Been working on getting my daughter a 504 plan. Background info is in this thread:
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The nurse from the school called today and told me that all students with peanut allergies now get individualized healthcare plans in this school. She said it was switched last year and that some students used to be covered by 504, but since last year all students enrolling with peanut allergies are covered by individualized healthcare plans.
I explained that I wanted a 504 plan for my daughter and that I believed that she was entitled to an eligibility meeting.
The nurse kept arguing about it, saying she didn't understand why I wouldn't want an individualized healthcare plan. Instead of just insisting on an eligibility meeting, I tried to explain my reasons. Probably a mistake--kicking myself.
She finally clammed up when I mentioned the word "rights". She did not like it when I spoke of my daughter's "rights". She told me she would have the guidance counselor get in touch with me and that was the end of that call.
Guidance counselor called me. Not too pleased either. She said that all students with peanut allergies are covered by individualized healthcare plans because PA has to do with their HEALTH. I again, argued that we were entitled to an eligibility meeting. She wanted to know why I wanted this. She didn't understand my motives. I explained (again, kicking myself--I'm not so good at this stuff) that I wanted to protect my daughter as a whole human being. I don't want to protect just her health. I don't want to protect her just as "an allergy ridden child" I want to protect her as a whole person and that includes her rights as well as her health and I explained that an individualized healthcare plan doesn't do that. She thinks it does. She went into criteria for 504. I said I believe my dd met that criteria. She said that 504 means that they must have an impairment that affects life systems that affects their learning. Still told her that I thought that applied. Anaphylaxis affects many life systems.
Finally she said we would have the 504 eligibility meeting, but only after dd was assigned a teacher. That means she wants to wait until the last week or so of school. I told her that I didn't want to wait until the last week. I told her that I knew the nurse did not work over the summer and I didn't want to leave things hanging. I want some kind of plan in place before my dd sets foot in that school as a student. I also explained that the school already has ME attending meetings (parent informational meetings for parents of pre-K children) to assure that my child will be ready for school in terms of her education. I said it was only fair for them to attend meetings I'd like to have to protect dd's health. She tried to appease me by stating that the other grades will receive their teacher's name on the last day of school, but kindergarten is determined a bit sooner and that we might know the week before school lets out. I don't get that at all. There is a peanut free kindergarten class in this school, so wouldn't dd be in that class-- or do they change which teacher has the peanut free kindergarten each year?
By the end of the conversation, the school obviously thought I was a major b*tch. I WILL be the parent who walks in the school and watches as all staff rolls their eyes at me. I hate that, but I feel like I have no other way to do this. It's hard on me.
So they left it at this: guidance counselor is now going to contact her supervisor. We will set up eligibility meeting. She believes it will wait until dd is assigned a teacher (last week or so of school). I still disagree with this.
I need to write a follow up letter anyway and document all this (I did learn something!). So I intend to write a letter and I will send it to: principal, school nurse, guidance counselor, and superintendent. (If they don't think I'm a b*tch now, they will once they see the superintendent's name on the letter!)
So even though I messed up by arguing some of my points over the phone (that really should have been discussed in an eligibility meeting), I did succeed in getting them to meet with me (small miracles...)
I'm feeling unsure of myself and worrying, of course. I'm a worrywart.
Any advice on what to say in the letter?
Also 504 vs. IHP...I know I want 504 to protect dd's rights. How can I get them to see that IHP is not the same--not enough to protect dd's rights as well as her health? They keep trying to tell me that an IHP will cover everything a 504 would. Please help me in understanding this and proving that I'm doing the right thing here. I know that shouldn't go in the letter. That is info for the eligibility meeting, but I want to prepare that info anyway.
They also said the dreaded words to me: we will be sending you a consent form for you to sign. We've dealt with your daughter's doctor quite often and he will provide you with a health care plan (already did that). We speak with him all the time (huh?) and know him quite well (is THAT where the nurse learned to talk without letting me get a word in--just like the allergist? [img]http://uumor.pair.com/nutalle2/peanutallergy/wink.gif[/img] )
I hate this, I hate this, I hate this. It's so *not* me to argue with authorities. It's so not me to argue with anyone! I hate it. The only reason I'm doing this is for my daughter who is worth the world to me. I find it very difficult though. I don't like to be the b*tch.
