Other things that you need to ask/state-- VERBATIM-- at this point;
"Are you denying my son's right to a determination of eligibility under Section 504?"
"Are you stating that the district considers some medical conditions or diagnoses to be automatically
ineligible under Federal Law?
Perhaps they should run both of those statements past an attorney, in fact.
Be sure to write down who said it if you get confirmation to either question, by the way-- and LET THEM KNOW YOU'RE DOING IT.
Of COURSE you don't "have" to be included when a 504 plan is written. Well, not technically, I suppose. But who at the school is an "expert" in the management of your son's individual condition and all of it's quirks, hmm?
State; "Oh, yes of course. Who will be present at the meeting who has greater expertise and experience in good management of my son's allergy, then?" (Be ready to write down the name-- and ask for credentials if they give you one.)
WRITING the plan
must, under law, be a collaborative process. Finding eligibility must, as well. And that is where your district is CLEARLY breaking the law.
Show them
Gloucester if they drag their heels. (Also available at Wrightslaw-- and probably here, too.)
Next step, too, could be to call OCR for
technical assistance in understanding your child's rights as they pertain to eligibility determinations and whether or not the district can deny him a meeting to evaluate eligibility on the basis of the nature of his diagnosis (which is what you're being told).
THEN, you can fire back with "That's not what I was told when I contacted the Office of Civil Rights. Maybe YOU should call them for technical assistance yourself."