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Think of a good 504 plan as being a STOOL. There are basically three legs (sometimes four) to a solid 504 plan. By 'legs' here I mean input streams of expertise.
a) MEDICAL-- this is where your physician comes into things(and to a lesser extent, a school nurse... and yes, I DO mean 'lesser' extent, because this is about medical diagnosis and practicing within one's professional scope of expertise. Nurses are not allergists.) The medical stream is the one offering advice on how much exposure is "okay" or not, what kind of responose is appropriate under which conditions (ie-- for a non-specific symptom of asthma, does this child get epinephrine? Or an inhaler?)
b) DAILY REAL-WORLD MANAGEMENT AND RISK ASSESSMENT/RESEARCH-- this is us. Allergists are medical experts, but they are NOT the experts at navigating the world with a particular child and keeping him/her out of anaphylaxis. WE ARE.
c) SCHOOL OPERATIONS-- this is school staff. They know layout, they know logistics of first-response, they know their staffers, they know the culture of the school community.
d) (possible) Special Education needs-- can be GT/SpEd needs, but this will have to dance with the other three.
I called my Dr. for a 504 letter to get things going. The office said it didn't have any idea what that was. I am scared now.
Don't worry-- many physicians do not know much about ADA. They're doctors, not lawyers, right?
You might want to prepare a short dossier of information
We've (FAS and at previous pa dot com) had lots of discussions about giving carte blanche (which IS what a permission to "talk to allergist" permission is ) . . . AND how important it is to NOT give that sort of access to the medical provider for child.
Many accounts through the years as to schools fishing for info to use against parents, info to use to attempt to refute the parents' requests for necessary and appropriate accommodations, and instances of damaging of parent/patient/doctor relationships.
Schools have an unfortunate tendency to cut parents out of the loop once they have access to the doctor, and they often agree (between the two of them) to things that PARENTS, being experts in daily tactical management, would KNOW cannot work.
Secondarily, who is compensating the physician for his/her TIME in all this phone and fax and e-mail time with the school, hmmm? Is it the school? You? Not cool-- s/he's YOUR physician, and needs to be acting in his/her PATIENT's best interests.
The 504 team insisted on recommendations from our allergist, so we did meet with her. We reviewed what we were looking for and she was in agreement with all of our points. She typed out a "letter" with her recommendations (aka our recommendations) as bullet points.
If a student’s food allergy is a disability, that student is entitled to the protections of Section 504 and the ADA. Both laws define a disability as a physical or mental impairment that substantially limits a major life activity. Children with food allergies may be substantially limited in major life activities such as eating, breathing, or the operation of major bodily functions such as the respiratory or gastrointestinal system. The U.S. Congress has made clear that the definition of disability under Section 504 and the ADA is to be construed broadly.i
Based on the evidence, “we find that the Division’s decision that the Student is ineligible for Section 504 services could result in death or serious illness of the student, and that this case therefore involves ‘extraordinary circumstances’ that support a substantive OCR review of the result of that decision.”
To begin the 504 process, you need to contact the school’s 504 Coordinator. This could be someone who works at the school, or it could be someone who works for your school district.
4. Provide notice to students and parents stating that the agency does not discriminate on the basis of disability. The notification shall identify the employee responsible for coordination compliance with Section 504 (if more than 15 employees). Notice must be included in student/parent handbook. [34 CFR §104.8]
CMdeux 7/23/09
I'd definitely communicate through your actions/tone/style, though, that you anticipate this to be EASY and POSITIVE for everyone involved.
From notnutty's tip thread 10/11/2007
1. Communicate anything that you want to keep... in writing only. E-mail is almost always better than a phone call.
2. Print e-mails.
3. If you are tempted to carry on a telephone conversation with someone official rather than conducting 504 business in writing.... don't. No matter how 'nice' they are.
DOCUMENT, DOCUMENT, DOCUMENT. Cross EVERY t and dot every i so that your child is "officially" allowed access to emergency meds at school. Even if you think it seems like overkill, or if school administrators treat you like week-old roadkill in the process... DO IT ANYWAY
For clarity, the "letter of understanding" is a method of documenting verbal weaseling that happens in e-mails, but mostly in meetings, conversations, and phone calls.
An example of how it can be used:QuoteMr. Malevolent Administrator,
I appreciated our conversation after school today (date). It was enlightening. I need to make sure that I have understood our conversation correctly, however, so I am following up with you in this letter/e-mail.
When I asked about including disabled children in the considerations in our new playground design, you responded that those kinds of children should be happy just to be included in the educational activities at school in the first place, and that a wheelchair ramp was going to add a lot to the project's initial costs. When I expressed surprise that the committee had not researched ADA compliance, you promised to "look into it" at some point this week.
