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I sent you a msg.
Here's a different approach for you to consider.
If you have a cooperative relationship with your current PRIVATE school, can you work with them to establish eligibility and write a 504 plan BEFORE your move?
They may be more willing if they know that they won't have to live with the provisions long-term, and this way you'll already be entering the district with a 504 plan (and more importantly-- established eligibility).
This would also allow you to make use of your established relationship with your current physician rather than trying to pull everything together AFTER your move, and with people who really have no history with you. A new allergist may not be as well aware of the reality of the situation as you'd like, particularly for the first year or two. I do think that a lack of ER visits can weigh against you with a new physician, who may interpret this history as "over-cautious" rather than "effective management."
If you go this route, I'd try to explain verbally why you want to do things this way-- that way it isn't on the record for any of you... but they understand that you aren't pursuing a 504 plan because of anything that has happened in your current schooling situation-- just that this is a preemptive move in preparation for your move. It's strategic, in other words. :heart:
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Basically, know the language which is used in Section 504 itself and make very certain that your allergist (that's who I'd probably tap initially, anyway) states:
- the allergy is LIFE-THREATENING,
- which of "life's major activities/major life activities" are impacted-- self-care and breathing are prime targets for this, btw
- therefore, under ADAA and ADA section 504, this child qualifies as a "disabled person" under the law
and finally-- it should stress
- a need for on-going management by trained adults in order to successfully avoid anaphylaxis (and to treat it if those measures fail)
Anything beyond that is optional, really. I'd approach the school saying that it is really important for {child}'s safety that some of this be formalized BEFORE your move... so that the
new school has a clear template to work from.
The steps are basically:
a) evaluate for eligibility under the law,
b) consider a "variety of sources" of information in that consideration, by a "team of persons" who are familiar with the child, the meaning of the data considered, and the placement options available,
c) if eligible, construction of a 504 plan to address the educational environment so as to provide equal access to educational programs to the same degree afforded non-effected peers.
Phrases to become familiar with in this process include
FAPE
LRE
(though the former won't apply to the private school, probably).
Does the private school recieve any federal funding at all? Some USDA programs are considered "federal $" for the purposes of establishing eligibility, even at schools which are otherwise not federally funded. This may make the difference between whether the school has to follow educational provisions in ADA or the less-restrictive "places of public accommodation" ones which apply to businesses and other non-profits which don't recieve federal money.
How are things going?
Maybe some of our members who have had experience with private schools can chime in here.
It's going ok. I did talk with the current school and they are willing to consider her case. I have a call into the allergist, but he's out of the office this week. I'm going through the threads in the school section to become more familiar with everything. Thanks again for your help.
Quote from: CMdeux on March 05, 2012, 05:26:29 PM
- which of "life's major activities/major life activities" are impacted-- self-care and breathing are prime targets for this, btw
Is it correct that "eating" is also now a major life activity (since ADAAA)?
Quote
Anything beyond that is optional, really.
I no longer have to worry about including "no mitigating factor" language in a letter from our allergist because of ADAAA?
Is the school allowed to provide some accommodations for asthma without a 504 that recognizes her asthma as qualifying also?
MMmmm... maybe, but that gets into what is considered "accommodation" and what is not. For PE, yes-- an accommodation, clearly. On the other hand, some modifications are so standard and so frequently applied to a large percentage of students who are otherwise unimpaired that it may not be sufficient to qualify as "disabling" at that point.
KWIM?
So yes, asthma SHOULD qualify, but realistically it probably doesn't most of the time. Not unless it is unpredictable and very severe.
Eating is a major life activity now, yes. But really, the one which is most difficult to counter is "self-care" since that is pretty much the gold standard for any disabling condition. If life is just plain significantly harder and more dangerous/complicated for {person} than for other people of similar age without the condition, then it's likely that this represents a disability. Think for a moment about the things which would be radically DIFFERENT for your child without her food allergies. Which categories to those differences fall into?
Less need for parental oversight, ability to trust other adults with her care? That's "self-care" to the same degree as other children. Oh, it may impact other life activities, too (breathing, motor, cardiovascular, etc. are pretty much ALL impacted by anaphylaxis), but that one is the one which is continuous. Therefore, that one is the one that I like to mention first.
Don't forget the social impact, either. That one is easy to overlook, because our kids have no obvious communication barrier-- at least not overtly. But the bottom line is that food = social currency. In that sense, this, too, is one of the most profound limitations, and it is the one that will follow them even as they get old enough to age out of self-care being limiting.
Thank you CM :heart:
the asthma can help though because children with asthma at higher risk for anaphylaxis
I'll look for that little statement and come back later.
Thanks Mfamom. I already met with the allergist the other day and requested that he put that in the elig letter.
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Her SPT was still very high, and we are waiting for her blood test results.
However, after talking with him, he may consider doing an IOFC.
He thinks it's risky, he says the other allergist we saw last year is more aggressive in offering IOFCs and they turned us down because they felt it was too dangerous.
I am thinking that is worth the risk, but I am nervous.
Yes, I'd think it is probably better to know-- because she is old enough now to remember and use the information as much as you are.
I'll keep my fingers crossed too! :crossed:
you aren't furnishing test results to school though, right?
