Violation of 504 before school even starts....

Posted on: Fri, 09/01/2006 - 6:47am
pfmom2's picture
Offline
Joined: 01/22/2006 - 09:00

Hi,
I am hoping someone can help with where to go when the district you work with is clueless. My child is touch, inhalation and ingestion sensitive. We ended up in the ER 5 times during the school year last year (used epi 3 of those 5 times). Luckily, she was at home after school when her system when into "overload" from just being exposed during the day in the air and possibly through contact. Fortunately for my daughter she was with me everytime her allergy went into overdrive, but it made it that more difficult to get the school to realize that being exposed at school is affecting her. She certainly is not being exposed at home.
One of the allergist wrote a note after the first epi-pen use and hospital visit (being the worst reaction). He stated that my child required a peanut free classroom. The district agreed to a 504 but would not state anywhere in her 504 that she is to be in a peanut-free classroom. They did say that parents of classmates would be sent home a letter that peanut products should not be sent in for snacks (which never occurred last year).
Just got the welcome letter from this year's teacher. No where does it mention that peanut products should not be sent in for snack.

Need some sound advice on what to do next. Could the teacher have not received a copy of her 504 from last year ( I doubt this).
Would you try to correct this with the teacher or the principal?
The district is known for "playing games" and they will not do this at my child's expense. This year I will contact the OCR if need be!
There is change in the district though that was in a positive way from the class last year. It implemented no food policy for rewards/holidays/birthdays etc.

Posted on: Fri, 09/01/2006 - 8:50am
Momcat's picture
Offline
Joined: 03/15/2005 - 09:00

I would simply go to the teacher and ask if she had received a copy of your daughter's plan. Bring a copy with you. If she says no, hand it to her. Say that you realized she must not be aware that a letter needs to be sent out to parents. You could even bring a sample letter.
If the teacher has a problem with sending the letter in a timely fashion (next wk?) then I would bring it up with the principal.
Good luck! Let us know what you find out.
Cathy
------------------
Mom to 7 yr old PA/TNA daughter and 3 1/2 yr old son who is allergic to eggs.

Posted on: Fri, 09/01/2006 - 9:38am
pfmom2's picture
Offline
Joined: 01/22/2006 - 09:00

Thanks Momcat,
I needed that calm reply. I just don't want my child to go through all the problems that occurred last year!

Posted on: Fri, 09/01/2006 - 10:40am
Momcat's picture
Offline
Joined: 03/15/2005 - 09:00

If it makes you feel better, we are having a letter sent the second week because we discussed it with the principal and her thinking is that parents are so swamped with stuff the first week, they wouldn't even notice a letter! So we are intentionally sending the letter the second week. Of course, we have some leeway since the kids don't eat snack in the classroom unless it's raining. I'm crossing my fingers for no rain [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]
Cathy

Posted on: Thu, 09/07/2006 - 1:51am
pfmom2's picture
Offline
Joined: 01/22/2006 - 09:00

If a classroom aide is suppose to monitor the cafeteria lunch table, but giving excuses this year as to why it is not done, violation of 504 if it's in the plan?
Anyone with a one-on-one aide with a 504? If so, how did you obtain it?
The new principal is seeming to think it's ok to change the 504 or give excuses as to why something in the 504 can't be done this year.
Any advice? Had three violations against the 504 and it's only the first day. One seems to be ironed out, but will know for sure when child comes home.
Any advice would be helpful.

Posted on: Thu, 09/07/2006 - 4:27am
Momcat's picture
Offline
Joined: 03/15/2005 - 09:00

Procedurally, I don't think they can change the 504 without having a "reevaluation" meeting. Make sure you document all violations in case you decide to file a complaint.
If the aid from last year can't monitor the table, I think they need to find someone who can.
Let me know how things are going!
Cathy

Posted on: Thu, 09/07/2006 - 11:13am
pfmom2's picture
Offline
Joined: 01/22/2006 - 09:00

Thanks Cathy. Would I file that complaint with the OCR? I think it might down to that this year. They stated something in the 504 then never did it last year and are refusing to do it this year. It is absurd! Why was it written in the first place if it was never going to be followed.

