HIPPA release for a 504?

[MomTo3]

Can the school demand a HIPPA release in order for you to get a 504 plan?  Sounds a little fishy to me. This isn't for me (I wouldn't let them speak directly to my Dr.EVER!).

[twinturbo]

Demand? No. Request, yes. Ask what it is that they wish to know in writing to you. You'll review it.

[MomTo3]

So they can't refuse you a 504 if you don't sign a release, yes?

[twinturbo]

They could take that action. Whether or not they could justify it to OCR is another matter.

I'm answering a little blindly here. Any chance for some more anonymous as possible detail? Context may make a difference in the answer, strategy and remedy if needed.

For instance if there has not been a solid enough medical source with sufficient credibility submitted for the 504, I could see a school asking for more information (though they should just request specifically what they need to know). But to willy-nilly sign away medical privacy wholesale they're dreaming. Furthermore, they don't need it unlimited access to a student's entire medical record.

Example: I'm claiming LTFA for alt med diagnosed psuedoallergies. Give me accommodations on organic food. I would be sympathetic to a SD wanting to challenge that. However, you're an experience allergy mom therefore that's an unlikely scenario but you get the point I hope.

BTW, I did read the part where this is not for you. Therefore I am not even assuming it's for LTFA but any and all sort of qualifying condition. Is friend in the eligibility portion or has confirmed eligibility and this is in regard to accommodation?

[MomTo3]

It's actually a child with Celiac.  All the Mom said is that she had to sign a waver before they would grant even an eligibility meeting.  She won't sign it and so her kiddo has no 504.

[twinturbo]

I'd like to hear more answers from others on this but so I don't leave it hanging this is what I would do. I think it's possible that in addition to any buttheadedness on the part of the SD the friend may have the misfortune of having a child with bona fide Celiac in the age of the gluten free fad. The SD may truly want confirmation in addition to misinterpreting 'variety of sources' to overreach significantly into "can have unlimited access to all medical records at any time on any whim".

I would go ahead and submit a letter on par with the FAS gold standard letter from the appropriate board certified specialist, this case gastrointestinal as is my understanding of Celiac. Name parents as experts in daily management using the letter template. Doc says this affects major life activity of _________.

Submit with the rest of paperwork along with statement that any further questions can be addressed to parents in writing (you know the drill). Don't expect it to punch through the bureaucracy like a hot knife through butter, but you've left a trail of paperwork that you've 1) requested eligibility 2) submitted a source for SD to consider 3) are playing the rules. Scan everything going into submission to save in a PDF.

Friend can show she followed the regulations. Start there.

Wait for others to read my suggestion see what they think. I feel like I'm missing something key, just a gut feeling can't put my finger on it.

ETA: Turned it over in my head for a bit. Leaning towards a call straight to OCR for technical assistance on it. The more I think on it the more that becomes a yeah. Not because I think she has to sign the waiver but it's a good way to knock it down with credibility right out of the gate because SD may cling to a policy response. Well, pit your policy against regulation. Guess which one will prevail?

[CMdeux]

Leaning towards a call straight to OCR for technical assistance on it.


That way she cam say that she 'checked on that' and found that 'we' don't actually HAVE to do that.... what good news for everyone, right?

[twinturbo]

Yeah, that feels more airtight here doesn't it. Mental checklist moment.

Call OCR with the right question. I think we want something here like I've read the process for requesting eligibility and can't find any requirements to sign an unlimited medical waiver over to the school. My school says this is required by regulation. Can you clarify this? I would like to protect my child's medical privacy from open ended and unlimited intrusions that aren't necessary in his educational records. Be prepared to supply information that your board certified specialist has given you a document endorsing patient as eligible due to substantial limitation of major life activity.

Government likes it when you've already made some effort to read what's available. Also nice to know your stuff to reference quickly if you get a dud on the phone. Make a note of when you called (date and time) and preferably who you spoke with. Write it in an email to yourself then mail for a time stamp.

Submit all your rock solid medical sourcing. SD eats a nice eligibility sandwich.



It occurred to me what I couldn't put my finger on before. Child Find. District is mandated to Child Find including homeless children as per McKinney-Vento Homeless Assistance Act. What if a child w/o a doctor had a disability? The district must still perform Child Find duties including children without representative medical sources. A little hard to sign a waiver if you didn't have a doctor under those circumstances.

I would challenge how they are fulfilling Child Find mandate if they are denying eligibility requests without the signature on a waiver although providing medical documentation of the disability in some manner (as stated above in previous posts) is an expected part of the process.

[MomTo3]

Thanks so much  I was thinking along the same lines as well.  Seems like the SD is trying to avoid a 504 and Mom isn't  up on what all she has available to her. 

I will try and get more info if she's willing and keep ya posted. 

[CMdeux]

Heheheh... and if they don't require waivers for all eligibility reviews, then-- wow-- THAT sure seems weird procedurally.

Why on earth would FA/celiac/diabetes be different fundamentally under the procedural requirements than, say.... ADHD or a mobility impairment, hmm?

[MomTo3]

Hohn very god point    I'll be sure to mention that too!

[daisy madness]

I'm going through a similar issue, so this is a timely post for me.  Our district is alluding to wanting the district's physician to consult directly with DS's doctor. They haven't come straight out and  asked yet though.  We are through eligibility but strongly disagreeing about accommodations