Food Allergy Support

Discussion Boards => Schools and Food Allergies => School Resources => Topic started by: LinksEtc on January 11, 2014, 08:08:00 PM

FAS has upgraded our forum security. Some members may need to log in again. If you are unable to remember your login information, please email food.allergy.supt@flash.net and we will help you get back in. Thanks for your patience!

Title: 504 index - Advanced Level Topics
Post by: LinksEtc on January 11, 2014, 08:08:00 PM
TT, would you be interested in covering this subject?  Law, court cases, etc.?

If not, that's totally fine.

If you're interested, you can add to this thread and/or create other "504 index" threads for complicated subjects.
Title: Re: 504 index - Advanced Level Topics
Post by: twinturbo on January 13, 2014, 12:44:50 PM
In terms of having one area to collect the subjects, I agree having a single thread to reference is a smart idea. I don't know if I personally amount to much in the way of leading the charge but certainly I think there's some unexplored area to cover such as the incredible enforcement power of NCLB (No Child Left Behind) as it pervades and affects standardized public education including special education in the IDEA and civil rights regulations such as Section 504. How recently really the IDEA and ADA/504 have come in place to protect students with disabilities and what their histories are.

I'm also interested in looking beyond at mediation, due process, case processing. Actually there is one worthy exploration in the P&A/CAP network within NDRN. That's Protection and Advocacy (P&A) System and Client Assistance Program (CAP) in National Disability Rights Network, a congressionally mandated (known) federally funded (need to verify but almost assuredly) program for legal assistance and advocacy.

Would any of that fit in to you what you were thinking? I could see some of that morphing into a Google doc later with the ability for others to edit and factcheck. Rough drafting here maybe? These things always evolve over time, with more eyes, etc.
Title: Re: 504 index - Advanced Level Topics
Post by: LinksEtc on January 13, 2014, 01:07:22 PM
It would be up to you what topics (I wouldn't be involved).  You could take it in any direction that you think would be beneficial to the board.

When I originally started these threads, I began collecting some advanced stuff here:
504 index - Further exploring 504 law and court cases

I always see you diving deep into 504 law stuff.  I'm not really interested in this advanced 504 stuff.  I can throw threads together to keep them in one place (so they are a little more organized), but I don't have the passion in this area to take it to the next level.

Others could always post ideas in the suggestions thread, but I was thinking that this might be your cup of tea (or whatever you drink).

It's up to you.  Ponder it for a while.
Title: Re: 504 index - Advanced Level Topics
Post by: LinksEtc on January 17, 2014, 01:27:18 PM
and another thing if you, or somebody else, eventually takes advanced topics further ....

this is pretty obvious, but I figured I'd mention it ...

regular (non index) threads on topics can be started in schools when larger conversation would be a good thing .... then links to those conversations can be placed into an index thread.

-------------------

The index threads are really about taking our board knowledge and organizing it & making it more understandable for others & seeing links/connections that were not obvious before & for the advanced stuff, maybe seeing new possibilities in terms of advocacy and how things could be.

Title: Re: 504 index - Advanced Level Topics
Post by: twinturbo on January 17, 2014, 02:10:36 PM
Sure. At first I was thinking Google docs would work better for shared editing because forums are old mediums. It'll need some thought, and I myself am considering a 'variety of sources' to remain more multi-dimensional.

Why not at this point I've been spending enough time 'discussing' with special education attorneys and law professors and AG's office and partridges in pear trees. I really would like to take a crack at NCLB, a.k.a., the boogeyman of school administrators.
Title: Re: 504 index - Advanced Level Topics
Post by: LinksEtc on January 17, 2014, 02:39:43 PM
And so the torch is passed  ;D

I had a feeling you would say yes.

--------------

I'll keep adding to the other index threads (& planning to create some more as needed) ...

You're in charge of your index threads & I'm going to keep working on mine.

The only thing I would suggest is that any index threads you do create, use the
"504 index -" prefix to distinguish those threads from "normal" threads.

If I find info you might be interested in while I'm working on my threads, I'll just stick links in
504 index - Further exploring 504 law and court cases
... of course, you don't have to use the info, but it will be there in case something is of interest to you.

 :coolbeans:
Title: Re: 504 index - Advanced Level Topics
Post by: LinksEtc on January 17, 2014, 02:47:37 PM
Oh, and for me (you may be different), when I'm doing this kind of thing with threads ....

I almost approach it with a hybrid of spiderweb & computer programming mentality ...

Everything is connected & and some subjects are "top level" & some are like "subtopics" that can be called or referred to from other threads.

