New here, but need help before meeting with principal

[LianneV]

Sadly, I know they won't say unless forced as to, as the principal was extremely firm in her decision that they are already taking "reasonable" measures.  I will ask that they be compliant with the doctor's request, but they won't until forced to legally, they made that very clear.  I was going to go in to schedule the meeting for ASAP, but today and almost definitely tomorrow are snow days, so I'm on hold til Thursday just to even set the meeting up.  Not to mention, my meeting with the school district is now cancelled too!  I don't mind the snow but it picked a bad week to hit us this hard!

[ajasfolks2]

"Reasonable" does not apply in 504 for life-threatening food allergies.

"Necessary and appropriate" DOES.




Meanwhile, take a deep breath and enjoy the snowdays with kids home safe with you.   

[rainbow]

Sadly, I know they won't say unless forced as to, as the principal was extremely firm in her decision that they are already taking "reasonable" measures.  I will ask that they be compliant with the doctor's request, but they won't until forced to legally, they made that very clear.  I was going to go in to schedule the meeting for ASAP, but today and almost definitely tomorrow are snow days, so I'm on hold til Thursday just to even set the meeting up.  Not to mention, my meeting with the school district is now cancelled too!  I don't mind the snow but it picked a bad week to hit us this hard!

In my case, they started to come around when I started stating in writing that 'I am uncomfortable with the risks the school staff is taking with regard to shared food in the classroom'  and that 'as a parent of a child with life threatening food allergies, I felt they were subjecting my child to risks, and that should there be a reaction, the school staff is responsible due to unwillingness to provide a safer enviornment, as recommended by the child's board certified allergist, due to the life threatening nature of his food allergies...']

Use the words 'life threatening' whenever you refer to the allergy, because that is what makes it fall under ADAA/504, and makes the OCR Letter to Gloucester relevant.

[LianneV]

I actually told them both of those things in the meeting and was told that I'm being emotional and they have to be fair to the other 399 students. That their responsibility is to  have reasonable procedures in place and that was as far as they would be willing to go.
Looking forward to the little one's nap so DS and I can go play in the snow in the backyard!

[twinturbo]

I'm curious, did they say yes to eligibility then? This was an eligibility meeting? Or was it a fast tracked eligible then immediately talk accommodations after?

[CMdeux]

Okay-- understand that the following ASSUMES that you've already covered eligibility.  I want to emphasize that you need that LOCKED in before you address accommodations.  To the point that you will need to play stupid if they try to side-step and figure out what you "want" in order to decide whether or not they are willing to do it (ie-- grant eligibility in the first place, since that obliges them to make accommodations).



Look over at Wrightslaw about the "letter of understanding."

Use that to get this word.... REASONABLE...

 from them in writing.

Then bring in Letter to Zirkel (also available at Wrightslaw as a PDF, I believe) to disabuse them of this erroneous notion.  "Reasonable" does not apply to this part of ADA.  In K-12 education, it's about FAPE and LRE.  NOT 'reasonable.'

Smile wolfishly and sweetly tell them that you understand completely that they were CONFUSED about this word, and that perhaps they'd like to confer with district counsel-- or, better yet (!!) that they could CALL OCR THEMSELVES.  For technical assistance in understanding this matter.  Maybe even add that (if you've called the helpline yourself) OCR is incredibly helpful at explaining this matter clearly. 

I did that.  Seriously.  It was very effective.  The school was entirely taken aback that I was SO certain of my standing on this point that I invited them to consult their attorney and OCR.   



<cue Princess Bride quote here... This word.... I do not think it means... what you think it means...>



For clarity, the "letter of understanding" is a method of documenting verbal weaseling that happens in e-mails, but mostly in meetings, conversations, and phone calls.

An example of how it can be used:

Mr. Malevolent Administrator,

I appreciated our conversation after school today (date).  It was enlightening.  I need to make sure that I have understood our conversation correctly, however, so I am following up with you in this letter/e-mail.

When I asked about including disabled children in the considerations in our new playground design, you responded that those kinds of children should be happy just to be included in the educational activities at school in the first place, and that a wheelchair ramp was going to add a lot to the project's initial costs.  When I expressed surprise that the committee had not researched ADA compliance, you promised to "look into it" at some point this week.

I want to thank you for your willingness to find out more information about ADA compliance as it pertains to the new playground.  Can you let me know what you learn?   

My apologies if I have misunderstood our conversation, or left anything important out.  If I have not had a response from you by {date} then I will assume that my understanding expressed above is correct and complete.

