More Articles
Peanut Allergy
You already know that if you or your child has a peanut allergy you need to avoid peanut butter. Some...
Food Allergies
There are many reasons why you may want to substitute almond flour for wheat flour in recipes. Of course, if you have a...
Food
Are you looking for peanut-free candies as a special treat for a child with...
Food
Do you have a child with peanut allergies and an upcoming birthday? Perhaps you'd like to bake a...
Food
Most nut butters provide all the same benefits: an easy sandwich spread, a great dip for veggies, a fun addition to a smoothie. But not...
Quote:Originally posted by Rhonda RS:
[b]If you want a full time nurse under IDEA or 504, ask for it in writing.
[/b]
Clarifying..........
Do you *think* my letter include a request for accomodation for PA and Asthma and Orthopedic Impairment under [b]IEP/OHI[/b] designation?
Do you *think* my letter include literature citation from the Mass Document re: the need for a full time school nurse in every school that has a child at risk for anaphylaxis?
Hi Rhonda,
Please email me at [email]mkbee@sbcglobal.net[/email] so I can respond privately to your questions on IEP/504s and why my daughter with disabilites does not have an IEP or 504. I don't want to take up PA.com space on it. I do have some experience with special ed, please see my posts on 504s. I am on a state advisory council for the education of children with disabilities. And I have put together 3 special ed seminars in the past year. So this is not an area I am unfamiliar with.
Thanks,
------------------
Mary Kay
Hi MB,
I have not been following your other posts, and I'm not sure where you are in the process of obtaining a formal disability designation for OI, food allergy and asthma.
How old is this cub? He's been in school with no accommodation plan in place for food allergy? From what I can tell, you already have an IEP to address you child's OI needs. Correct? But you don't have any disability protection in place for food allergy and asthma? You've never asked for a full-time nurse before? Have you already had your PPT for OI needs for next year? If you have, the SD is not required to give you another PPT meeting for OI before the year begins. (You know the strict IDEA schedule.) So, just discuss allergy/asthma issues in your letter if this is the case.
Whatever you are looking to obtain, you should write a letter to the 504 Coordinator/Director of Pupil Services. Keep the letter to one page long. Your letter might go something like this...
"We would like to request an accommodation plan meeting with the appropriate individuals who have the authority to assign a disability designation and determine my child's eligibility for accommodations and modifications under Section 504 and IDEA for severe food allergy and asthma. We hope to hear back from the you within one week's time to set a date for the meeting...In this meeting, we would also like to discuss the current schedule of school nurse in cub's school and how this may impact the safety of a child with severe food allergy and asthma."
I'd also include your carefully crafted doctor's letter - stating that the 'life system of breathing is affected, skin, cardiovascular and respiratory during anaphylaxis' - outlining the severity of you child's allergies and asthma issues.
That should get the ball rolling. Once you get into the meeting, you can bring up the need for a full-time nurse, and ask what you need to do to achieve this.
After you send this letter, I myself would put together an accommodation plan proposal, print off copies of the Mass. Doc., Nathan Walter's story and give all those documents to the principal and 504/DOPS three days before the meeting. Call ahead of time before you do this and say you want to share some resources with them.
[url="http://allergysupport.org/rhondadocs/Outline.htm"]http://allergysupport.org/rhondadocs/Outline.htm[/url]
Take care,
Rhonda
[This message has been edited by Rhonda RS (edited July 26, 2004).]
Quote:Originally posted by Rhonda RS:
[/b]Hi MB,
I have not been following your other posts, and I'm not sure where you are in the process of obtaining a formal disability designation for OI, food allergy and asthma.[/b]
[b]How old is this cub?[/b]
9 at the end of this month.
[b]He's been in school with no accommodation plan in place for food allergy?[/b]
He was homeschooled last school year and part of the previous. We withdrew him when we deemed the 504 plan obtained to be insufficient, among other reasons. (some big items were refused).
[b]From what I can tell, you already have an IEP to address you child's OI needs. Correct? But you don't have any disability protection in place for food allergy and asthma? [/b]
An IEP meeting was held at the end of this last school year in preparation for the fall. At that time a case study was conducted. (No surprise. We were previously informed per final disposition letter from the district attorney that a full case study not limited in scope would be conducted if we ever chose to re-enroll our child, and that due-process/mediation would be pursued to achieve it. [img]http://uumor.pair.com/nutalle2/peanutallergy/wink.gif[/img] ) Among the findings is a classification (#1) that opens the door for various interventions/implementations that otherwise might not be deemed necessary or even found on an IEP. [b]Related Services[/b], I believe.