I know I've made mistakes already. Help me fix them, please. I need to know that I can do this. I'm doing my best, but I feel like it almost isn't good enough. I know I have quite an uphill battle ahead of me.
![http://uumor.pair.com/nutalle2/peanutallergy/wink.gif[/img]](http://uumor.pair.com/nutalle2/peanutallergy/wink.gif[/img]){kind=link}
Let me add: arguing with the school nurse is not my idea of a good start with someone I'm going to have constant contact with! This woman will already hate me and now I'm depending on her to keep dd safe. Not a good feeling. [img]http://uumor.pair.com/nutalle2/peanutallergy/frown.gif[/img] I know she wouldn't let it affect her professional manner, but still doesn't feel good to argue with a person you depend on.
[This message has been edited by Lori Anne (edited February 15, 2006).]
I think a lot of people have an IHP as the "plan" under 504. You should ask your SD for:
1. The official paperwork regarding identification, evaluation, and implementation of 504. They have to have a written protocol, and they also have to provide you with documentation when you ask.
2. Reasons why your child is NOT QUALIFIED for protection under 504. Make them give it to you in writing.
Can't you pursue a 504 with the intention of also putting together a good IHP? Many use the two together. They want an IHP, you want a 504. Why not make both of you happy? [img]http://uumor.pair.com/nutalle2/peanutallergy/wink.gif[/img] Why not suggest such a compromise to your school district?? [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img]
I also think you need to lay some groundwork with your allergist. If you don't want them to have direct communication with him/her, then you should explain (selectively, of course) why. "I have concerns that right to medical privacy could be compromised by such an arrangement... I don't see why written communication would be ineffective here. We will OF COURSE be happy to bring to you any questions that the school might have, but it will help us manage allergy to be aware of such questions as they arise." This way the allergist is on the same page with you. And if he isn't, ask why he thinks communication ABOUT a minor patient is acceptable without involving the child's guardians in that communication.
I also think you should CORRECT the guidance counselor's opinion that Section 504 applies only to learning impairments. It does not. IDEA applies to impairments which affect learning, which is why an OHI designation is so difficult to obtain for an allergy or diabetes alone (because if it is appropriately managed, it [i]doesn't[/i] affect learning). But 504 definitely applies. Provide documents from OCR. In writing, with a letter of understanding. Just to be NICE and correctly state what she NO DOUBT "meant" to tell you instead of what she DID tell you.
504 applies to a major limitation of any cause which requires a broad, consistently implemented set of modifications to allow equal access to learning opportunities that other non-disabled children have.
Time to explore that inner B*tch and let her run free. She's not a B*tch. She's just gonna play hardball if that is how they want it. {hugs}
[This message has been edited by Corvallis Mom (edited February 15, 2006).]
Corvallis Mom--Thank you! Those are great suggestions. I never thought of both IHP and 504. I thought it had to be one or the other unless your child had other things like asthma as well.
As far as the permission for them to speak to the allergist, I hesitate to give that because they could contact him, he could say that he doesn't feel a 504 is necessary or he could say he thinks an accommodation is fine and we as parents would have no voice. I don't like that idea at all.
I don't mind the questions being submitted to the allergist through us, but carte blanch (sp?)--no..I don't think it's a good idea. I hate having to fight for basic rights!
Exactly. That is why given what you were told by the school, I think you need to have a conversation with the ALLERGIST about your concerns regarding that arrangement.
Besides, you can probably provide a lot of things for them "without wasting his office staff's time pulling charts and photocopying test results" that you already have on file, right? [img]http://uumor.pair.com/nutalle2/peanutallergy/wink.gif[/img]
It sounds to me like one of two things is going on, and one of them is concerning;
1. The nurse wants you to think they have a very cozy relationship with your physician, and therefore she was sort of threatening you that if you exaggerate your child's symptoms or anything they can find out, or
2. they really [i]do[/i] have that kind of relationship with your physician. In which case, your physician is treading on pretty thin ice with regards to patient privacy, and you should tactfully hint to him that it isn't appropriate.
Quote:Originally posted by Corvallis Mom:
[b]Time to explore that inner B*tch and let her run free. She's not a B*tch. She's just gonna play hardball if that is how they want it. [/b]
Oh how I loved this!! [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img] I'm right there with you in the "Explorers Club" Lori Anne!
Mariah's IHP is a component of her 504. Not a problem, IMO. The IHP has all the protections of the 504 since Mariah has the designation and a 504 plan that states she must have an IHP, so it's "covered" under the 504.
