Posted: 06.03.2010 at 02:13:52
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(ran out of room-- sorry)
Quote:
19. How much is enough information to document that a student has a disability?
At the elementary and secondary education level, 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 regulatory provision 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.
Emphasis mine.
So what, one might reasonably ask, constitutes "might reasonably be suspected of having" a disability, and therefore be grounds for evaluation...
Well, OCR addresses THAT, as well:
Quote:
31. What is reasonable justification for referring a student for evaluation for services under Section 504?
School districts may always use regular education intervention strategies to assist students with difficulties in school. Section 504 requires recipient school districts to refer a student for an evaluation for possible special education or related aids and services or modification to regular education if the student, because of disability, needs or is believed to need such services.
SO if they are going to make ANY accommodations, they are OBLIGATED to evaluate. Because it shows that such services are needed. Oh, and furthermore, if you word written requests appropriately, I'm guessing that they are also obliged to evaluate. Becuase YOU and your child's PHYSICIAN are certainly "experts" on the subject of management of the child's allergy, and certainly qualify as "persons familiar with the child" and also with "the disabling condition." Therefore, if PARENTS think that the child needs accommodations, that alone should be basis for an evaluation under Section 504.
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Above info is all from:
http://www2.ed.gov/about/offices/list/ocr/504faq.html#evaluation
Posted: 06.03.2010 at 09:39:02
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This is backwards. They should read the OCR Letter to Gloucester.
(do you have it?)
Yes, I have heard of districts trying to do this and saying a medical plan (IHCP) is enough. In fact my district does this. (but a few people did push for the 504 and finally got them after OCR Letter to Gloucester was issued).
ALso, ADAA (2009 I think?) made it pretty darn clear that LTFA is a qualifying condition.
Posted: 06.04.2010 at 01:49:59
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My district attempts to push all LTFA into IHCP's. They do this in attempt to keep folks from seeking 504 or IEP -- by pretending to have the child's best interests and safety as focus with the IHCP.
My district also attempts to have the LTFA parents/families accomodate the use of food (curricular and non-curricular) rather than the other way around.
My district? For 20 more days --
http://www.fcps.edu/dss/ips/ssaw/healthservices/ Scroll just past half-way down & you'll find their links to the different lists of "responsibilities".
Everything about it is constructed to push the parents toward IHCP and to make it look as though the school district is soooooooo working "for" the child, when in reality,
well,
some of us know better.
NQ/NQ
My district is the one in which FAAN is housed and sits smack-dab in the middle of.
I hear rumblings that some parents are trying to improve FFX and get it more in line with the new ADA and standards supposedly espoused by FAAN and the medical/professional organizations that have some policies and procedures outlined thru their orgs.
Good luck with that (meant in sincerity).
However, we (my family) have little stomach left for the patent dishonesty and subterfuge we've encountered at every turn here.
We are done.
(Reminder -- this is the district where the allergist recommends to patients to "MOVE TO MARYLAND" for better school situation for LTFA.)
Posted: 06.04.2010 at 01:58:46
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Crossposting this from the SCHOOL NURSE thread here.
11.12.2008 at 02:03:56, ajasfolks2 wrote:
Book from Amazon. It's thick. (Text book!)
Legal Issues in School Health Services
By Nadine C. Schwab, Mary H. Gelfman
Can read it online
Look at pages 189 - 191.
Students With Life-Threatening Alleriges
http://books.google.com/books?id=F8JmObZT0gYC&printsec=frontcover http://books.google.com/books?id=F8JmObZT0gYC&printsec=frontcover#PPA189,M1 Chapter 11 starts here:
http://books.google.com/books?id=F8JmObZT0gYC&printsec=frontcover#PPA335,M1 Page 337 is GOLDEN in the section "Notice and Coordinator Requirements" as to discussion of nurse:
As an ethical matter, school nurses must be advocates for students regarding their rights under S. 504, even when that advocacy may place them in conflict with district administrators.
(Oh, read that whole section!!!!!!!)
Now, earlier in Chapter 6, there is section Individualized Health Care Plans -- pages 190 - 192. Worth every second it takes to read that as well.
http://books.google.com/books?id=F8JmObZT0gYC&printsec=frontcover#PPA190,M1 NO time today to put excerpts here, but will try to work on it next week.
THIS BOOK IS VERY, VERY HELPFUL.
Worth.every.nickel.