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Author Topic: GLOUCESTER - OCR Case: *** Section 504 Plan ***  (Read 4112 times)

Description: Virginia school district, 2008 (ajasfolks2)

Offline ajasfolks2

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GLOUCESTER - OCR Case: *** Section 504 Plan ***
« on: September 10, 2011, 06:27:21 AM »
http://allergy.hyperboards.com/action/view_topic/topic_id/7004


This is the 504 from the Gloucester County, VA OCR case.



Quote

SECTION 504 PLAN

Student Name : XXXXXXXXXX Birth Date : XXXXXXXXX

Food Allergies : Peanuts and Tree Nuts

School: XXXXX Grade: 1

Period Covered by Plan : __/__/07- __/__/08

Initial Evaluation Date: 1/26/07 Reevaluation Due Date: 1/26/10

Definitions

1. PT – a peanut, tree nut, or product containing either.

2. PTA – a peanut and/or tree nut allergy.

Aids and Services to Be Provided by the School Administration

1. Ensure that this Plan and the Student’s Individualized Health Care Plan (the Plans) are fully implemented and, when necessary, appropriately modified.
2. Ensure that the School Nurse provides timely and adequate PTA training for appropriate individuals, including School staff responsible for the immediate custodial supervision or care of the Student, the Food Service Manager and pertinent cafeteria staff, and the Student’s bus driver (if the student rides the bus). Training will include, at a minimum:
a. Recognizing common causes and symptoms of PTA reactions and emergencies;
b. Properly responding to PTA emergencies;
c. Administering PTA-related medications, including antihistamines and epinephrine, consistent with applicable regulations;
d. A thorough review of the contents of the Plans; and
e. Instruction on properly implementing the Plans.
3. Ensure that the individuals referenced in Item 2, above, have copies of the Plans readily accessible to them, and fully perform their PTA-related responsibilities.
4. Ensure that emergency communication devices (e.g., two-way radios, intercoms, walkie-talkies or cell phones) are provided for the individuals listed in Item 2, above, if no other means of communication are readily available.
5. Ensure that at least one PTA-trained individual who can properly administer epinephrine is at the School during all regular school hours and at all School-sponsored activities in which the Student participates (see page 5, item 10).
6. Ensure that the Student’s parents are immediately informed of any PTA-related reaction by the Student.
7. Upon approval by the Student’s parents and physician, and the School Nurse, permit the Student to carry her own medication, including an Epi-pen, unless prohibited by applicable regulations or by abuse of this right by the Student.
8. The Student’s classroom and the PT-free table in the cafeteria will not be used when the facility is reserved for activities.
9. Ensure that, in the event of a potentially life-threatening PTA reaction while at School or during a School-sponsored activity (see page 5, item 10), including while being transported by bus, emergency services are immediately called. The School will ensure that the Plans are followed including, as appropriate, the administration of medication and/or an Epi-pen, until the emergency personnel arrive.
10. Ensure that, at least twice a year, a letter or newsletter is sent either by e-mail or with students informing all parents of students attending the School that:
a. One or more students in the School have severe PTAs;
b. If exposed to a PT, through contact or ingestion, these students may develop a life-threatening PTA reaction that requires emergency medical treatment;
c. Strict avoidance of PTs is the only way to prevent such reactions;
d. Students should not share food with other students; and
e. In the cafeteria, there will be a designated PT-free table or tables at which students without PTs can sit, and other students are not to share any food with students sitting at these designated tables.
11. Ensure that, at least twice a year, a letter or newsletter is sent either by e-mail or with students informing parents of students who share a classroom or School-sponsored activity (see page 5, item 10) with the Student that those students will not be permitted to consume, exchange or distribute PTs in class or during the activity.
12. Ensure that prompt and appropriate disciplinary action is taken against individuals who harass or threaten the Student because of her PTAs.