I remember clearly when my "coach" told me in no uncertain terms to "shut up" and stop talking to anyone at school. She instructed me that if anyone talked with me about 504 to simply spew the same response, "Thank you. That's a very interesting. " Maybe also include again "That's an very interesting perspective that you have." If they pressed I was supposed to say, "Would you please send that to me in writing so that I can be sure I don't misinterpret what you are saying/asking to/of me?" That was hard for me to learn because liked getting to know the school staff. But it was one of the best pieces of advice anyone ever gave me.
So, from the goodness of heart Lori Anne: stop talking! Paste that smile on your face, nod your head, and practice those phrases.
Hi Lori Anne -
Hang in there! I don't have much specific advice, but I have some suggestions about how to make yourself more comfortable with the process.
First, make a mental image of the folks you are dealing with as well-meaning but ignorant, and perhaps a little dim-witted. You have to explain everything to them simply and with a smile. If you get rattled, just pause a moment and say "I appreciate your point. I'll have to think about it."
Then, for every point they make, pick a stock answer and just keep repeating it cheerfully over and over. For example:
"All your child needs is an IHP"
An IHP is an excellent idea! But I would feel most comfortable implementing it in the context of a 504 plan.
"But you don't need a 504 plan"
Well, my child is eligible for a 504 plan and I would be most comfortable with the extra protections provided.
"But everything would already be included in an IHP"
Well, I would be most comfortable with the protections provided by a 504 plan.
"But your child isn't eligible for a 504 plan"
I think my child is eligible, but that is best established through the 504 process.
"Well, we can't meet before teachers are assigned"
I think delaying this meeting could negatively impact this process. At minimum, we can establish eligibility before then. I think that will be in everyone's best interest.
"Well, we'll need to talk to your child's allergist."
I would be happy to relay any questions you have to him in writing. I think that that would best protect my child's medical privacy and avoid misunderstandings.
"Well, we have already been working with him."
I'd think any medical questions you have are best relayed though me in writing. I think that that would best protect my child's medical privacy and avoid misunderstandings.
Hope this helps!
P.S. I didn't see Gail's post when I was writing this - I think she has even better responses! The key is don't worry about coming up with something to convince them, just say the same thing over and over. With a smile :-)
[This message has been edited by Greenlady (edited February 15, 2006).]
... Ahhh.... the old "broken record" technique. [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img]
Quote:Originally posted by Corvallis Mom:
[b]I also think you should CORRECT the guidance counselor's opinion that Section 504 applies only to learning impairments. It does not. IDEA applies to impairments which affect learning, which is why an OHI designation is so difficult to obtain for an allergy or diabetes alone (because if it is appropriately managed, it [i]doesn't[/i] affect learning). [/b]
I didn't find it difficult to obtain. Maybe it's just me. My child is on the "gold honor roll". [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img]
Did you see this link?
[url="http://www.boston.com/news/local/maine/articles/2006/01/31/federal_judge_rules_that_aspbergers_syndrome_is_a_disability/?p1=MEWell_Pos2"]http://www.boston.com/news/local/maine/a...?p1=MEWell_Pos2[/url]
another pa dot com member posted it in a thread (can't find the exact thread, if someone could, it would be appreciated).
interesting, yes?
General disclaimer: I am not offering advice in any manner or form. I do not guarantee the accuracy, currentness, or content of the link in this post.
If push comes to shove, you can remind them that providing accommodations (i.e. an IHP) without the evaluation and procedures that go with 504 is a procedural violation.
We, too, have an IHP. In fact, under "accommodations" our DD's 504 plan says "see health plan." That's the way they wanted to do it! Now, I think that they are starting to see that some of the accommodations would be better as part of the 504 plan, separate from the health plan. For instance, one accommodation related to the custodian cleaning the peanut/nut-safe table. The nurse said she is in charge of monitoring the health plan, but she has no authority over the custodian. At first, she did not want to include this accommodation because of that. Now it is included because the principal enforces 504 plans and has authority over the custodian. I'm not sure I'm explaining this very clearly, sorry!
Cathy
Quote:Originally posted by MommaBear:
[b]another pa dot com member posted it in a thread (can't find the exact thread, if someone could, it would be appreciated).[/b]
You're kidding, right? LOL!
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