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Posted on: Fri, 09/15/2006 - 3:51am
anonymous's picture
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Joined: 05/28/2009 - 16:42

I asked the "504 guru" and she said not to give them specific medical information that everything the doctor has signed is more than sufficient. (He signed a form stating the date and type of tests, ds allergies, his meds, and the life systems that are affected and notated that my ds "Has a potentially life-threatening allergy to peanut and tree nuts. Therefore injectable Epinephrine in the form of an Epi Pen must be available at all times". He also listed other med conditions (asthma) and med devices that must be with ds at all times.

Posted on: Fri, 09/15/2006 - 3:52am
Gail W's picture
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Joined: 12/06/2001 - 09:00

Quote:Originally posted by Gail W:
[b]If it were me, I'd have copies of those two lab results in my hand before the meeting. [/b]
And be able to speak to them, [i]generally[/i].
Is it possible that the allergist's office may have shared these lab results already to anyone at the school? Could these results be presented [i]by the school [/i]at your eligibility meeting?
Just don't want any unexpected 'data' being presented by the school. Or worse, I'd hate for the school to mis-represent this data in the meeting.
I think it's important that you are prepared to speak to the lab results. . . or even [i]present [/i]them if you believe they strengthen your 'side'.
[This message has been edited by Gail W (edited September 15, 2006).]

Posted on: Fri, 09/15/2006 - 3:59am
Gail W's picture
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Joined: 12/06/2001 - 09:00

Quote:Originally posted by ~*Trace*~:
[b] He signed a form stating the date and type of tests, ds allergies, his meds, and the life systems that are affected and notated that my ds "Has a potentially life-threatening allergy to peanut and tree nuts.[/b]
Got it. So the two lab tests that your son had are provided by the allergist in the forms that the school had him fill out.
Did the allergist state actual results of the tests on that form?
[This message has been edited by Gail W (edited September 15, 2006).]

Posted on: Fri, 09/15/2006 - 4:11am
anonymous's picture
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Joined: 05/28/2009 - 16:42

No, he just stated the tests that were done. As far as if he gave info to the school nurse I have no idea but I never game permission and in fact told them not to give out info. at this point. Things were getting way to confused with who said what to who.

Posted on: Fri, 09/15/2006 - 4:33am
Gail W's picture
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Joined: 12/06/2001 - 09:00

Quote:Originally posted by ~*Trace*~:
[b]No, he just stated the tests that were done. [/b]
Great. I agree, then, with your 504 guru that your strategy is to emphasize that:
1. There are two tests that exist to diagnose your child. Both tests were performed.
2. They were performed by a board certified allergist.
3. This is the hard data, along with your child's history, that the allergist used to base his diagnosis and his recommendations to the school.
I'm sorry if I'm harping on something pretty basic. But you might need to point this out in your meeting. This is the clinical 'data' that should be recognized in the eligibility process, and it's important, IMO that this not be brushed over quickly. If it were me, I'd make sure that this is discussed and make positive it's included in the paperwork because it's the only "data" that is [b]relevant[/b].
Just to explain where I'm coming from, at our meeting, the school attempted to present [i]their [/i]'data' to sorta contradict our allergist's letter. They tried to use 'attendance' records and a variety of 'school performance' records (e.g. report cards, standardized test results,etc) as data to make a case that the disability was not [i]'significant' [/i]as required by the eligibility criteria. They asserted that because DD did not miss school and that because her performance was good that her disability did not 'significantly' affect her. Of course that's not appropriate, but all the staff sat there nodding. [img]http://uumor.pair.com/nutalle2/peanutallergy/rolleyes.gif[/img]
I hope this is helpful information. Just trying to give you a heads up how 'data' can be misused.
[This message has been edited by Gail W (edited September 15, 2006).]

Posted on: Fri, 09/15/2006 - 4:49am
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Joined: 05/28/2009 - 16:42

Since ds is only in Kindergarten there isn't much other data, lol! Yes, he has missed 4 days of school already BUT one day he missed because of the concussion he sustained at school and then 2 days of last week because the "confusion" on the doctor's ~vs~ the school nurses orders and he's missing today as well.