Posted on: Thu, 09/07/2006 - 1:08pm
Momcat's picture
Offline
Joined: 03/15/2005 - 09:00

OCR, yes. Here's the info: [url="http://www.ed.gov/about/offices/list/ocr/docs/howto.html?src=rt"]http://www.ed.gov/about/offices/list/ocr/docs/howto.html?src=rt[/url]
I hope it doesn't come down to that, but others have gotten results by filing complaints. Maybe you can get results by giving them a deadline and telling them that if they don't comply you'll file a complaint.
Cathy

Posted on: Thu, 09/07/2006 - 11:56pm
pfmom2's picture
Offline
Joined: 01/22/2006 - 09:00

Thanks Cathy (Momcat)!

Posted on: Fri, 09/08/2006 - 11:51am
bandbmom's picture
Offline
Joined: 12/14/2005 - 09:00

Try telling them that they are violating the 504 and that, if they don't correct these violations, you will have to file a complaint w/the OCR. Maybe it will scare them into mending their ways.
I understand your frustration as we had the same situation last year at school.
Good Luck!
Tracy

Posted on: Fri, 09/01/2006 - 8:50am
Momcat's picture
Offline
Joined: 03/15/2005 - 09:00

I would simply go to the teacher and ask if she had received a copy of your daughter's plan. Bring a copy with you. If she says no, hand it to her. Say that you realized she must not be aware that a letter needs to be sent out to parents. You could even bring a sample letter.
If the teacher has a problem with sending the letter in a timely fashion (next wk?) then I would bring it up with the principal.
Good luck! Let us know what you find out.
Cathy
------------------
Mom to 7 yr old PA/TNA daughter and 3 1/2 yr old son who is allergic to eggs.

Posted on: Fri, 09/01/2006 - 9:38am
pfmom2's picture
Offline
Joined: 01/22/2006 - 09:00

Thanks Momcat,
I needed that calm reply. I just don't want my child to go through all the problems that occurred last year!

Posted on: Fri, 09/01/2006 - 10:40am
Momcat's picture
Offline
Joined: 03/15/2005 - 09:00

If it makes you feel better, we are having a letter sent the second week because we discussed it with the principal and her thinking is that parents are so swamped with stuff the first week, they wouldn't even notice a letter! So we are intentionally sending the letter the second week. Of course, we have some leeway since the kids don't eat snack in the classroom unless it's raining. I'm crossing my fingers for no rain [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]
Cathy

Posted on: Thu, 09/07/2006 - 1:51am
pfmom2's picture
Offline
Joined: 01/22/2006 - 09:00

If a classroom aide is suppose to monitor the cafeteria lunch table, but giving excuses this year as to why it is not done, violation of 504 if it's in the plan?
Anyone with a one-on-one aide with a 504? If so, how did you obtain it?
The new principal is seeming to think it's ok to change the 504 or give excuses as to why something in the 504 can't be done this year.
Any advice? Had three violations against the 504 and it's only the first day. One seems to be ironed out, but will know for sure when child comes home.
Any advice would be helpful.

Posted on: Thu, 09/07/2006 - 4:27am
Momcat's picture
Offline
Joined: 03/15/2005 - 09:00

Procedurally, I don't think they can change the 504 without having a "reevaluation" meeting. Make sure you document all violations in case you decide to file a complaint.
If the aid from last year can't monitor the table, I think they need to find someone who can.
Let me know how things are going!
Cathy

Posted on: Thu, 09/07/2006 - 11:13am
pfmom2's picture
Offline
Joined: 01/22/2006 - 09:00

Thanks Cathy. Would I file that complaint with the OCR? I think it might down to that this year. They stated something in the 504 then never did it last year and are refusing to do it this year. It is absurd! Why was it written in the first place if it was never going to be followed.

Posted on: Thu, 09/07/2006 - 1:08pm
Momcat's picture
Offline
Joined: 03/15/2005 - 09:00

OCR, yes. Here's the info: [url="http://www.ed.gov/about/offices/list/ocr/docs/howto.html?src=rt"]http://www.ed.gov/about/offices/list/ocr/docs/howto.html?src=rt[/url]
I hope it doesn't come down to that, but others have gotten results by filing complaints. Maybe you can get results by giving them a deadline and telling them that if they don't comply you'll file a complaint.
Cathy

Posted on: Thu, 09/07/2006 - 11:56pm
pfmom2's picture
Offline
Joined: 01/22/2006 - 09:00

Thanks Cathy (Momcat)!

