« Reply #1 on: September 08, 2011, 11:05:17 AM »
momofjandl
(Testimony of Ms. McKinnon) Section 504 mandates equality of access to education and equality of treatment of the handicapped individual vis a vis the non-handicap individual by an institution receiving federal funds. In re: Gabriel C., 3 MSER 29 (1997); 34 C.F.R. 104.34(b). In this regard, “Student must be able to participate with non-handicapped persons in classroom activities, including eating to the maximum extent appropriate to his needs.” 34 C.F.R. 104.34(b) 10 Mystic Valley argues that it has provided a “safe place” free of food contaminants for Student and that this is a reasonable accommodation. The United States Department of Education (hereinafter, “USDOE”) has declined to treat elementary schools as they would employment situations, restricting modifications to accommodations that are simply “reasonable”. Instead, the USDOE interprets Section 504 as requiring a school district to provide whatever modifications, services or supports may be necessary for the student to receive a free appropriate public education. Letter to Zirkel, 20 IDELR 134 (1993) For children as young as Student, socialization skills (learning to take turns in conversation, listening, discussing unfamiliar topics, learning acceptable ways of speaking, table manners, etc.) are an integral part of their education. (Testimony of Ms. McKinnon) Ms. McKinnon testified that Mystic Valley stood for “high standards on values for children,” the reason for its creation, and that it wanted its students to be “well-rounded beyond reading and math.” It fosters positive intrinsic values and has set many strict rules to accomplish this goal. (Testimony of Ms. McKinnon) Mystic Valley’s current policy in this regard is contrary to its own purpose and discriminates against Student based on his handicap. Letter to Zirkel, 20 IDELR 134 (1993) As such, Student is entitled to equal access to a pool of other students during snacks and lunchtime so that he may learn appropriate social pragmatics in a natural environment, simultaneously with the rest of the age like peers in his class. Cascade School District, 37 IDELR 300 (2002)
In his book The Peanut Allergy Answer Book, Dr. Young discusses the danger for allergic students to be singled out as different. (SE-11) Massachusetts Department of Education (hereinafter, “MADOE”)
Guidelines, promulgated in October 2002, recognize that “school policies and protocols must respect the physical safety and the emotional needs of these students”. (SE-10) It is doubtful that the result of implementing Mystic Valley’s current policy is consistent with the MADOE premise.
The DOE Guidelines represent a middle ground. They have been developed as a guide (an indication or outline of policy or conduct) which is meant to offer direction, not to establish the only options available in all cases. The guidelines were intended to be flexible and adaptable. (Testimony of Dr. Young) Dr. Young corroborated that he had been involved in the development of the MADOE guidelines and that the intention was to provide general principles that should be individualized according to the allergic student’s specific needs. (Testimony of Dr. Young) A guide’s suggestions can be exceeded if necessary. This concept is embodied in decisions issued by the 1st Circuit Court of Appeals. See Wynne v. Tufts Univ. Sch. Of Med. (“Wynne 24 II”)11, 976 F.2d 791, 795 (1st Cir. 1992) Dr. Young advocated for a plan where Student could participate in his school program safely. (Id.) According to him, if exposure to peanut products caused a reaction under the plan devised by Mystic Valley Mystic Valley’s argument in favor of protecting the right of other students to bring peanut butter snacks and lunches into the classroom over providing a safe environment for this seven year old Student, is mistaken. It considers the inconvenience to individual parents/students over the needs of the handicapped individual. The hardship discussed in the statute relates to the institution, not other children. More importantly, Mystic Valley
failed to provide any evidence that the program would in any way be fundamentally altered if peanut/tree nut products were banned. Its actions disregarded the needs of the handicapped student in question and resulted in discrimination regarding access to class
activities (ability to participate in the Asian party) and access to education (having to leave the classroom as a result of allergic conjunctivitis). Throughout the 2002-2003 school year, Student’s kindergarten year, peanut butter sandwiches were one of the two
alternate lunches offered in Student’s classroom. (Testimony of Dr. Biegler) The evidence is clear that having a peanut tree/nut ban would not fundamentally alter the nature of the educational program.the plan should be revised. (Id.)
« Last Edit: March 12, 2013, 07:39:41 AM by ajasfolks2 »
Logged
Is this where I blame iPhone and cuss like an old fighter pilot's wife?
**(&%@@&%$^%$#^%$#$*& LOL!!