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Posted on: Fri, 01/20/2006 - 1:09pm
Carefulmom's picture
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Joined: 01/03/2002 - 09:00

I think that makes sense that you would want to call the Dept of Education OCR, not the regular OCR. And based on what you read, it does sound like the phrase "reasonable accomodation" does not apply to schools. I guess the hard part now is to convince them of that. It would be so much easier if they would just accomodate a pa child because they want to do the right thing rather than because you convince them that they have to by law.

Posted on: Sat, 01/21/2006 - 2:01am
bandbmom's picture
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Joined: 12/14/2005 - 09:00

There's a good chance that there won't be much snacking going on. But, I can see them pulling some stunt like announcing that the children may have a snack before starting. I want to be prepared and cover all bases, especially with all that we've gone through already. If they would allow me to bring wipes, this would be the simplest thing to do. When I mentioned the wipes, there was no response. She was probably waiting for me to offer to provide them. She may say no, though, because there will be so many kids participating. Even if they agree to this, I'm just getting tired of giving them an easy out. I'm already providing the wipes for DS's class for after lunch. I was told by the principal the only way the class could wipe their hands after lunch is if I came every day to lunch and provided the wipes. Another mom of a PA little girl and I take turns doing this and have been doing it every day since the beginning of the year. If I agree to provide the wipes and my time once again, I'm taking the responsibility off them. On the other hand, I want Brandon to participate and don't want to make it difficult for him. But, since I'm there almost every day at lunch, I notice a major difference in him this year. He has become clingy and very emotional. I will attend this event if need be to make sure he's safe, but I thought it would be better for him without me there. BTW, he's in first grade.
Tracy

Posted on: Tue, 01/24/2006 - 2:24am
bandbmom's picture
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Joined: 12/14/2005 - 09:00

I did lots of research this weekend on Section 504 and Brandon rights under it. I came up with the email below to the asst. princ. and she called me this morning to say that they are taking care of things at the basketball clinic for him. She is going to take Brandon under her wing and they will be having the children that are eating snack do so on stage and then wipe their hands after. I have definitely learned that knowledge is power and I believe the law is really on our side!
Here is my email to the asst. princ.
Dear Mrs. W,
I would like to thank you for your phone call on Friday, January 20 to address my questions and concerns regarding the Detroit Pistons basketball clinic that will take place on Tuesday, January 24 after school. You let me know that there will not be any food passed out during the event, however, if children wish to have a snack before getting started, they will be permitted to do so. Since there is not much time to fit in a snack, I don't think this will be much of an issue. In the event there are children wishing to have a quick snack, your suggestion of having those children eat their snack on stage would be best to keep the food away from Brandon. However, if this does happen, it is absolutely imperative for Brandon's safety that the children that will be eating wipe their hands before participating in the clinic. You informed me that there will be many members of the staff there to help out during the event and I am confident that someone will make sure this is done to keep Brandon safe. I am also confident that someone from the staff will keep an extra eye on Brandon to ensure he is safe and free from a reaction, therefore, I do not plan on being there during the clinic. Since we discussed Brandon giving his Epi-Pen pack to Mrs. G to hold while he's participating, maybe she could be the person to watch out for him. This event does not specifically involve food, so I do not feel he will be in any immediate danger of having a reaction if the appropriate measures are taken. Again, I am confident that the staff will be able to monitor any snacks and make the necessary arrangements to ensure Brandon's safety.
My husband and I have done much thinking and research about this over the weekend and it appears that it is Brandon's right to be involved in this event and kept safe under Section 504 and FAPE (Free and Appropriate Pubic Education. I have listed some information below that I have obtained from The Department of Education Office For Civil Rights website along with some information obtained from the CAUSE (Citizens Alliance to Uphold Special Education) website. If you feel my interpretation of this information is incorrect, please let me know by the end of the school day today and I will contact The Department of Education Office For Civil Rights to verify what rights Brandon has under Section 504.
Of final note, we discussed that in the event Brandon has a reaction, the staff would be prepared to administer the Epi-Pen and that I will be contacted by the phone in Mrs. G office.
Thank you for your help in making this event fun and safe for Brandon. He is very much looking forward to it!
Sincerely,
Tracy Gagnon
Free and appropriate public education (FAPE): a term used in the elementary and secondary school context; refers to the provision of regular or special education and related aids and services that are designed to meet individual educational needs of students with disabilities as adequately as the needs of students without disabilities are met and is based upon adherence to procedures that satisfy the Section 504 requirements pertaining to educational setting, evaluation and placement, and procedural safeguards
104.1 PURPOSE OF SECTION 504
The purpose of Section 504 of the Rehabilitation Act of 1973 is to eliminate discrimination on the basis of a disability in any program or activity that receives federal financial assistance.
104.4 DISCRIMINATION PROHIBITED
The Commission of Civil Rights has defined this differently than other types of discrimination in that to treat persons with a disability

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]

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