Posted on: Fri, 09/08/2006 - 11:51am
bandbmom's picture
Offline
Joined: 12/14/2005 - 09:00

Try telling them that they are violating the 504 and that, if they don't correct these violations, you will have to file a complaint w/the OCR. Maybe it will scare them into mending their ways.
I understand your frustration as we had the same situation last year at school.
Good Luck!
Tracy

More Community Posts

Peanut Free and Nut Free Community

create a new community post
Displaying 1 - 20 of 20
Latest Post by connorc42711054... Fri, 09/20/2019 - 4:42pm
Comments: 0
Latest Post by KeithLaurb Fri, 09/20/2019 - 3:59pm
Comments: 0
Latest Post by blprestangen Mon, 09/16/2019 - 1:06pm
Comments: 12
Latest Post by mom2two Mon, 09/16/2019 - 1:03pm
Comments: 18
Latest Post by Kathryn Mon, 09/16/2019 - 1:02pm
Comments: 7
Latest Post by TheDaddy Mon, 09/16/2019 - 1:01pm
Comments: 9
Latest Post by desmond Mon, 09/16/2019 - 1:00pm
Comments: 1
Latest Post by desmond Mon, 09/16/2019 - 12:58pm
Comments: 19
Latest Post by desmond Mon, 09/16/2019 - 12:55pm
Comments: 1
Latest Post by TeddyCan Mon, 09/09/2019 - 4:32pm
Comments: 10
Latest Post by DTurner Mon, 09/09/2019 - 4:31pm
Comments: 5
Latest Post by B.M.18 Mon, 09/09/2019 - 4:30pm
Comments: 3
Latest Post by abolitionist146 Mon, 09/09/2019 - 4:28pm
Comments: 2
Latest Post by nutfreenyc Mon, 09/09/2019 - 4:19pm
Comments: 4
Latest Post by AllergicTeen2 Mon, 09/09/2019 - 4:18pm
Comments: 2
Latest Post by PeanutAllergy.com Fri, 09/06/2019 - 1:52pm
Comments: 1
Latest Post by mom1995 Fri, 09/06/2019 - 1:52pm
Comments: 2

More Articles

Do you think you may have a food intolerance? Many people make it to adulthood without realizing they have a food intolerance because they have...

With only a casual understanding of Oral Immunotherapy (OIT) some people assume that simply feeding children a bit of their problem food, in order...

Babies usually show the same peanut allergy symptoms as older children as adults. It is estimated that up...

If you have a mold allergy, you’ve likely been advised to remove all sources of mold from in and around your house. But it doesn’t stop there....

You may be surprised to find that peanut butter is used to make many products. Someone who has a peanut...

More Articles

More Articles

What if, while attending a summertime family picnic, a food-allergic child shows signs of anaphylaxis. In a panicked instant, adults realize the...

Are the signs of nut allergies different than those of peanut allergies? Many people who have an allergic reaction after eating a peanut butter...

There is much buzz in the news about the potential health benefits of fecal transplants, and some of that benefit may extend to people with food...

If you or your child has a food allergy, a doctor or allergist might have talked to you about “co-factors.” Allergy co-factors are substances,...

An epinephrine auto-injector provides an emergency dose of epinephrine (adrenaline) to treat life-threatening allergic reactions. Those who have...

Oyster sauce is used for a variety of recipes, including as an earthy dressing for noodles, vegetables, and stir-fries, or as a base for other...

The high incidence of food allergy in children, and the reason many kids eventually...

Parents of children with food allergies often share tips about safe foods, allergy-friendly restaurants, and other experiences and challenges of...

Because food allergies are so common among children today, a great idea for sharing information with other classmates is to incorporate the topic...

When a child is diagnosed with peanut allergy, the implications ripple past the parents to rattle the rest of us - older siblings, grandparents,...

Your best defense against anaphylactic shock is to know what you’re up against. Anaphylaxis is a severe, life-threatening allergic reaction....

Inhalers Sometimes Contain Soy

Many people use inhalers to take the drug albuterol to help their asthma or allergies, and those with COPD...

Some people with shellfish allergy have concerns about consuming sea salt that might be contaminated with traces of shellfish. Though there are...

Nearly 25 percent of children with a peanut allergy will outgrow it. However, there is a small risk...