then the OCR will do a more indepth review of the school district. That could be your greatest leverage. There is power in numbers and no has to pay anything. Often schools know a lawyer is costly and the average family does not have the money to do anything. Knowing your rights is the first step.
You can read all about the process and what to do on the OCR website.
http://www2.ed.gov/about/offices/list/ocr/index.html
You will also be able to find out which office will handle your complaint. Keep in mind we are in the middle of a 'shut down' so that effect time lines. There's no one there right now.

Posted on: Sun, 10/06/2013 - 2:50am
mom1995's picture
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Joined: 11/09/2004 - 09:00

Better link :
http://www2.ed.gov/about/offices/list/ocr/docs/howto.html

Posted on: Tue, 10/08/2013 - 7:56pm
shumakerm's picture
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Joined: 08/10/2013 - 07:03

Sorry to be reading this. I grew up in Montgomery County and now live in Frederick County, MD. What is going on there?

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