Aids and Services to Be Provided by the School Nurse

1. Maintain a list of PTA-trained individuals.
2. Keep a record of the Plans, the Student’s medications (including Epi-pens) and their expiration dates, and associated orders of the Student’s physician available in a location that is readily accessible to other School staff.
3. Meet with the Food Service Manager each year on the risk management efforts to be made in the cafeteria regarding the Student.
4. Inform the Student’s bus driver, if any, that the Student has a PTA.
5. If the parent provides written consent, post, in the School Nurse’s office, the location of the Student’s medicines, including Epi-pens.
6. Be available on a reasonable basis to the Student’s parents to discuss issues related to the Student’s PTAs and the implementation of the Plans.
7. Ensure that local emergency personnel are aware of the Student’s PTAs and the Plans, provided the Parents consent to release of this information.

Aids and Services to Be Provided by the Classroom Teacher/Specialist or
Other Persons Supervising the Student in School-Sponsored Activities

1. Timely attend PTA training provided by the School Nurse.
2. Keep copies of the Plans in a location that other staff can readily access.
3. Ensure that staff with classroom responsibilities relating to the Student (including aides and substitutes) are aware of the Student’s PTAs, Plans and medications, and have received timely and adequate PTA training.
4. Ensure that at least one fully PTA-trained staff person who can properly administer epinephrine is in the classroom or attending the activity at times that the Student is in the classroom or participating in the activity.
5. Contact emergency personnel, if necessary.
6. After consulting with the Student’s parents and receiving their written consent to release the Student’s personally identifiable information, provide the Student’s classmates with PTA instruction that includes appropriate information described in School Administration Items 10 and 11, above.
7. Do not allow students who share a classroom or activity with the Student to consume, exchange or distribute PTs in class or during the activity.
8. Monitor the behavior of the students who share a classroom or School-sponsored activity (see page 5, item 10) with the Student to ensure that they don’t harass or threaten the Student because of her PTAs.
9. Encourage the Student’s parents to provide the Student with non-PT snacks/foods.
10. Require students who share a classroom or School-sponsored activity (see page 5, item 10) with the Student to wash their hands or use hand sanitizer when they first arrive for the class in the morning, and after eating lunch or a snack.

Aids and Services to Be Provided by the Student’s Bus Driver
(if the Student rides the school bus)

1. Timely attend PTA training provided by the School Nurse.
2. Assign the Student to a seat in the front of the bus.
3. Do not allow students to consume, exchange or distribute any food.

Aids and Services to Be Provided by the Food Service Manager and Staff

1. Timely attend PTA training provided by the School Nurse, and ensure that appropriate food service staff attend such training.
2. Make a meal available to Student for purchase in the cafeteria which does not contain PTs.
3. Ensure that all Students who eat in the cafeteria are informed that there is a designated PT-free table or tables at which students without PTs can sit.
4. Ensure that at least one fully PTA-trained staff person who can properly administer epinephrine is in the cafeteria at all times that the Student is there.

Student PTA-Related Responsibilities

1. Take reasonable measures, for a person of her age and maturity, to avoid PTs.
2. Do not trade or share foods.
3. Wash hands before and after eating.
4. Learn to recognize symptoms of an allergic reaction.
5. Promptly inform an adult as soon as accidental exposure occurs or symptoms appear.
6. Promptly report to an adult any PTA-related teasing, bullying, or threats.
7. Develop a relationship with the School Nurse and/or other trusted adult in the School to assist in identifying issues related to the management of the allergy in school.
8. Eat foods that are brought from home.

