Need language for middle school 504 request

[brownie]

I need some help.  Brief background.  DS had a 504 for K-2.  Then we homeschooled.  He went back in for 7th last year with an IEP due to learning issues.  I think they pulled one over on me bc I thought the food allergy was officially part of the IEP but now I'm not really sure.  Anyhow, they want to knock him down to a 504 for the learning issues so right now I have leverage.  I want the food allergy in the 504 for the purposes of college...colleges cover 504's and if we needed to not pay for dining hall at our state university because it's not safe or get permission for a freshman to live off campus so he could have a kitchen, I would need the 504 going in.

So I am faced with giving parental input for the eval.  Truth is he is fine with his allergy and just a health plan.  But I have to say he needs it, if you know what I mean.  What would you say?  Really just need one sentence.  Right now I just have "He needs health support managing his anaphylactic allergy" but that's pretty vague.  I can call the coordinator and be a bit more honest, but I won't chance putting in writing that I mostly want it for college

Thanks!  Brownie

[brownie]

OK- I'm back
I will be edit this later but ds has Aspergers (thus the IEP).  He is not going on the capstone gifted 8th grade overnight field trip to the middle of nowhere due to lack of medical care and the food issue.  We didn't pursue it because it just wasn't worth it.  He is a scout so this was nothing he just HAD to do, but here we see the interaction of allergy and social issues.  I should probably better tie them together and allude to situations like this?

[ajasfolks2]

brownie,

you don't have to prove "need" -- you have to document eligibility for 504.  THEN there will be 504 plan meeting where you must work toward "proving" that each line-item accommodation is necessary and appropriate.

See Stinky's fabulous thread for some discussion along those lines so that YOU are super clear!
He doesn't need a 504 - an IHP will act as his 504


See this link for info that is straight from the language of Section 504:
http://www2.ed.gov/about/offices/list/ocr/504faq.html


So, for purposes of LTFA (life-threatening food allergy) you will want basic letter from the physician attesting to the anaphylaxis diagnosis (which, actually IS already on file and school is under notification since you have a health plan and epipens and all that with school).  However, a separate letter will be helpful.  (Will also get a link in here to our letter discussions.)

From that link above:

STUDENTS PROTECTED UNDER SECTION 504

Section 504 covers qualified students with disabilities who attend schools receiving Federal financial assistance. To be protected under Section 504, a student must be determined to: (1) have a physical or mental impairment that substantially limits one or more major life activities; or (2) have a record of such an impairment; or (3) be regarded as having such an impairment. Section 504 requires that school districts provide a free appropriate public education (FAPE) to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities.

Then you show that LTFA affects one or more major life activities:  eating, breathing, immune system function, etc . . .

See threads in Resources with Mac's "arguments" along those lines!
Our 504 "case statement"



*ALSO*  -- You will want to be sure you've got that USDA form on file (for special dietary needs) as this also helps seal the eligibility and has on record this need for future (thinking college)!
504 index - USDA



OK -- that should keep you busy, but I know I need to grab that doc letter link & get it in here . . . will try to find before day is over, but somebody else may beat me to it!

~~~~~

For what it's worth -- you are making VERY SMART decision to get this 504 on record.  Now!

[ajasfolks2]

And as to the missed field trip -- you want to send them an email or other documentation as to why not going . . . you want on record that there was not accommodation made (or even offered) . . .

DOCUMENT always! 

[Macabre]

The fact is, he has a LTFA and doesn't need to prove need. If you go there with your own thinking, it will be difficult to convince others, yk? 

My son is in HS--a junior--and we had to go through this to some extent when he started as a freshman from our of state. The school tried to get us to only do an IHP, but I said I was not interested in getting rid of the 504 plan, as it will help him in college. But I made clear that he also needs it in HS. And he does. He needed it in MS, too. An IHP woukdn't have given him what he needs in terms of both safety and inclusion.

And you may not see a need in MS, but you've not experienced HS yet. It's very different and we have more food in the classrooms in HS than MS. Egads. Also, there is so much more traveling (and our DS did go on theatre and band trips in MS--several each year).


I would simply say that his LTFA needs to be added to his 504 plan. Period. And I would stick to my guns. 

If you need ideas for MS FA accommodations, I have Ds' MS 504 plan here somewhere.

[Macabre]

Oh ha--ajas and I were oisting at the same time and are on a similar page.

[guess]

In school language the difference is placement vs. access.  Child's placement for special education is through IEP, 504 is for ADA it addresses his access.  Think about it between OSERS and OCR in fact I would look at some of the transition plan suggestions they offer.

[brownie]

I did have the letter in kindergarten filed with the school that he needed the 504.  And he had a 504.  THEY are the ones offering the 504 now but for other purposes and I have no intent of going along with it unless it also includes the food.  But good point about the travel in HS.  I should address that as a reason.  He has talked about joining band (though he likely won't).  Brownie

[guess]

My suggestion is start with the FAS gold standard letter of support from allergist as the airtight medical attestation for the disability.  Then bring in a couple of the 2012-2014 OCR letter of findings and settlement agreements for LTFA that spell out school's affirmative duties to evaluate 504 eligibility under Child Find. 

[Macabre]

I would not voluntarily give a reason other than he needs equal access--unless pressed to do so. And then I would start general and only go specific if necessary. The only reason you need is that he qualifies for it because of his LTFA.

You're not asking them for a favor. You are simply seeing that your child's rights are addressed.