My ds also had a serious serious reaction age 4 with previous "little rx" that I didn't know the source of until the "big one". His spt always shows huge wheal and no RAST was done after the RX. Rast was done 5 years later and was negative. 2 since are negative, but the spt positive and rx history so no one wants to do a challenge. I'd love to know though if he's still allergic or not.
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Quote from: CMdeux on March 22, 2012, 10:41:00 AM
Yes, I'd think it is probably better to know-- because she is old enough now to remember and use the information as much as you are.
I'll keep my fingers crossed too! :crossed:
Yes to all of this. :crossed:
sbs (step-by-step) although, it can also have another meaning (school * * :misspeak: )
Just to give an update - we didn't make it past the first step of the IOFC. The allergist put a little on her forearm (no prick) and she was definitely contact sensitive. He said that would not have happened if she wasn't allergic. I wish he had just done this step at our last visit a few weeks ago. Oh well, he said he will send me the letters I requested at the last appt (one for elig and one about accommodation recommendations).
Time is flying by.
:-/
:grouphug:
At least now you know for sure.
Yes-- hard to argue with clinical evidence like that. (Looking on the bright side, I mean).
I hear you on the 'time' thing. I'm kind of frothing at the bit a little with each school day that passes and brings us closer to the end of the school year, myself. :-/
Quote from: sbs on April 06, 2012, 02:15:18 PM
Just to give an update - we didn't make it past the first step of the IOFC. The allergist put a little on her forearm (no prick) and she was definitely contact sensitive. He said that would not have happened if she wasn't allergic. I wish he had just done this step at our last visit a few weeks ago. Oh well, he said he will send me the letters I requested at the last appt (one for elig and one about accommodation recommendations).
Time is flying by.
:-/
I don`t know. My understanding of contact sensitive means you have more than a localized reaction where there is contact. Isn`t this just like a positive skin test? She reacted where it was applied to her skin. When someone has outgrown an allergy, 50% of the time they still have a positive skin test. Dd has never been skin tested before a challenge for that reason. Our allergist would not agree that a local reaction where the allergen is applied means that the person is still allergic. Or did she react elsewhere?
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I wanted to say thank you to everybody for their help. I'm sorry for all of the edits -- it's just something that I feel I need to do at the moment in this particular thread.
:smooch:
Hoping that it is going well.
Totally understand need for privacy, sbs.
Totally.
Hope child is accommodated and 504 process goes forward as it should!
Quote from: ajasfolks2 on April 16, 2012, 06:46:28 AM
Totally understand need for privacy, sbs.
Totally.
Hope child is accommodated and 504 process goes forward as it should!
Thank you ajas. I really appreciate it. I feel bad because I like to leave things up to help others in the future, but it always feels like a "tug of war" to me (sharing enough to get help and to help others versus the need for privacy).
I wish I could say everything is good, but things are going much slower than I originally thought they would.
Does anybody know where the thread is with sample 504's?
I know where it is, but can't do it until after 3. Come back later and hopefully they will be linked.
This might get you started.
Re: GLOUCESTER - OCR Case: *** Section 504 Plan *** (http://foodallergysupport.olicentral.com/index.php/topic,1138.msg2097.html#msg2097)
Is this the thread you were thinking of Mfamom?
there is a good sample at www.foodallergyadvocate.org (http://www.foodallergyadvocate.org)
Didn't we have a thread with sample 504 plans?
Yes, a few. You might PM KoutureKat and see if she'd be willing to share her DS' with you, sbs. Her son's 504 plan is exceedingly thorough and thoughtful. For many years, I know that it was regarded as being the gold standard among the community, much the way GailW's/our physician's letter is.
(That reminds me that I need to type that original primary grade qualifying letter up.)
I need a camping icon because I'm going to be here a lot the next couple of days.
From what I've been reading, it does not appear that the 504 I hope to set up at the current school will transfer automatically, especially since we are switching states. It seems sometimes the new schools will temporarily use the current 504, but it seems they can review eligibility for themselves. I guess, my concern, besides getting this done so late in the school year, is that they will see dd's accommodations and then that could influence how things go at the new school. Maybe I'm off base in my understanding.
We now know which school district she will be in so I am almost ready to contact them to at least get her enrolled.
Does anybody have experience with switching schools in different states with 504s?
sbs, I doubt that anyone can tell you for certain just what would happen there, but that isn't because nobody else has ever done so, but because it is dependent upon the 504 procedures of the recieving district.
KWIM?
Certainly, the 504 plan will be reviewed by that district at some point during the first year in the district. Some districts will do it within the first month, and others are more relaxed about it, and in some cases, there is an urgent need to address something that wasn't an issue (different layout, etc) in the previous environment...
It seems fairly standard that the 504 designation itself is kept at least temporarily. The reason is twofold:
a) most districts find it simpler to just apply the procedural safeguards/procedure laid out in IDEA rather than constructing a separate set of procedures for 504 for the district (which the law DOES obligate them for-- they have to HAVE procedures, I mean);
and
b) effectively, an active 504 plan means that the student is considered to have such a disabling condition (using the language of the law). Now, they may review eligibility. But they can't IGNORE that it existed. KWIM?
There is no 'stay-put' provision in ADAA/Section 504. But in a de facto sense, that is often how it works due to point a) above.