I don't know if I'm making sense to you, but I figured that I would mention it.
Title: Re: 504 index - Advanced Level Topics
Post by: twinturbo on January 17, 2014, 02:51:37 PM
I'm not sure I understood anything you wrote but you seem to be a good handler for me so I have faith in that. What I know for sure is I can't seem to stop myself from challenging lawyers or pestering public employees so might as well see if anything useful can be squeezed from it.
Title: Re: 504 index - Advanced Level Topics
Post by: LinksEtc on January 17, 2014, 03:06:26 PM
Quote from: twinturbo on January 17, 2014, 02:51:37 PM
I'm not sure I understood anything you wrote

LOL ... never mind  ;D

Quote from: twinturbo on January 17, 2014, 02:51:37 PM
you seem to be a good handler for me so I have faith in that.

not handler ... partner.

Quote from: twinturbo on January 17, 2014, 02:51:37 PM
What I know for sure is I can't seem to stop myself from challenging lawyers or pestering public employees so might as well see if anything useful can be squeezed from it.

 :yes:
Title: Re: 504 index - Advanced Level Topics
Post by: twinturbo on January 18, 2014, 12:42:01 PM
Quote from: LinksEtc on January 17, 2014, 02:47:37 PM
Oh, and for me (you may be different), when I'm doing this kind of thing with threads ....

I almost approach it with a hybrid of spiderweb & computer programming mentality ...

Everything is connected & and some subjects are "top level" & some are like "subtopics" that can be called or referred to from other threads.

I don't know if I'm making sense to you, but I figured that I would mention it.

I'm a big fan of open source. What's the best approach for community contribution towards editing within that scheme? In forums, I mean. Wikis and cloud docs with edit permissions have built in mechanisms.
Title: Re: 504 index - Advanced Level Topics
Post by: LinksEtc on January 18, 2014, 05:43:48 PM
Quote from: twinturbo on January 18, 2014, 12:42:01 PM
I'm a big fan of open source. What's the best approach for community contribution towards editing within that scheme? In forums, I mean. Wikis and cloud docs with edit permissions have built in mechanisms.

Maybe the (admins/committee members) could give you some input?


For myself, I'm happy with just using threads for now  :hiding:  ... but the board can do what it wants with my index threads after I'm done with them.  I mentioned when I started them (a long time ago  :hiding:) that board leaders can edit, add, delete, not keep them under the Links name ... whatever, I trust the board leadership  :heart:.  Paying back a little for all the help I received here over the years  :heart:


Title: Re: 504 index - Advanced Level Topics
Post by: twinturbo on January 31, 2014, 03:47:29 PM
This whole bus BS is really lighting a flame under my keister. Now that I've finally worked through that crapstorm of "reasonable" wrt to DOE and federal courts it might be time to find a new target. That Congressional mandated disability advocacy could be a good first start. I've been reading this one dude's book and he's the director of his state's NDRN. Wright is good, wily, but the law center director is more experienced suing the state, writing amicus briefs.

You know when I'm not being a DIY speech therapist, early childhood teacher, allergist and short order cook studying math and law in my spare time while pumping iron. Maybe I'll just not sleep or something.
Title: Re: 504 index - Advanced Level Topics
Post by: LinksEtc on January 31, 2014, 03:53:05 PM
TT, don't burn yourself out.  :heart:

This stuff is a marathon, not a sprint.
Title: Re: 504 index - Advanced Level Topics
Post by: twinturbo on January 31, 2014, 03:59:24 PM
Blame my artificially cultivated prey drive. I thrive at full tilt.

On a more useful note I'm thinking the right approach is SEAs where the most central pressure point is on FAPE wrt transportation. LEAs seem to become entrenched in their personal fiefdom of policies. Federal DOT is a bust since it's got a HUGE exemption right in the regs.

Note to myself to add "policy" to that list, as well as dissection of board of education and round #2 on due process and hearings.
Title: Re: 504 index - Advanced Level Topics
Post by: twinturbo on February 01, 2014, 12:08:38 PM
Emailed this to myself for later reading. Placing another here. Haven't vetted source yet could be hot air. Could be insightful.

http://www.paloaltoonline.com/news/2013/07/12/in-secret-school-board-weighs-not-cooperating-with-federal-agency

http://www.paloaltoonline.com/media/reports/1373503567.pdf Oh, OK. Something labeled confidential client communication somehow is posted to the interweb. Of course.

http://www.paloaltoonline.com/square/index.php?i=3&d=1&t=21307

http://www.paloaltoonline.com/media/reports/1361599043.pdf Reading, trying to unravel entire timeline of events. Can't vouch for veracity in sourcing.

http://pausd.org/community/PublicRecordsRequest/downloads/OCR-Resolution-agreements.pdf

http://www.paloaltoonline.com/print/story/2013/03/08/guest-opinion THIS will require a nice hot cuppa.  :coffee:

Further note to self to start digging in to NCLB to add that SD boogeyman to the arsenal. Nice contingency to build a web of pressure points if one set of regulations has a weak spot. NCLB seems to have teeth, big and sharp.
Title: Re: 504 index - Advanced Level Topics
Post by: LinksEtc on June 16, 2014, 06:34:19 AM
Since TT left, does anybody have any thoughts/ideas regarding the advanced topics?  Anybody really interested in this info?  Should I just organize it a bit & leave it?  Or should I just stop at the more basic level threads and leave the other info as is?  Anybody else want to dive deep into advanced topics?
Title: Re: 504 index - Advanced Level Topics
Post by: guess on July 29, 2014, 02:13:03 PM
For the next generation coming into FAPE/504/ADA 2014-2015 and beyond.

