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Posted: Oct 11th, 2007 at 02:49 am
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Some places to start:
http://www.foodallergyinitiative.org/section_home.cfm?section_id=4&sub_section_id=4
http://www.ed.gov/about/offices/list/ocr/docs/hq5269.html
http://www.aafa.org/display.cfm?id=9&sub=20&cont=280
http://www.foodallergyadvocate.com/Section504IDEA.htm
http://www.ed.gov/about/offices/list/ocr/504faq.html
http://www.nasn.org/Default.aspx?tabid=226
http://www.aaaai.org/media/resources/academy_statements/position_statements/ps34.asp
Tips:
1. Communicate anything that you want to keep... in writing only. E-mail is almost always better than a phone call.
2. Print e-mails.
3. If you are tempted to carry on a telephone conversation with someone official rather than conducting 504 business in writing.... don't. No matter how 'nice' they are.
(Tips provided by CM)
Here's the Food Allergy and Anaphylaxis Network (FAAN)'s latest statement on this issue:
Schools and the Law
It is generally accepted that children with life-threatening food allergies are considered disabled under federal civil rights laws, such as Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA). Section 504 is overseen by the U.S. Department of Educations Office for Civil Rights along with the U.S. Department of Agriculture's Office for Civil Rights.
The ADA is overseen by the U.S. Department of Justice.
If you have any questions about food allergy and schools, or about legislation in your state, send an email to advocacy@foodallergymail.org
from: http://www.foodallergy.org/advocacy/advocacy-schools.html
And according to the Office of Civil Rights at the Department of Education, "hidden disabilities" are covered by Section 504:
(Provided by Greenlady)
WHAT ARE HIDDEN DISABILITIES?
Hidden disabilities are physical or mental impairments that are not readily apparent to others. They include such conditions and diseases as specific learning disabilities, diabetes, epilepsy, and allergy. A disability such as a limp, paralysis, total blindness or deafness is usually obvious to others. But hidden disabilities such as low vision, poor hearing, heart disease, or chronic illness may not be obvious. A chronic illness involves a recurring and long-term disability such as diabetes, heart disease, kidney and liver disease, high blood pressure, or ulcers.
http://www.ed.gov/about/offices/list/ocr/docs/hq5269.html
The key is demonstrating that the medical condition has a "material effect on one's ability to perform a major life activity."
(Provided by Greenlady)
New Jersey Specific Links:
http://www.assembly.state.ny.us/leg/?bn=A04051
http://www.state.nj.us/education/parents/shg.pdf --- this one gets especially interesting around page 50-ish
http://www.state.nj.us/health/chs/monthlyfactsheets/foodallergy.pdf
http://www.spannj.org/links_to_visit.htm
http://www.state.nj.us/agriculture/PolicyQA.pdf
(Provided by gvmom)
USDA Document:
http://www.fns.usda.gov/cnd/Guidance/special_dietary_needs.pdf --- love section II.A. "Disability"
(Provided by gvmom)
Last Edited by
notnutty
Dec 3rd, 2007 at 01:22 am
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“The truth is that our finest moments are most likely to occur when we are feeling deeply uncomfortable, unhappy, or unfulfilled. For it is only in such moments, propelled by our discomfort, that we are likely to step out of our ruts and start searching for different ways or truer answers.” Scott Peck
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Posted: Oct 11th, 2007 at 02:55 am
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Here are some 504 "tips". If some of them look familiar to some of you it is because they might be portions of information I received previously.
1. The 504 Designation maintains the School District's accountability to proactively create the accommodations. This accountability and ownership is necessary for you to have a good, healthy relationship with your school community.
2. Just because things are fine now, doesn't mean they will be fine tomorrow, next week, next month, or next year. Teachers change, principals change, retire, die, etc. One new person can make your "wonderful" plan a nightmare. If you do not have a 504, you have no backup to continue with a great plan.
