Ooh, hold up. Be careful of identifying information. Anonymize what you can.
Here's my proposal. I'm going to post my draft later when I can. Everyone here knows my style and where my strengths and weaknesses are. I'm aggressive and dry which isn't always the best tool for the job. But I both know they know that and that they will modify, edit, fact-check and/or challenge my draft accordingly. It's what I love about this place - I can
always count on peer review. So wait for a few rounds of edit to kick in.
letter to principal (regards bus aide)Riding the bus?^Those are two previous thread on the subject. The first outlines an exacting letter from an allergist that epinephrine must be injected immediately by a designated person across all school functions including transportation. The epinephrine cannot be delayed. You may want to consider that the aide wipes down the seat that chid will sit in as a preventative measure. That's letter #1.
Letter #2 from the allergist should be a gold standard letter naming you the expert in negotiating accommodations in crafting accommodations. I'll put that in a spoiler tag click on it to expand.
To Whom It May Concern:
I have been asked by XX XX's parents to provide medical information regarding XX's allergies. I understand that you need specific and current information that will be used to determine whether or not XX meets the criteria for a 504 Designation under Section 504 of the Rehabilitation Act of 1973. I believe XX qualifies for this designation based upon his diagnosis and clinical history of life-threatening (anaphylactic) food allergies.
Anaphylaxis is defined as a systemic allergy reaction and can cause death or permanent disability. Approximately 150 people die each year due to anaphylaxis to foods, most commonly to peanuts. Below, I briefly describe the body systems affected during anaphylaxis:
Systems & Symptoms
Skin and subcutaneous tissues: mouth itching and swelling of the lips, tongue, or mouth, and hives.
Gastrointestinal system: nausea, abdominal cramps, vomiting and/or diarrhea (the vomiting and diarrhea can be severe, leading to intravascular volume depletion and shock).
Respiratory system: throat itching and/or sense of tightness in the throat, hoarseness sue to edema in the larynx with the possibility of closure of the airway, hacking cough, shortness of breath, repetitive coughing, and/or wheezing.
Cardiovascular system: "thready" pulse, decreased cardiac function leading to drop in blood pressure and shock, leading to possible cardiac arrest.
XX has a history of rapidly progressing anaphylaxis involving the gastrointestinal, skin, respiratory, and cardiovascular systems. Due to this reaction history, XX is at elevated risk of a fatal anaphylaxis.
XX was diagnosed with life-threatening food allergies at the age of 1 1/2 years. Since that time, he has also been diagnosed with severe, potentially life-threatening allergies to all tree nuts and eggs. (Test results available upon request). XX has a clinical history of reactivity to ingestion of microscopic quantities of allergens, contact with allergens, and inhalation of allergens.
For the purposes of this letter for a Section 504 designation, I attest that XX's medical condition substantially and significantly affects the life function of caring for one's self, and may also substantially and significantly limit the life functions of breathing, talking, walking, and performing manual tasks.
There is no cure for food anaphylaxis. Unlike other allergies for which there are medications or immunotherapy, there is no medication, immunotherapy, or device which can act as a mitigating measure for those who are anaphylactic to foods. Regular maintenance medications do not eliminate the need to practice avoidance, nor does epinephrine or any other rescue medication or device necessarily resolve anaphylaxis or eliminate the need to seek additional emergent care. Death or permanent disability is a possible outcome any time anaphylaxis is triggered. Peanut is of particular concern since a triggering dose cannot be reliably determined, even for an individual. Total avoidance is imperative.
Avoidance of all contact with food allergens (peanut, egg, and all tree nuts) is the only way to avoid a potentially life-threatening allergic reaction. Such avoidance is a highly complex task, impossible for a child without the ongoing assistance of an adult who is knowledgeable about the condition. Successful avoidance requires a comprehensive written accommodation plan in consultation with parents and physician.
I consider XX,s parents, XX and XX XX, to be knowledgeable about the successful management of their son's medical condition.
Sincerely,
Dr. XXX, M.D.
I highly suggest getting these two airtight letters from your allergist. It won't matter at that point what your principal's unqualified medical opinion is at that point because the rules call for considering these sources you are providing. Here's my
biggest concern: they banged out a 504 without even
bringing you into the process. They are supposed to include parents in their variety of sources. Have you seen some sample 504 plans? I'm a little worried it's a bare bones one that hardly incorporates all your child will truly need to access the education peers are receiving.
Read up on procedural safeguards.
PROCEDURAL SAFEGUARDS
Public elementary and secondary schools must employ procedural safeguards regarding the identification, evaluation, or educational placement of persons who, because of disability, need or are believed to need special instruction or related services.
41. Must a recipient school district obtain parental consent prior to conducting an initial evaluation?
Yes. OCR has interpreted Section 504 to require districts to obtain parental permission for initial evaluations. If a district suspects a student needs or is believed to need special instruction or related services and parental consent is withheld, the IDEA and Section 504 provide that districts may use due process hearing procedures to seek to override the parents' denial of consent for an initial evaluation.
42. If so, in what form is consent required?
Section 504 is silent on the form of parental consent required. OCR has accepted written consent as compliance. IDEA as well as many state laws also require written consent prior to initiating an evaluation.
43. What can a recipient school district do if a parent withholds consent for a student to secure services under Section 504 after a student is determined eligible for services?
Section 504 neither prohibits nor requires a school district to initiate a due process hearing to override a parental refusal to consent with respect to the initial provision of special education and related services. Nonetheless, school districts should consider that IDEA no longer permits school districts to initiate a due process hearing to override a parental refusal to consent to the initial provision of services.
44. What procedural safeguards are required under Section 504?
Recipient school districts are required to establish and implement procedural safeguards that include notice, an opportunity for parents to review relevant records, an impartial hearing with opportunity for participation by the student's parents or guardian, representation by counsel and a review procedure.
45. What is a recipient school district's responsibility under Section 504 to provide information to parents and students about its evaluation and placement process?
Section 504 requires districts to provide notice to parents explaining any evaluation and placement decisions affecting their children and explaining the parents' right to review educational records and appeal any decision regarding evaluation and placement through an impartial hearing.
After some thinking I believe the best way to move forward is a short letter that brings you (parent) into the 504 process. Acknowledge that child has been found eligible but that there has been an oversight to include you in the process. You will need a 504 meeting to discuss accommodations. You look forward to that meeting where you will provide new, specific medical sources, and that you can review the 504 together with the 504 team.
Dear Principal,
I have received in writing that [child] has been found eligible for 504. Thank you for that timely response.
Due to some oversight I have not been included in the process. I am requesting a meeting with the 504 team to discuss accommodations together for [child's] 504 plan.
This is of an utmost importance as several answers I've been given by district personnel make no sense such as the "district does not provide transportation to disabled students." I look forward to participating in my child's 504 with the team, and to clarify some of these most assuredly erroneous statements made by personnel.
Eh, too much repetition but it's a start. I like it simple, get back on track with the 504 process as it should go. Nail eligibility, meeting with 504 team, discuss accommodations there. Bring your rock star letters from allergist. Go prepared with all necessary and appropriate accommodations in mind.
The intent, if s/he is a chess player, can decode is
Dear Principal,
Hi.
Regulations. We're going to follow them. This is totally happening.
Help yourself to some.