[b]You've never asked for a full-time nurse before?[/b]
[i]not directly.[/i] didn't want to get "shot down". I think it is harder to achieve after a flat out denial. We also came to the resolution to have one after the dismal failure of the previous 504 meetings. I mean, the school nurse was never present for those many meetings. Meetings for a [b]health need[/b]. Should the nurse have been the team leader? Or at least a key team member?
[b]Have you already had your PPT for OI needs for next year?[/b]
Hmmmmmmm. They, We, have Planned for his Placement. They just cannot tell me where it is to be yet. (They are deciding where to put the program this year among three schools). We, They, agreed that the PA, Asthma, Food Allergies would be Planned for upon that decision, since we didn't know the layout or resources of the environment he would be in. We are not even aware of what the program day will actually even be like aside from the minutes outlined for specific need in his IEP. They did outline minutes for OT. But, they are aware we are currently seeking outside medical intervention for orthopedic needs that may or may not affect his needs at school (most likely will). They are waiting on that. The results of his recent gait study will require at least 3 weeks for interpretation.
[b]If you have, the SD is not required to give you another PPT meeting for OI before the year begins. (You know the strict IDEA schedule.)[/b]
Understood, but would it behoove them to do so? I mean, *we* are moving as fast as we can, given the fact they can't even tell me where the program is to be. (looking at calander...........worried)
[b]So, just discuss allergy/asthma issues in your letter if this is the case.[/b]
Thank you for your response. It means much to me.
[b]Whatever you are looking to obtain, you should write a letter to the 504 Coordinator/Director of Pupil Services.[/b]
The superintendent directed me to The Special Education Director. Is this the same thing?
[b]Keep the letter to one page long.[/b]
Absolutely. [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img] Hopefully, our Plan will be no more than a few pages. (Although the IEP is pretty long) I've heard you loose people after the first page. [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img] I know I have a tendency to really ramble. My husband is never amiss in pointing it out and telling me to stay focused and not lose people in my babbling. [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]
[b]Your letter might go something like this...
"We would like to request an accommodation plan meeting with the appropriate individuals who have the authority to assign a disability designation and determine my child's eligibility for accommodations and modifications under Section 504 and IDEA for severe food allergy and asthma. We hope to hear back from the them in one week's time to set a date for the meeting...In this meeting, we would also like to discuss the current schedule of school nurse in cub's school and how this may impact the safety of a child with severe food allergy and asthma."
I'd also include your carefully crafted doctor's letter - stating that the 'life system of breathing is affected, skin, cardiovascular and respiratory during anaphylaxis' - outlining the severity of you child's allergies and asthma issues.
That should get the ball rolling. Once you get into the meeting, you can bring up the need for a full-time nurse, and ask what you need to do to achieve this.
After you send this letter, I myself would put together an accommodation plan proposal, print off copies of the Mass. Doc., Nathan Walter's story and give all those documents to the principal and 504/DOPS three days before the meeting. Call ahead of time before you do this and say you want to share some resources with them.
[url="http://allergysupport.org/rhondadocs/Outline.htm"]http://allergysupport.org/rhondadocs/Outline.htm[/url]
Take care,
Rhonda[/b]
Thank you. [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img] Hope I made sense and did not babble.
[This message has been edited by MommaBear (edited July 26, 2004).]
Minutes:
2500/week as of this note.
The conference report of the IEP includes mention in at least two places, of evaluating the need for a 1:1 aide (no specific need mentioned) after the school year begins.
The Educational Accommodations section indicated: "Needs medical plan."
ps.....thank you. I'm looking very closely at the IEP right now. [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]
(fighting off the urge to take my cubs and retreat to the cave, however)
Hi MB,
Are you working with a whole new set of educators and school? Same Superintendent? I'm guessing some of the players have changed.
You already had a 504 Designation for him previously and a 504 Plan from the district...Interesting. So the district recognized cub's allergy and asthma as being covered under Section 504?
I'd do this by the book so you do not run into problems later. Here are my suggestions:
Since the SD is throwing out the possibility of OHI under IDEA for food allergy, I think it's best to fire off a new request letter and all the documents I mentioned. It's also important to do this since the 504 Plan from a few years ago was not adequate. And since you've already had your OI PPT at the end of last year, I think it's best to request a new meeting and keep the food allergy and asthma issues separate for now. Even if the SD wants to give you an OHI designation under IDEA for food allergy over the phone - let them tell you that in a formal meeting that you request in writing.
Get your letter out ASAP. Once the SD receives your letter, the SD may try to give you the run around on the phone by saying that they are just going to tack on an IHP to the IEP. As this point, you will need to insist on having a separate meeting to determine your cub's disability designation: 504 or IDEA OHI. Either way, you need to create accommodation plan.