Thanks so much,

Mrs. Why-yes-I-AM-that-big-a-pain

[LianneV]

When we sat down I first explained that I was there to get DS a 504 plan so we can get the peanuts out of his classroom.  She immediately said yes she has no problems writing him a 504 plan but there was no way she would write a provision banning peanuts.  So she clearly knows he will be eligible.

[CMdeux]

"will be" found eligible isn't interchangeable with "IS" eligible.

Sorry, but you can't really discuss accommodations until AFTER eligibility is established formally.

Becuase the noises this administrator is making?  Yeah-- my experience tells me that they(s/he?) intend to look for a way to find him ineligible if you push for proper accommodations.

Don't forget what you've learned-- they've tipped their hand to you by admitting that there are SOME accommodations that they are "unwilling" to grant, regardless of appropriatenes or need...  You are under NO obligation to do likewise in tipping your own hand, however.

INSIST on eligibility paperwork SIGNED officially before discussing accommodations.  INSIST upon it.

[Carefulmom]

I`d like to echo what CM Deux is saying.  He isn`t legally eligible until you have it in writing that he is eligible, no matter how much they imply verbally that they consider him eligible.  And I would be really careful about discussing any accomodations at all until you have it in writing that he is eligible.  I would pick your one sentence to keep them on target and just repeat it whenever they try to sidetrack you into what accomodations they will or won`t grant.  Maybe someone here can provide your one sentence to keep them on track.

CM Deux, love who your letter of understanding was addressed to and signed by.  Too funny.

[twinturbo]

I think at this point the whole process is being hindered by both sides defining the 504 in its entirety as peanuts in the classroom or not. The 504 can be used through post-secondary institutions so look at this school as the locus and instrument through which the 504 is granted as per federal law. It will grow with your son so immediacy is important but no more so than the long term and all that the 504 should encompass.

The principal's sticking point is allergen removal--for now. You can circle back to that after eligibility.

[CMdeux]

 

Right.  Eligibility means that any accommodation is, at least potentially, once more on the table.


Know that.  Don't mention it, of course.     But KNOW it for yourself.

[socks on a rooster]

Secure approval first like everyone said. Then, here is the Zirkel letter stating that reasonable is not the standard in education. They must provide accommodations to address the UNIQUE NEEDS OF THE DISABLED CHILD. Use those words. They delay is a blessing. Your child is home safe and you can prepare. I strongly urge you to tape record the meeting. They are already adversarial and you have nothing to lose. Remember to ask the critical question, "If we do not agree with these accommodations what do we do?" (Naively) If they don't provide the right answer which I pm'd you, you get OCR on speed dial and file a complaint. The failure you inform you of your rights is a violation in which OCR will get involved. 

http://www.dueprocessillinois.org/zirkel.html

[rainbow]

I actually told them both of those things in the meeting and was told that I'm being emotional and they have to be fair to the other 399 students. That their responsibility is to  have reasonable procedures in place and that was as far as they would be willing to go.
Looking forward to the little one's nap so DS and I can go play in the snow in the backyard!

Did you state it IN WRITING?  Documenting their liability tends to start changing their mindset.

[Carefulmom]

One more thing:  When I had trouble with the school, I would always ask the allergist to write a letter regarding whatever the issue was, and conclude it with the following sentence.
"Peanut allergy can be fatal."

I think that sentence works well, because then they are warned.  Even if they do not agree with the accomodation, they will probably think if we don`t do this accomodation and something happens to this child, we could be sued.

[LianneV]

Secure approval first like everyone said. Then, here is the Zirkel letter stating that reasonable is not the standard in education. They must provide accommodations to address the UNIQUE NEEDS OF THE DISABLED CHILD. Use those words. They delay is a blessing. Your child is home safe and you can prepare. I strongly urge you to tape record the meeting. They are already adversarial and you have nothing to lose. Remember to ask the critical question, "If we do not agree with these accommodations what do we do?" (Naively) If they don't provide the right answer which I pm'd you, you get OCR on speed dial and file a complaint. The failure you inform you of your rights is a violation in which OCR will get involved. 

http://www.dueprocessillinois.org/zirkel.html

I can't thank everyone enough for all of this effort you are all putting in to help me.  I hope one day I can pass on what I've learnt to other parents going through this.
I will write a letter of understanding and post it here first to make sure it's good enough.  The day after the meeting, my friend who came with me, came to my house and we sat down and wrote down everything that happened before we forgot anything. 
I also was very interested in the letter to zirkel.  I didn't get a PM thoogh with the answer about what we will do if the accomodations can't be agreed upon.