3. Allergy is considered a hidden disability and therefore qualifies for a 504.
4. All concerned parties involved in creating a formal, documented plan to address concerns/issues.
5. Plan follows the student through school, can be updated yearly.
6. A 504 includes non-academic services and third parties (sports, clubs, field trips).
7. Providing accommodations without a 504 plan is a violation.
8. Refusing to give 504 determination may be a violation.
9. School employees are legally responsible to implement designated accommodations/strategies in a 504 plan.
10. A 504 has grievance procedures, evaluation and placement standards, and procedural safeguards in place.
11. District administration cannot overrule 504 or special education evaluation and placement decisions.
12. With a 504, cost cannot be used as a determining factor in deciding special services. This does not apply to an IHCP. Also, the "reasonable accomodations" wording in the law does not apply to the education setting.(Source: OCR Letter to Zirkel)
13. Social aspects (bullying/teasing) can be appropriately addressed in the context of discrimination through a 504.
14. A 504 protects my child from inadvertent discrimination, even if it was well intentioned.
15. A IHP can be the major component to a 504 plan.
16. Issues of segregation as a problem are difficult to address and enforce using the perspective of the IHP. The IHP can be great at addressing safeguards, but not leveling the playing field.
17. That section of the 504 law, combined with Title II of ADA provides good support all the way through the college years; see OCR's Q&A for some interesting information: http://www.ed.gov/about/offices/list/ocr/qa-disability.html
In 504, the focus is on non-discrimination. As applied to the schools, the language broadly prohibits the denial of public education participation, or enjoyment of the benefits offered by public school programs because of a childs disability. To encourage compliance, Congress did not create an additional source of federal funding, but instead, conditioned future receipt of federal funds on the districts compliance with the new requirements."
18. An IHP is usually administered by the School Nurse, who is legally bound to her State Nurse Practice Acts (State laws that she legally must follow, licensing accountability, professional standards, etc.). In general, an IHP tends to look at PA as a health need from a medical perspective.
19. A 504 Plan is legally binding to a different law, the Rehabilitation Act of 1973 (Section 504). This law addresses discrimination by ensuring a students' access to the learning environment. In general, a 504 plan addresses the aspects of "access" and "rights" in a "Least Restrictive (learning) Environment" (LRE).
20. A ideal model would be where the School Nurse advocates for my childs medical needs (from a 'medical model' perspective), and where the 504 coordinator advocates for my childs normalcy needs (from a 'least restrictive environment' model). These two perspectives can be in conflict, the old "safety vs. normalcy" spectrum that we, as parents, struggle with daily. But this is a necessary conversation with members of the school staff who come to the table with these different perspectives.
21. "Need" isn't a qualifying factor, and no where in the law does it state that you must prove "need". This is an attempt to sidetrack you. The reason that you are requesting 504 Designation for your child is because he qualifies. Period.
22. Line up your data (physician letter, USDA Guidelines, 504 law, state DOE guidelines, AAFA article, AAAAI guidlines, etc.) with pertinent statements highlighted and state "I've provided you with X number of authoritative sources proving to you that my child child qualifies for a 504 Designation. You must prove to me that he does not."
Feel free to add or clarify as any of you see fit.
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“The truth is that our finest moments are most likely to occur when we are feeling deeply uncomfortable, unhappy, or unfulfilled. For it is only in such moments, propelled by our discomfort, that we are likely to step out of our ruts and start searching for different ways or truer answers.” Scott Peck
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Posted: Nov 14th, 2007 at 07:56 pm
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bumping for nonuts.
There are various references to the requirements for a 504. Learning does not have to be affected to qualify.
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“The truth is that our finest moments are most likely to occur when we are feeling deeply uncomfortable, unhappy, or unfulfilled. For it is only in such moments, propelled by our discomfort, that we are likely to step out of our ruts and start searching for different ways or truer answers.” Scott Peck
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Posted: Nov 15th, 2007 at 09:10 pm
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The AAAAI link states it no longer exists. What article was it? |
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Posted: Nov 16th, 2007 at 04:27 pm
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Nov 15th, 2007 at 09:10 pm, aggiedog wrote:
The AAAAI link states it no longer exists. What article was it?