Also, request in writing that the school nurse be present the disability designation meeting. Yes - the school nurse is a key member of any critical educational meeting where a serious health issue is the focus. She would be considered a "knowledgeable individual" under the law. As an accommodation to assist in allergy management, request in your letter that you would like cub's next year's teacher to attend the meeting as well since she will be the person implementing the accommodation plan.
Let's add OCR's Allergy as a Hidden Disability Document to the documents that you'll be sending in. (Go to the OCR web site, type in keywords: Allergy Hidden Disability - it should come up as the first document). I think that if your 504 Plan was not adequate a few years ago, you need to make the SD understand that OCR recognizes food allergy as a hidden disability, and they will be more likely to take the issue more seriously and provide more appropriate accommodations this time around. The OCR Hidden Disability Document should achieve this.
The Director of Pupil Services usually holds the dual position of 504 Coordinator and Director of Special Education. Call the superintendent's office and ask if this is the case. You need to know and understand everyone's titles.
The school district *can* tell you where cub will be next year if they wanted to (how could they not know?). If knowing who the teacher is will assist in planning and your child's success for next year, you can request that you be told who the teacher is as an accommodation under IDEA. Request this in writing in a letter separate from the food allergy / asthma letter.
In general, the SD is not going to give you any meeting that they don't have to. When it comes to IDEA, they are quite conscious of the federal rules. This is the reason I framed the request for a meeting the way I did - they would be hard pressed to refused this meeting given the way I wrote the paragraph.
Now, based on your last post the SD wants to give you a "Medical Plan" to address food allergy and asthma - which is *exactly* what I anticipated they would do. This is not sufficient. Make the district meet with you and your husband again for the purpose of giving cub either the OHI IDEA Designation or the 504 Designation in writing. Nothing less is acceptable if you don't want to run into problems again later down the road.
Fight or Flight - human instinct. [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img] No you did not ramble [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]
Take care,
Rhonda
[This message has been edited by Rhonda RS (edited July 26, 2004).]
Hi Mary Kay,
Are you serious or you just trying to get us all riled up here on pa.com?
Nathan Walters, a nine year old, died a few years ago because he ate a small amount of peanut products on a fieldtrip at school. The school knew he had severe allergies and still gave him the lunch that killed him. Nathan's father, Rick, told me that he knew nothing about Section 504 or IDEA at the time, and had he known, things might be different today. Disability designations can help protect our children from death.
FAAN cites over 150 people die each year due to allergic reactions.
Of course children with life-threatening allergies deserve disability status. The U.S. Office for Civil Rights lists "allergy" as a hidden disability. It's presented along with diabetes and epilepsy. Severe food allergy affects the life system of breathing, as well as cardiovascular, skin and respiratory: It meets the definition of disability under the Section 504.
I am surprised and disappointed that you think only some disabilities make the cut of being real since you've been chosen the Illinois State Advisory Council for the Education of Children with Disabilities. Parents of children with food allergy and asthma in your state are now at a disadvantage. If you truly are a child and parent advocate, you should advocate for all children with any disability not the just the ones you think are real.
My daughter almost died in my arms when she was 5 months old due to a severe allergic reaction - she stopped breathing. If that's not real, I don't know what is.
In a national advocacy seminar I attended (Partners in Policy Making), I participated in classes with many individuals and parents of children who had various disabilities: Down Syndrom, Spina Bifida, CF, MS, Mental Retardation, Hearing Loss, and the list goes on. I was chosen for the seminar specifically because my child has severe food allergy. On the one hand, a child with food allergy who has no other disability does not face the challenges of those who have the disabilities I mention above. However, each and every time our children eat, they could die as a result of ingesting the wrong food. Due to this reality, they must be protected from harmful allergens that could kill them. We must focus on prevention and emergency response.
I wish you the best in your efforts to support your daughter and individuals with IDEA disabilities - I'm sure your intentions are good. I can only hope you have a change of heart, do some research and learn more about how Section 504 and IDEA apply to food allergy and asthma. I can only infer that you have become entangled in the institution's dogma that perhaps you initially set out to change.
Best wishes,
Rhonda
[This message has been edited by Rhonda RS (edited July 29, 2004).]
[b]Are you working with a whole new set of educators and school?[/b]
Yup. [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img]
[b]Same Superintendent?[/b]
Nope. [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img]
[b]I'm guessing some of the players have changed.[/b]
(counting on fingers.......)