Posted on: Fri, 09/15/2006 - 4:54am
Gail W's picture
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Joined: 12/06/2001 - 09:00

There is some very useful information from the OCR website about evaluation data. Have you seen this? [url="http://www.ed.gov/about/offices/list/ocr/504faq.html"]http://www.ed.gov/about/offices/list/ocr/504faq.html[/url]
[b]19. How much is enough information to document that a student has a disability?[/b]
The amount of information required is determined by the multi-disciplinary committee gathered to evaluate the student. The committee should include persons knowledgeable about the student, the meaning of the evaluation data, and the placement options. The committee members must determine if they have enough information to make a knowledgeable decision as to whether or not the student has a disability. The Section 504 regulation, at 34 C.F.R. 104.35(c), requires that school districts draw from a variety of sources in the evaluation process so that the possibility of error is minimized. The information obtained from all such sources must be documented and all significant factors related to the student's learning process must be considered. These sources and factors may include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior.In evaluating a student suspected of having a disability, it is unacceptable to rely on presumptions and stereotypes regarding persons with disabilities or classes of such persons. Compliance with the IDEA regarding the group of persons present when an evaluation or placement decision is made is satisfactory under Section 504.
[b]21. Must school districts consider "mitigating measures" used by a student in determining whether the student has a disability under Section 504?[/b]
Yes. A school district must consider a student's use of mitigating measures in determining whether the student is substantially limited in a major life activity. "Mitigating measures" are devices or practices that a person uses to correct for or reduce the effects of that person's mental or physical impairment. Examples include corrective eyeglasses and medications. A person who experiences no substantial limitation in any major life activity when using a mitigating measure does not meet the definition of a person with a disability and would not be entitled to FAPE under Section 504.
[b]22. Does OCR endorse a single formula or scale that measures substantial limitation?[/b]
No. The determination of substantial limitation must be made on a case-by-case basis with respect to each individual student. The Section 504 regulation, at 34 C.F.R. 104.35 (c), requires that a group of knowledgeable persons draw upon information from a variety of sources in making this determination.
[b]23. Are there any impairments which automatically qualify a student for protection under Section 504?[/b]
No. An impairment in and of itself does not qualify a student for protection under Section 504. The impairment must substantially limit one or more major life activities in order to qualify a student for protection under Section 50
[b]24. Can a medical diagnosis suffice as an evaluation for the purpose of providing FAPE?[/b]
No. A physician's medical diagnosis may be considered among other sources in evaluating a student with a disability or believed to have a disability which substantially limits a major life activity. Other sources to be considered, along with the medical diagnosis, include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior.
[b]28. Who in the evaluation process makes the ultimate decision regarding a student's eligibility for services under Section 504?[/b]
The Section 504 regulation at 34 C.F.R.104.35 (c) (3) requires that school districtsensure that the determination that a student is eligible for special education and/or related aids and services be made by a group of persons, including persons knowledgeable about the meaning of the evaluation data and knowledgeable about the placement options. If a parent disagrees with the determination, he or she may request a due process hearing.

Posted on: Fri, 09/15/2006 - 8:00am
anonymous's picture
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Joined: 05/28/2009 - 16:42

Thank you for that.
A ?- if they tell me they need access to ds' medical records before determining eligibility is that true? (even with everything I already have for them)
(I went through the links and didn't see that specifically but I could have missed something)

Posted on: Fri, 09/15/2006 - 8:21am
Gail W's picture
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Joined: 12/06/2001 - 09:00

here's one thread about the topic of schools wanting carte blanche access to your child's medical records; [url="http://uumor.pair.com/nutalle2/peanutallergy/Forum7/HTML/002236.html"]http://uumor.pair.com/nutalle2/peanutallergy/Forum7/HTML/002236.html[/url]
Hoping someone else will correct me if I'm wrong, but it seems to me that the general consensus here on the boards has been that it is not wise to allow open access. Try to remain the gatekeeper: The school can give you questions that you can forward to your doctor, and you can give the doctor's responses to the school.

Posted on: Fri, 09/15/2006 - 8:32am
Gail W's picture
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Joined: 12/06/2001 - 09:00

Another thread on the topic: [url="http://uumor.pair.com/nutalle2/peanutallergy/Forum7/HTML/002208.html"]http://uumor.pair.com/nutalle2/peanutallergy/Forum7/HTML/002208.html[/url]

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