504 index - Dealing with Obstacles and School Shenanigans

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504 index - 504 Plan Basics

The stuff in this thread is not advice & I'm not an expert.  I'm just summarizing some of the general 504 process steps that have worked for many of us at FAS.  If you need professional advice, please seek that out from a lawyer, doctor, etc.

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Re: Docs helping patients to surf the internet

"Playing Lawyer Online – Be Wary of Non-Lawyers Bearing Legal Advice"
http://allergylawproject.com/2015/09/21/playing-lawyer-online-be-wary-of-non-lawyers-bearing-legal-advice/

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"Current Topics in Food Allergy Law"
http://community.kidswithfoodallergies.org/blog/current-topics-in-food-allergy-law-video-and-resources

Kids With Food Allergies (KFA), a division of the Asthma and Allergy Foundation of America, hosted a webinar on December 1, 2015 called Current Topics in Food Allergy Law. Our webinar featured the Allergy Law Project.

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Some issues addressed in this thread:

1. School moving very slowly.

2. School saying an accommodation request is not "reasonable".

3. DS/DD has to learn to live in the "real world".

4. Told that some accommodations are "off the table" before even writing the plan.

5. Told that the school "can't control... blah-blah-blah"

6. Harassment, intimidation, and/or threats to release medical information.

7. Some red flags it might be "lawyer time".

8. School holding a 504 meeting without the parent(s).

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Sorry CM  , I seem to be relying heavily on your quotes here ... but they are often so clever, non-personal, & potentially useful to others in similar situations.

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1. School moving very slowly.


Do they have 30 business days or 30 calendar days to respond to 504 request?

Have they provided you with a written copy of their procecural safeguards?  If not-- ask.  Immediately.

(That will also signal that you mean business, and-- surprise-- you aren't going away.  At all.)   

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2. School saying an accommodation request is not "reasonable".



New here, but need help before meeting with principal

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...>

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3. DS/DD has to learn to live in the "real world".


504 for hs going to be a fight

"Real world?"
 

GREAT.  My daughter has veto authority as it pertains to her safety, and she also gets immunity from YOU for exercising it.     SO glad that we can agree...
 

Usually makes administrators go-->    , but they know that they've lost at that point, because anything to the contrary is unsupportably irrational.  Either the duty of care belongs with the school... or... it doesn't.  It belongs to SOMEONE, at any rate.

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4. Told that some accommodations are "off the table" before even writing the plan.



New here, but need help before meeting with principal

We can help you to write a letter of understanding to get the ball rolling.

On that and on other things.

Firstly, you're going to include this person's BOSS in your letter, and you're also going to include the special education people at the district level.

And you're going to "explain" exactly what this tool told you in this meeting-- that some accommodations were already "off the table" so to speak, before even writing the plan.

Then include a copy of Letter to Zirkel, explaining that "reasonable" isn't the standard, and follow it with evidence from OCR which explains that they CANNOT 'refuse' necessary accommodations.

You could explain that they are CHOOSING to ENHANCE RISK in the educational environment and demand that THEY sign a statement that they understand and agree to continue taking this elevated risk, knowing what they are risking. But I would give them one more chance, first.

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5. Told that the school "can't control... blah-blah-blah"


New here, but need help before meeting with principal

I like to use "I'm confused" statements in order to get "clarification" when someone tries to pull this kind of crap with me.

For example, in response to "we can't control... blah-blah-blah";

"I'm confused-- are you telling me that you lack the authority and ability to control student behavior at school-sanctioned events??  <pregnant pause>

Wow.  How do you prohibit inappropriate activities like smoking, then?
<pause again>

Or is it that you just don't want to?  There seems to me to be a difference between 'can't' and 'won't' here."

 

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6. Harassment, intimidation, and/or threats to release medical information.


New here, but need help before meeting with principal

On the surface it seems ridiculous over cupcakes (hint: this is not really about cupcakes) but what the nurse said/did actually constitutes intimidation by alluding to a threat of retaliation based on disability. I'd make a note about that including time, date, statements any time you encounter it from any source whether it is from a school official or parent, and if you're not keeping a log, a folder, start one.

