Violation of 504 before school even starts....

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

Thanks Cathy (Momcat)!

Posted on: Fri, 09/08/2006 - 11:51am
bandbmom's picture
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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
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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.

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