The parent perspective edition. Not 100% sure where I'm taking this yet but it would be up to the point where you'd retain private counsel or have to DIY due process hearing.
None of this is advice but an aggregated collection of parent advocate shared experience from the trenches. Learn from our group wins, losses and lessons learned.
- challenging medical record subpeonas that are vague, overbroad or not relevant enough to the issue or likely to lead to discovery of admissable evidence
- initiating targeted open records requests to review district's historical performance
- how to write a solid complaint limited in scope to increase chances of a 'win'
DIY due process resources for parents going
pro se for two main reasons (1) money, can't afford representation (2) too few attorneys versed well enough in 504/ADA, education law, and food allergy as it relates to equal access and FAPE
- Wrightslaw Surviving Due Process and allergy page
- Dorene Philpot's DIY Due Process e-book
Retaliation from SD as a whole or singular official from SD through bogus CPS reports, truancy, charges of "Munchausen by Proxy" or medical abuse as retaliation for invoking civil rights protections or filing an administrative complaint on behalf of a child with LTFA.
Dealing with the label of Food Allergy Mom or Disability Mom with regard to credibility, institutional sexism, ignorance, prejudice, perceptions.
- Sandra Boudrou-Romano, M.D., The Allergist Mom
QuoteWe would review an allergen avoidance sheet with the family, explaining the importance of reading food labels, and discuss an emergency health-care plan, teaching the families how to recognize and treat an allergic reaction. We provided them with a short list of support services and asked them to follow up in one year. It was a good system, at least as far as I knew.
After we reviewed the perfunctory literature, I got my one-year send-off and then, I panicked. I wanted our allergist to come back in the room. I had so many questions left to ask. But I was an allergist, so how could I have so many questions? I only knew one thing – that I needed more time with her. I felt alone and anxious.
As a fellow, I'd never quite understood it when parents cried at the end of our appointments. The diagnosis and treatment was a matter of fact. You avoid the food and you avoid the reaction. But now, on the other side, I understood. It was about: how in the world you were going to avoid the food and what on Earth would happen if you didn't.
I walked out of the office saddened that, previous to this appointment, I had not really known what food allergy families go through and devastated that I had to learn it like this. It felt like I was like starting over, both personally and professionally.
- Michael Pistiner, M.D.
QuoteAs a parent of a child with a nut allergy, Pistiner empathized with parents who have to educate their peers even as they're trying to protect their children. It can be difficult to pass on that responsibility to others, he added.
"I'm trying to teach my mom how to use an EpiPen and read labels, and she's not taking me seriously, and I'm a pediatric allergist," he said. "Imagine if I'm a school teacher, imagine if I'm a stay-at-home mom. Now who's going to take me seriously? It's a really hard position to be in."
- Wrightslaw From Emotions to Advocacy Never go in as a lone female because the deck of perception is stacked against a woman. (Proper cite later)
Spot reserved on how to bring an attorney new to education law and food allergy up to speed on 504 and FAPE.
Spot reserved on investigating the decision pattern and background of assigned Hearing Officer or Administrative Law Judge. Know who you are going before.
Spot reserved for looking into the background of the Senior Attorneys for your region's OCR. Some are former school district attorneys.
Spot reserved for examining the pattern of special education case appeals in your federal Circuit. Note either side can initiate an appeal. Court costs will matter then.
Spot reserved for consideration of the weighted complaint system through multiple OCR incidents and the +/- of what OCR can and will enforce. Or not.
In case this is helpful. Regarding schools retaliating against parents by making false CPS complaints.
http://youtu.be/2Nd7k2MU8l0 (http://youtu.be/2Nd7k2MU8l0)
Perhaps a spot for information regarding which OCR regional offices are helpful and which are not.