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Posted on: Tue, 01/24/2006 - 3:00am
qdebbie1's picture
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Joined: 02/10/2005 - 09:00

This lets them know, you mean business and you know your rights.
you go girl.
If we all stopped at the first no, nothing would change.

Posted on: Tue, 01/24/2006 - 5:31am
Momcat's picture
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Joined: 03/15/2005 - 09:00

Well done, Tracy! I especially like the part about how you will check with OCR if they disagree with your interpretation of your son's rights [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]
Now you just need to get them to do the wiping everyday at lunch. Your son is entitled to that, too. Our daughter's first grade teacher hands a wipe to each child as they return to the classroom after lunch. They wipe their hands, throw out the wipes and sit down. It only takes a minute. We provide the wipes as a donation to the school.
Cathy
[This message has been edited by Momcat (edited January 24, 2006).]

Posted on: Tue, 01/24/2006 - 10:34am
anonymous's picture
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Joined: 05/28/2009 - 16:42

Tracy,
I am so glad that this worked out. Your email was great and very informative as to the fact that you know the law.
Great job and congrats!!
Lana [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

Posted on: Fri, 01/20/2006 - 10:18am
ajas_folks's picture
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Joined: 04/28/2000 - 09:00

Just me wondering -- What would the Detroit Pistons think of refusal to REASONABLY protect the life of your child??
Like I said, just me wondering.
~Elizabeth

Posted on: Fri, 01/20/2006 - 10:37am
anonymous's picture
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Joined: 05/28/2009 - 16:42

Tracy,
I think that "reasonable" accomadations means that they have to allow your son to be able to participate. It's not a matter of what 90+ students have to "give up" that is or isn't "reasonable" it's what accomadations can allow your son to participate or not.
My understanding, mind you this could be wrong, that him being around p-nut containing food would pose a problem for your son being able to participate. End of story...YOU also paid to have your son participate and guess what, he can't participate if it endangers his life - will it endanger THIER lives by NOT eating a freaking snack?
This really boils my blood when they make STUPID and uneducated comments like she did. Snacks are just that, let them eat before they bloody get there - it's not a meal OR better yet, let's just make it known to all those precious paying parents that they can in fact have a snack...as long as it does not contain peanuts!!!!! WOW there is a no brainer.
Sorry for venting in your thread - but come on people. BTW, 504 is Federal law so it doesn't matter which state you live in, it's all the same....another real educated comment by the lady who answered the phone.
Good luck Tracy, I know I didn't do anything but probably make you angrier...if I think of something that might actually help, I'll post back.
Lana [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

Posted on: Fri, 01/20/2006 - 10:39am
Momcat's picture
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Joined: 03/15/2005 - 09:00

Maybe snack time could be at the end of the event and you could pick your son up just before snack time. Or could snack time be right before the event and everyone could wipe their hands before playing basketball? Good luck! They do need to accommodate somehow since it is a school event.
Cathy
------------------
Mom to 6 1/2 yr old PA/TNA daughter and 3 yr old son who is allergic to eggs.
[This message has been edited by Momcat (edited January 20, 2006).]
[This message has been edited by Momcat (edited January 20, 2006).]

Posted on: Fri, 01/20/2006 - 11:06am
Carefulmom's picture
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Joined: 01/03/2002 - 09:00

I agree they have to accomodate as it is a school event. However, I also was under the impression that the magic phrase was "reasonable accomodation". Unfortunately, their idea of reasonable is often not the same as ours. I feel for you and hope it works out. It is not fair that he should have to miss this just because he is pa and needs accomodations. It isn`t his fault.

Posted on: Fri, 01/20/2006 - 11:23am
bandbmom's picture
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Joined: 12/14/2005 - 09:00

Well, I've been doing some more research on-line and I found this on the Michigan Department of Education site under Office For Civil Rights:
Reasonable accommodation: a term used in the employment context to refer to modifications or adjustments employers make to a job application process, the work environment, the manner or circumstances under which the position held or desired is customarily performed, or that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment; this term is sometimes used incorrectly to refer to related aids and services in the elementary and secondary school context or to refer to academic adjustments and auxiliary aids and services in the postsecondary school context.
This was under the 504 Frequently Asked Questions section of their site. It called the Department of Civil Rights Department, not the Department of Education Office for Civil Rights. I think that was my mistake. So, my next phone call on Monday will be to the DOE Office of Civil Rights. I also found a great site for someone else that may be able to help. It's [url="http://www.causeonline.org."]www.causeonline.org.[/url] They are Michigan's Citizen's Alliance to Uphold Special Education (CAUSE). I should also give them a call. Their site had some great 504 info on it, too. I'm back to believing the law is on our side. Here's one thing that I read that I think applies to this situation, please tell me if I'm reading this correctly:
104.34 (c) COMPARABILITY
A recipient of federal money who operates a facility that is identifiable, as being for persons with disabilities must insure that the facility, the services and activities provided therein, are comparable to other facilities, services and activities of the recipient.
Example: When non-disabled students are given an opportunity to attend extracurricular activities, students with disabilities must be given this opportunity as well.
An OCR policy summary states that:
the following are distinctions between Section 504 and the Individuals with Disabilities Education Act (IDEA) formerly known as Education of the Handicapped Act. Date: October 1988:

Posted on: Fri, 01/20/2006 - 11:47am
SpudBerry's picture
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Joined: 07/23/2002 - 09:00

I'm hoping that not that many kids actually bring a snack. It's only an hour & 15 minutes long, and I'm guessing that not many kids are going to want to stop playing long enough to go sit down & eat a snack that their mom's packed for them.
My guys are in a 2 hour basketball program and they don't even stop long enough to have a drink of water! They went last Saturday and they'll go again tomorrow.
I realize that you want to be prepared for the worst, but I'm guessing it won't turn out to be as big of a deal as you are dreading. And hopefully all the snack eating will be before it starts - I might position myself on the stage, act like I run the place, and walk around handing out wipes to all who ate [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]
I bet no one would even question you - and that way you wouldn't have to draw any attention to your son and his predicament. I know it stinks to have to do these covert operations, but this one might be worth it in the long run.
------------------
Sherlyn
Mom to 6 year old twins Ben & Mike - one PA & the other not.
Stay Informed And Peanut Free!

Posted on: Fri, 01/20/2006 - 12:05pm
mcmom's picture
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Joined: 06/15/2004 - 09:00

It always amazes me people think kids can't go an hour without a snack.
I often do what SpudBerry suggested - just walk around with wipes and act like I'm in charge [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

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