We all handle it differently. I like to call BS aloud when it finds me such as, "Wow, sounds like that might have INTIMIDATED a person or two in the past from invoking disability law. Good thing medical privacy and bullying students is legally protected." End with a mirthless Jim Carrey laugh.

The more practical way might be to keep a straight face while you say Oh, my! How would the parents find out if medical information is so highly protected? Who are you telling me would retaliate against us? What are you saying they will do to my child? Who do you think I should report this to?

Another approach is a sunny "Oh, I just KNOW that would never happen," (meaning intimidation or the creation of a hostile learning environment due to releasing your child's private medical information) "because I'm sure that everyone in this room-- everyone who would need to have the information about my child, in fact-- would NEVER gossip about my child's privatemedical information like that.  So how would all these parents know, hmmm?  I'm sure that won't be a problem.  Unless there is something else that you aren't telling me, I mean.  Is there?"


The hard-line approach, of course, is to suggest none-too-gently that what you are hearing IS harrassment and intimidation already.  Which it is, of course-- but you want to play a long game here, if you'll pardon the euphemism.   I personally think it is best to remain "the calm one," which you've done ADMIRABLY at so far.  Not bursting into tears in the face of such a meeting is quite a feat, really.    You should be proud of yourself.

Being calm means simply being an immovable force in this context.  Know the law, know what your child's rights are, and KNOW that you will win.  Because you are in the right. 

Making a child's medical condition the scapegoat for undesirable changes in schools is-- WRONG.  Illegal in no uncertain terms.  If they wouldn't announce "No more climbing wall during PE for the first through third graders, since John in Mrs. Smith's room has Juvenile RA, so it's off-limits for him," then they shouldn't be announcing blaming a child as an explanation why there won't be a (food project) either.

Threatening to release a child's federally-protected, private medical information is BAD.  My school tried this tactic with me once, too.  I told them to call their attorneys and talk that one over.  And I laughed.  I also pointed out that they were basically threatening to tell EVERY IGNORANT PARENT who found out about it precisely how to KILL my daughter.  I don't take that risk, because all it takes is one person who is both completely ignorant, over-confident that it's an exaggeration, and also a bit indignant over changes to things to render that situation deadly.  Yeah, what are the odds, right?  Not too many of THOSE people around.   

This message sunk in, apparently.  Because that was the last time that I was "encouraged" to "share" about the specifics of my daughter's food allergies with all and sundry, and it was the last time that handwashing and food restrictions at events were "blamed" on them, too.

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Father falsely accused harrassment

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7. Some red flags it might be "lawyer time".


504 & Epi Self Carry Question

It's lawyer time when a school starts to pull stunts like defying a physician's order.

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8. School holding a 504 meeting without the parent(s).


Need quick answer:  is this legal?

they can,

BUT... if the original 504 plan included parents as "member of the team" then you should IMMEDIATELY and IN WRITING ask "the team" to explain why your input was deemed unnecessary, and who has provided the expertise in life-management and successful allergen-avoidance that you had been bringing to the table.

In other words, sure, the law doesn't specifically FORBID them doing it... but they've just opened themselves up for a world of hurt in terms of liability if they make a mistake that results in a reaction, and they've done it KNOWING that you have knowledge and expertise that they don't... and deciding that such input was... er... "inconvenient?"


From a procedural standpoint, find out what they discussed in said meeting, and find out how they have justified excluding you.

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OCR Early Complaint Resolution...Any experience?


http://blog.onespotallergy.com/2012/08/filing-an-ocr-complaint-exercise-your-rights-or-lose-them/

Peanut Allergy and K teacher who thinks its no big deal

Seriously??

Due process hearing and OCR complaint (socks on a rooster) 2010

First 504 Plan -- Need Help!

504 meeting within 30 days?

504 Renewal

Learning doesn't need to be affected

updating 504

Update, met with the school district's head of special needs education

Today's the day!

OCR Compliance Review: Referral for 504 Eval if IHCP

HIPPA release for a 504?

504 and IEP-so frustrated!

504 Plan: School will not proceed. NEED HELP.

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Please don't post in this thread 

If you have suggestions for the index threads, please post them in this other thread:
504 index - Suggestions