I want to thank you for your willingness to find out more information about ADA compliance as it pertains to the new playground. Can you let me know what you learn?
My apologies if I have misunderstood our conversation, or left anything important out. If I have not had a response from you by {date} then I will assume that my understanding expressed above is correct and complete.
Thanks so much,
Mrs. Why-yes-I-AM-that-big-a-pain
From notnutty's tip thread 10/11/2007
21. "Need" isn't a qualifying factor, and no where in the law does it state that you must prove "need". This is an attempt to sidetrack you. The reason that you are requesting 504 Designation for your child is because he qualifies. Period.
The school said "he doesn`t need a 504" and someone on our board said "needed or not, if he is eligible he`s eligible."
They CANNOT say that they "don't do 504 plans" for ________. Period. It's against federal law to make blanket policy like that.
If a 504 plan and a IHCP are "just the same" then say
"Oh, good. Then we won't have any trouble just writing it up as a 504 plan. Thanks. I really prefer that."
06.03.2010 at 10:41:40, CMdeux wrote:
I didn't know that they could "decide" things like that...
that a particular medical diagnosis is NO LONGER going to be a qualifying condition, I mean.
Get it in writing-- I recommend an e-mail to meeting participants. Something along the lines of "I recently heard __________. Is this true? I was not aware that there was any list* of medical diagnoses which are either qualifying or not qualifying conditions. If there is such a list, can I request a copy?"
Then call OCR. :evil:
* because any such "list" is VERY DEFINITELY a procedural violation with OCR.
School "policy" can be changed whenever school administration sees fit.
THIS is why all children who depend upon particular protocols must have those details included in a 504 plan. The reason why that is superior to school policy is that a disability plan CANNOT be unilaterally changed at will.
notnutty 10/11/2007
2. Just because things are fine now, doesn't mean they will be fine tomorrow, next week, next month, or next year. Teachers change, principals change, retire, die, etc. One new person can make your "wonderful" plan a nightmare. If you do not have a 504, you have no backup to continue with a great plan.
Remember-- eligibility FIRST. No, no, no, no accommodations talk BEFORE eligibility is determined/evaluated. Gently steer back to that if they try to get ahead of things into specific accommodations as a test of whether or not a 504 is "needed" or not.
"will be" found eligible isn't interchangeable with "IS" eligible.
Sorry, but you can't really discuss accommodations until AFTER eligibility is established formally.
INSIST on eligibility paperwork SIGNED officially before discussing accommodations. INSIST upon it.
And frankly, FAS are the southern relatives who put 504's on the front porch like their crazy aunts because it is what we do.
Also, if you're asking what do you ask for in your child's 504 plan, the reason you're not finding it spelled out is that plans are individual and tailored to each child's needs in their school.
Some of the basics to think about would be:
1. Food brought into the classroom by parents/teachers/others.
2. Food used as part of classroom instruction - even if it's not to be consumed.
3. Birthdays/holidays/celebrations.
4. Food rewards for the entire class/grade/school.
5. Lunch and snack logistics.
6. Substitute teachers.
7. Field trips.
8. Accessibility of medication and trained personnel.
9. School bus.
10. Specials classes.
11. Use of the child's classroom outside of normal school hours (by community groups, tutoring after school, etc.).
12. Use of the child's desk by others.
13. Classroom and lunchroom cleaning procedures.
14. Hand washing to prevent contamination of surfaces.
15. Special activities need to be inclusive (bake sales, science night, field day, school carnival, etc.)
From notnutty's tip thread 10/11/2007
14. A 504 protects my child from inadvertent discrimination, even if it was well intentioned.
15. A IHP can be the major component to a 504 plan.
16. Issues of segregation as a problem are difficult to address and enforce using the perspective of the IHP. The IHP can be great at addressing safeguards, but not leveling the playing field.
20. A ideal model would be where the School Nurse advocates for my child’s medical needs (from a 'medical model' perspective), and where the 504 coordinator advocates for my child’s normalcy needs (from a 'least restrictive environment' model). These two perspectives can be in conflict, the old "safety vs. normalcy" spectrum that we, as parents, struggle with daily. But this is a necessary conversation with members of the school staff who come to the table with these different perspectives.
interpretation of what federal law MEANS here. It can, too, trump state law if an individual child's needs demand that it do so.
The key question in your letter is whether OCR reads into that Section 504 regulatory requirement for a free appropriate public education (FAPE) a "reasonable accommodation" standard, or other similar limitation. The clear and unequivocal answer to that is no. Section 104.33(a) guarantees all qualified individuals with disabilities FAPE, which consists of regular or special education and related aids and services that are designed to meet the individual education needs of qualified persons with disabilities as adequately as the individual education needs of other persons are met and that are designed and delivered in accordance with the Department's regulation. 34 C.F.R.§ 104.33(b)(1).