That I can think of offhand or even know of? The super, the vice super, the principal (although we won't be at that school and anywhoooooo.....[i]before summers end, the principal changed yet again for a second time[/i]), and the school psychologist. At his prior school. But this school *is* a whole new set as well. But the team at the *old* school developed the IEP and conducted the case study.
But just noting, [i]I will be sure to put things in writing[/i] and request the same of others, as I can see there is a heavy employee turnaround.
Wouldn't ya know..........one of the original players popped up in [i]one of the other[/i] original player's positions recently. That's ok, since that person is leaving a position that(to do that position change) I will need to communicate with on a regular basis. Lemonaide even.
And no offense to anyone and not placing blame, we just didn't. Communicate. [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img] Our karma didn't mix. Crossing auras........ wrong signs.........[i]whatever[/i]. Sometimes, that happens.
[b]You already had a 504 Designation for him previously and a 504 Plan from the district...Interesting.[/b]
Actually, [i]we never signed the final draft[/i]. Key elements, accomodations, recommended, standard interventions [i]were missing[/i].
[b]So the district recognized cub's allergy and asthma as being covered under Section 504? [/b]
Yes. As far as I could tell, the document was entitled a "504". Part of the meeting was devoted to addressing the recognition and establishment of his LTFA and Asthma as [i]a disability covered under section 504.[/i]
We received a formal invitation to the "504" meetings several times. The look like the iep invites and list persons who will be present, some legalities, some rights, and dates to do things by. We also received an "explanation of procedural safeguards" document for [i]parents/guardians of students with disabilities[/i] at the time....... (on my own, I obtained [b]"A Parents' Guide, The educational Rights of Students With Disabilities"[/b] revised 2001, which is more [i]in-depth[/i] in my meager opinion)
[b]I'd do this by the book so you do not run into problems later. Here are my suggestions:
Since the SD is throwing out the possibility of OHI under IDEA for food allergy, I think it's best to fire off a new request letter and all the documents I mentioned. It's also important to do this since the 504 Plan from a few years ago was not adequate. And since you've already had your OI PPT at the end of last year, I think it's best to request a new meeting and keep the food allergy and asthma issues separate for now. [/b]
Completely Understand. I don't want it buried in those 50 some pages of his current IEP. I believe people *do* look at those pages (they have to), but most of what is in those pages are what they are very accustomed to and were formally trained to interpret. Probably what they [i]expect[/i] and know [i]second nature[/i].
[b]Even if the SD wants to give you an OHI designation under IDEA for food allergy over the phone - let them tell you that in a formal meeting that you request in writing.[/b]
Yes. absolutely. Good you remind me tho, since [i]everyone is being so, so..........accomodating.[/i] I think it is [i]real[/i], but this is an imperfect world, and memories fail, especially when dealing with many faces, and many needs, and many stressors. I recognize that my family is not always (or ever) going to be #1 priority on anyone's list. I am also keeping in mind that sometimes, people change positions, or even leave the institution. Sometimes, more frequently than I am used to. Nothing wrong with that, just that I am not personally used to it. I'm one of those people whose job grows on me. I like *my* parking space, you know? I'm rambling, so I'll just say:
Document. Document. Document.
[b]Get your letter out ASAP. Once the SD receives your letter, the SD may try to give you the run around on the phone by saying that they are just going to tack on an IHP to the IEP. As this point, you will need to insist on having a separate meeting to determine your cub's disability designation: 504 or IDEA OHI. Either way, you need to create accommodation plan.[/b]
Yes. I'm working on it tonight. (I made some more phone calls, and you were [b]right[/b]..........my cub has been assigned a school. (Actually, they gave me the choice of several. *JOY*)
I even found out, the program my youngest cub is assigned to will most likely receive the funding it needs. Still, I'm not counting on it, and can only pray........it is a [i]fabulous[/i] program. ) I will note, however, they were numbers the district office suggested I call. Just thought that if anyone knew, it would be the district office. Guess I should have called other offices first. That or maybe the paperwork finally got through.
[b]Also, request in writing that the school nurse be present the disability designation meeting. Yes - the school nurse is a key member of any critical educational meeting where a serious health issue is the focus. She would be considered a "knowledgeable individual" under the law. As an accommodation to assist in allergy management, request in your letter that you would like cub's next year's teacher to attend the meeting as well since she will be the person implementing the accommodation plan.[/b]
From what I'm told, the nurse at his assigned school will most likely make it a priority. [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img] (crossing fingers) I am also eager to meet his teacher. (Many of the 3rd grade teachers I've met are soooooooooo cooooool). Must be the age group they teach. [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img] I loved my third grade teacher.