The link isn't complete. When you open the link add ".asp" to the end of the link and the document will open. |
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Posted: Dec 6th, 2007 at 06:13 pm
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“The truth is that our finest moments are most likely to occur when we are feeling deeply uncomfortable, unhappy, or unfulfilled. For it is only in such moments, propelled by our discomfort, that we are likely to step out of our ruts and start searching for different ways or truer answers.” Scott Peck
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Posted: Dec 6th, 2007 at 06:14 pm
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National Parent Advocates:
http://www.taalliance.org/
(thanks aggiedog)
Edited to update link
Last Edited by
notnutty Apr 28th, 2008 at 07:40 am
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“The truth is that our finest moments are most likely to occur when we are feeling deeply uncomfortable, unhappy, or unfulfilled. For it is only in such moments, propelled by our discomfort, that we are likely to step out of our ruts and start searching for different ways or truer answers.” Scott Peck
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Posted: Jan 2nd, 2008 at 08:55 am
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From lilpig99.... regarding school staff:
'A personal relationship with the staff need not be the basis to keeping your child safe while at school. Your child's safety should not be based on someone's willingness to be trustworthy, respectful and cooperative.'
I think this is a good perspecitve to keep in mind. Thanks lilpig99!
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“The truth is that our finest moments are most likely to occur when we are feeling deeply uncomfortable, unhappy, or unfulfilled. For it is only in such moments, propelled by our discomfort, that we are likely to step out of our ruts and start searching for different ways or truer answers.” Scott Peck
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Posted: Jan 2nd, 2008 at 03:09 pm
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Someone posted that nice tidbit awhile back and it struck a chord in me. I wish I could recall who's thought it was. |
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Posted: Jan 6th, 2008 at 03:14 pm
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riaa...so sorry...I tried to split the topic to give your questions it's own thread...but poof! the new thread is not showing up.
That has never happened before! So sorry.
I wanted to say welcome and we will make it's own thread to get your question answered. I will try again.
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“The truth is that our finest moments are most likely to occur when we are feeling deeply uncomfortable, unhappy, or unfulfilled. For it is only in such moments, propelled by our discomfort, that we are likely to step out of our ruts and start searching for different ways or truer answers.” Scott Peck
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Posted: Jan 6th, 2008 at 03:27 pm
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notnutty,
Thank you for welcoming me to the board.
RRIA
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Posted: Jan 8th, 2008 at 02:38 pm
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Posted: Jan 21st, 2008 at 07:06 pm
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“The truth is that our finest moments are most likely to occur when we are feeling deeply uncomfortable, unhappy, or unfulfilled. For it is only in such moments, propelled by our discomfort, that we are likely to step out of our ruts and start searching for different ways or truer answers.” Scott Peck
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Posted: Jan 24th, 2008 at 03:15 am
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Tips from Momcat regarding doctor letter (thanks Momcat!)
The first step to getting adequate accommodations for you son is to get a good letter from the allergist. It should include
1. A diagnosis of peanut allergy with the risk of life-threatening reactions. The life-threatening part is crucial.
2. Description of symptoms and emergency treatment protocol (Epipen, Benadryl Rx)
3. Description of preventative measures required, e.g. peanut/nut-free classroom, eating area.
4. Description in the right legal terminology showing that your son is substantially limited in his ability to breathe, eat, and care for himself (i.e. manage his own allergies).
Once you have the letter, you need to formally (in writing) request an evaluation for 504 eligibility for your son.
If he is found eligible for a 504 Plan, then you will meet with the school to discuss accommodations (i.e. the specific contents of the plan.) |
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“The truth is that our finest moments are most likely to occur when we are feeling deeply uncomfortable, unhappy, or unfulfilled. For it is only in such moments, propelled by our discomfort, that we are likely to step out of our ruts and start searching for different ways or truer answers.” Scott Peck
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Posted: Jan 31st, 2008 at 02:35 pm
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DD12 allergies: peanuts
DS8 allergies: eggs
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