Parent PTA-Related Responsibilities

1. Inform the School Nurse of the status of the Student’s allergies before the beginning of each school year and with appropriate medical documentation.
2. Provide the School with a reliable way to reach her (cell phone, beeper, etc.).
3. Consider providing a medical alert bracelet for the Student.
4. Provide the School Nurse with medication orders from the licensed provider.
5. Help establish and review routines and procedures with those with primary supervision responsibilities (e.g. washing of PT-free table in cafeteria, hand washing, etc.) at the beginning of the school year.
6. Participate in developing the Student’s Individual Health Care Plan, and cooperate with the Division in obtaining information from the Student’s doctor.
7. Provide the School and Student with up-to-date epinephrine auto-injectors.
8. Provide the School Nurse with the licensed provider’s statement if the Student no longer has allergies.
9. Attend scheduled 504 Meetings and meet, as necessary, to make modifications to the health care plan.
10. Provide the School with reasonable advance notice of any participation by the Student in School-sponsored activities in which the Student is not registered or enrolled.
11. Provide “safe snacks” to be kept in the classroom so there is always something the Student can choose from during special events.
12. Attend training meeting at the beginning of the year and review PTA procedures/routines to be used by the School.
13. Teach the Student to fulfill the PTA-related responsibilities she has under this Plan.
14. Teach the Student to:
a. Recognize the first symptoms of an allergic/anaphylactic reaction;
b. Know where the epinephrine auto-injector is kept and who has access to it;
c. Communicate clearly if she feels a reaction starting;
d. Carry her epinephrine auto-injector at all times;
e. Not share food items with others;
f. Understand the importance of hand-washing before and after eating;
g. Take as much responsibility as possible for her safety;
h. Read labels for foods and ingredients to avoid; and
i. Administer her own epinephrine auto-injector.

~ ~ ~ ~ ~ ~ ~

« Last Edit: March 12, 2013, 06:39:26 AM by ajasfolks2 »
Is this where I blame iPhone and cuss like an old fighter pilot's wife?

**(&%@@&%$^%$#^%$#$*&      LOL!!   

Offline ajasfolks2

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Re: GLOUCESTER - OCR Case: *** Section 504 Plan ***
« Reply #1 on: September 10, 2011, 06:31:18 AM »
Some pertinent follow-on posts as to the above (from same thread):

ajasfolks2
Quote
THIS is the 504 Plan of Accommodations to go with the Gloucester Letter we have in our Resources section (that McCobbre located for our group and shared with WrightsLaw).

http://allergy.hyperboards.com/index.php?action=view_topic&topic_id=4795&start=1

SO --

Now we have clear evidence that they DID grant 504 eligibility AND here's the plan to go with it.


Quote
Please note that while this is an official OCR document, it is applicable for us in that it is AN EXAMPLE of how OCR cases involving life-threatening peanut allergies have been resolved in the past.

This document does not necessarily indicate that this is the exact type of 504 Plan that must be adopted in ANY PA/TNA child's case.

Remember that each case is obviously individual and each 504 plan is individual under the law.




NOTE:  I will try to remember to get into this thread and post the NEW_NEW link here (new FAS home) to full version of the Letter to Gloucester from OCR as well.
« Last Edit: March 12, 2013, 06:39:40 AM by ajasfolks2 »
Is this where I blame iPhone and cuss like an old fighter pilot's wife?

**(&%@@&%$^%$#^%$#$*&      LOL!!   

Offline ajasfolks2

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Re: GLOUCESTER - OCR Case: *** Section 504 Plan ***
« Reply #2 on: September 10, 2011, 06:33:19 AM »
"Unknown" posted:

Quote

SAMPLE 504'S AVAILABLE FROM OCR USED IN THIS CASE

FOIA the OCR and ask for the sample 504 plans provided for Gloucester County Public Schools.

They will send you 4 different sample 504's, including accomodations like a PEANUT TABLE!!!

Write:
US Dept of ED
P.O. Box 14620
Washington DC 20044-4620

email
OCR.DC@ed.gov

202-786-0500

« Last Edit: March 12, 2013, 06:39:53 AM by ajasfolks2 »
Is this where I blame iPhone and cuss like an old fighter pilot's wife?

**(&%@@&%$^%$#^%$#$*&      LOL!!