I might really enjoy this year along with my cubs. [img]http://uumor.pair.com/nutalle2/peanutallergy/cool.gif[/img]
[b]Let's add OCR's Allergy as a Hidden Disability Document to the documents that you'll be sending in. (Go to the OCR web site, type in keywords: Allergy Hidden Disability - it should come up as the first document). I think that if your 504 Plan was not adequate a few years ago, you need to make the SD understand that OCR recognizes food allergy as a hidden disability, and they will be more likely to take the issue more seriously and provide more appropriate accommodations this time around. The OCR Hidden Disability Document should achieve this.[/b]
The letter is in my paws.
[b]The Director of Pupil Services usually holds the dual position of 504 Coordinator and Director of Special Education.[/b]
Makes sense to me.
[b] Call the superintendent's office and ask if this is the case. You need to know and understand everyone's titles.[/b]
[i]There are so many......[/i] I've got to remember those in [b]Early Childhood[/b] and those in [b]Special Education[/b].
[b]The school district *can* tell you where cub will be next year if they wanted to (how could they not know?).[/b]
Like I said......[i]you were right[/i]. Sometimes, I can't see the forest for the trees. How did I let that one get by????
[b]If knowing who the teacher is will assist in planning and your child's success for next year, you can request that you be told who the teacher is as an accommodation under IDEA. Request this in writing in a letter separate from the food allergy / asthma letter.[/b]
They gave me the name of the teacher for his original assignment today, but we picked a different school.........I asked so many things over the phone, [i]I forgot to ask[/i]. I think I will start writing things down before I call. Again.
[b]In general, the SD is not going to give you any meeting that they don't have to. When it comes to IDEA, they are quite conscious of the federal rules. This is the reason I framed the request for a meeting the way I did - they would be hard pressed to refused this meeting given the way I wrote the paragraph.
Now, based on your last post the SD wants to give you a "Medical Plan" to address food allergy and asthma - which is *exactly* what I anticipated they would do. This is not sufficient. Make the district meet with you and your husband again for the purpose of giving cub either the OHI IDEA Designation or the 504 Designation in writing. Nothing less is acceptable if you don't want to run into problems again later down the road.[/b]
Understood. I was told the school I picked has a full time school nurse who is very involved [b]and[/b] and an assistant nurse. Coincidence???? [img]http://uumor.pair.com/nutalle2/peanutallergy/wink.gif[/img] Either way, I want [b]A Full Time School Nurse (RN) [i]and[/i] all that entails[/b] written into his Plan. You know, just in case........
[b]Fight or Flight - human instinct. [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img] No you did not ramble [/b]
Thank You.
BTW, you are very patient with me. Thank You, again.
Quote:Originally posted by Rhonda RS:
[b]Also, request in writing that the school nurse be present the disability designation meeting. Yes - the school nurse is a key member of any critical educational meeting where a serious health issue is the focus. [/b]
specifically:
[i]"She would be considered a "knowledgeable individual" under the law."[/i]
love it. Lot of motivation in those words. I know. [img]http://uumor.pair.com/nutalle2/peanutallergy/wink.gif[/img] I mean, there is also an [i]expectation that certain persons posess certain knowledge.[/i] And keep it current. There must be, or at least [i]a need be[/i], or I wouldn't keep updating my knowledge base and gleaning continuting education credits even tho it is not required of me. [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]
How many thousands of posts I've made, and I could not find the words you did??????
Oh, for the gift of that clarity. [img]http://uumor.pair.com/nutalle2/peanutallergy/cool.gif[/img]
thank you thank you thank you. [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img]
[This message has been edited by MommaBear (edited July 26, 2004).]
Hi MB,
I'm glad I can assist. Thank you for the compliments [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]
I am anticipating that you will get into your food allergy / asthma designation meeting and the SD will say... "Well, we've looked at everything, and we don't think cub qualifies for IDEA...Now let's see if Section 504 applies." This is the reason you will have provided them with all the 504 documentation.
Now, if you want to really hedge your bet, you can use peer pressure which we've found very useful time and time again in CT: Reach out to your network of moms, and see if you can find three towns that surround your town where kids have good 504 Plans for food allergy (and asthma - asthma may be tough to find since most parents don't know asthma qualifies under 504). Get these parents to share the plans with you. Ask if you can share their plans with your school (with all names removed of course). This strategy will assist the district in seeing that other districts are doing the same kinds of things you are asking. The SDs cannot share the plans or even give you the names of kids because of FERPA. So, you will have to rely on your mom network. I'd start working on this piece since it will take time, and you'll probably have the plans by the time you need them should you run into resistance about the accommodations and modifications you want made.
Take care,
Rhonda
Pages