If you had a chance to speak to an established group of advocates to indoctrinate them into our mindset of improving and advancing existing advocacy for students with LTFA, how would you want it presented in terms of group goals? I know what I think but should I decide to submit a paper to present at a respectably-sized conference for parent attorneys and advocates I would definitely consider input on structure and material. I have reason to believe that I can get a very legitimate, well-respected co-author as long as I do the work.

By the time of the conference the Fox Chapel oral arguments (Sept 12 in Philly) will already have been made and a decision possibly rendered. For registering a topic in order to present I have 3 days to decide.

The goal is to reach that audience of existing civil rights and special education attorneys and advocates that, IMO, need a little injection of FAS methodology in order to clarify the issues concretely for IgE-mediated allergies, further advancing and improving the advocacy that exists. My experience thus far is a lot of them are awesome on energy and desire to help but misunderstand a lot about how to advocate for food allergies and what that means in terms of accommodations and inclusion. The sense I get are there aren't too many in our advocacy organization with first hand experience of anaphylaxis and 504s.

I will tell you that what I see shaping up is essentially the direction of FA advocacy being whittled down to stock epinephrine + safe snack list = job done no need to address prevention and equal access for any other area deemed pesky or inconvenient. Great for Mylan's PR to be the life-saver. Unfortunately, we get on the Max's birthday track where prevention through strict avoidance is de-prioritized or completely ignored.

I name the enemy deliberate indifference and possibly, law firm ethics and expenditures that may require FOIA for audits. If my sources are accurate OCR is not prioritizing disability cases. It may come down to finding a way through the CPM or some of the recent cases to make claims that are of interest to DOJ. I'm fuzzy on where class action is possible and if so how structured.

Title: Re: 504 index - Advanced Level Topics
Post by: guess on July 29, 2014, 05:53:46 PM
This is an NSBA amicus brief regarding the Ridley case that a federal court judge cited in the TF v Fox Chapel case to apply the reasonable standard. Yet another iteration of it because appeals court ruled a 'stay put' on the IEP placement that the school is financially responsible for. For those that don't deal with special ed in terms of the IDEA 'stay put' allows a child to remain in a private placement while litigation goes on regarding a contested change of placement. Stay put and lost educational opportunity are the heart of Doug C.

http://www.nsba.org/sites/default/files/reports/13-1547NSBA%20Amicus%20Brief.pdf

Starting page 17 the NSBA's amicus brief makes a statement on the cost to schools to litigate. The cost of schools to litigate. Think about that one.

Then watch this.

http://www.c-span.org/video/?298475-7/federal-policy-bullying

There is no mention of compliance. It is only a matter of OCR setting the bar too high for schools to meet so we parents are just expecting too much because we know the law. We should trust the state educational agencies more. It's quite clearly the fed's fault.

Interesting side note from an article: "As an aside, Pennsylvania, along with five other jurisdictions (California, the District of Columbia, New Jersey, New York and Puerto Rico), accounted for 80 percent of the due process complaints filed between 2006-07 and 2011-12, and 90 percent of the complaints that were adjudicated."

Title: Re: 504 index - Advanced Level Topics
Post by: ajasfolks2 on July 30, 2014, 10:37:08 AM
Quote from: guess on July 29, 2014, 05:53:46 PM

Interesting side note from an article: "As an aside, Pennsylvania, along with five other jurisdictions (California, the District of Columbia, New Jersey, New York and Puerto Rico), accounted for 80 percent of the due process complaints filed between 2006-07 and 2011-12, and 90 percent of the complaints that were adjudicated."

Pennsylvania not a surprise!!  Wonder where Missouri and Connecticut are . . . and Virginia?  Was there break out state-by-state?

REALLY appreciate your latest 2 posts in this thread! 
Title: Re: 504 index - Advanced Level Topics
Post by: guess on July 31, 2014, 12:28:36 PM
ajas, can you email me? I have a favor to ask. I'm submitting a white paper for a conference and need some short input on title and summary for its proposal. There's a good team forming around it and likely to be a solid audience but it needs to be nailed. Sort of a tell it like it is. Ask CM if you don't have my email addy.

By the way, you guys know about this, right?

http://www.wrightslaw.com/info/allergy.index.htm

Scroll down to Resources. Third down. It's official. ;)
Title: Re: 504 index - Advanced Level Topics
Post by: ajasfolks2 on July 31, 2014, 03:28:33 PM
Sweet!

PM'd you.

Title: Re: 504 index - Advanced Level Topics
Post by: ajasfolks2 on July 31, 2014, 04:26:03 PM
I've tried their link to us and it seems to take you into a board functionality thread?

Do we need to ask them to fix link?