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Discussion Boards => Schools and Food Allergies => Topic started by: MandCmama on May 29, 2012, 02:16:21 PM

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Title: UPDATE crunch time with our 504-Need advice/opinions
Post by: MandCmama on May 29, 2012, 02:16:21 PM
Lots of details making this all the more complicated...one of the big ones is that DH is a teacher in our district, so we are not only treading as lightly as possible for good will in the future, but also b/c he has to "live with" any waves we make.

Up to this point the 504 process for M has gone very smoothly.  He will enter K in the fall.  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.  The 504 team readily agreed to everything with 1 caveat... our requested accommodation for transportation.  The director of special ed apparently has all the power here.

What we are requesting is this- our district has 1/2 day K.  Parents are responsible for all mid day transport, so M, being assigned to PM K, will be dropped off by us and transported home.  Mondays he comes to our house.  The rest of the week he goes to a sitter.  She is in district, but in the catchment area of a different elementary building.  This means M would have to take a "transfer bus" to this other elementary and then be bussed to the sitters.  Further complicating matters is the fact that we know the bus driver in our neighborhood.  He retired from the hospital where I work, and let's just say I would not let him take my cat to the vet.  He responds VERY poorly under stress and has little ability to problem solve. I truly believe that he is borderline intellectual functioning and a co worker has told me he was denied by the military b/c of this...Rumor has it his jobs have all been "bought"....ANYWAY...our district also has many 15 passenger vans.  I see several a day in my neighborhood and the sitters. Our request is that M be transported by one of these.

My reasons are these:
1. M has had "mystery" reactions when his allergen was not clearly present.
2. M still sucks on his fingers when stressed, despite our countless efforts..It's purely unconscious at this point.
3. with the whole "transfer bus" plan, I can't help but think that there is just that much more room for errors to be made/balls to be dropped. The van can directly transport.
4. A reaction would likely be noticed by the driver in a van with a handful of kids before a reaction would be noticed on a bus with over 40 kids. At 5, M can not be counted on to speak up.
5. one day a week we'd be relying on the above described driver.

Sooooo. The 504 team thought this was reasonable and since it was put in writing by our allergist, thought we'd have no trouble moving forward with it.  Special ed director (with rep for being pompus/Napoleonic complex) shot it down in an email to 504 Coord.  I sent an "appeal" email outlining our concerns and asking him to please reconsider.  wasn't hearing, wasn't hearing.  DH ran into ASSISTANT dir of sped and spoke with him about it.  Implied that Dir. must have misunderstood b/c this sounded logical and doable.  We sent him our info.  A few days later apologetic email from assit. ...his hands are tied.  still a no.

We want to pursue this.  We really do feel strongly that it is a safety issue.  When he's a little older front seat wiped down will do, but for now, I think he's at risk. our physician agrees.  Our first thought was to go to the school superintendent and appeal.  DH spoke with one of the sped teachers and was encouraged to contact an advocate before doing this (b/c of Dir of speds retaliation?).

So here we sit with a list of advocates to call.  Part of me wants to NOT stir the pot anymore and just transport M both ways.  The other part of me knows that this would be a HUGE burden for us (work wise.  I'll already be giving up my lunch period to get him there.  one of us would have to leave early DAILY to get him.  Flex time would not work with sitters schedule) and hey- we pay taxes too! The vans are in our neighborhood. Our physician agrees.  the 504 teams agrees. the assit. dir. of sped agrees. ARRRRGGGGGHHHHHHH! :crazy: :rant:
Title: Re: crunch time with our 504-Need advice/opinions
Post by: Mookie86 on May 29, 2012, 02:38:40 PM
Does the school offer onsite child care?  Perhaps that would be less complicated than fighting the school on the bus issue?  Good luck!
Title: Re: crunch time with our 504-Need advice/opinions
Post by: MandCmama on May 29, 2012, 03:22:53 PM
No, but that would be helpful. In fact, they are very strict in their drop off/ pick up times. No earlier than 1210, but no later than 1220. No earlier than 245 and no later than 255.
Title: Re: crunch time with our 504-Need advice/opinions
Post by: Janelle205 on May 29, 2012, 03:45:18 PM
Have you or the SD considered the possibility of an trained aide on the bus instead of a different vehicle?  Plus would be then you wouldn't have to worry about the driver doing anything but driving - there would be someone else to recognize and respond to any reaction.



Also, you may have tried it, or it may not be allergy safe, but we used a bitter tasting nail polish to help stop step-daughter from sucking her thumb at about the same age.  She was totally on board with it though - we had a talk about how sucking her thumb could be bad for her teeth and what could happen, and she was on board with it.
Title: Re: crunch time with our 504-Need advice/opinions
Post by: MandCmama on May 29, 2012, 04:36:45 PM
Basically, dir of sped said every other kid with food allergies takes the bus- yours can too. He would be happy to have M sit up front and have the driver wipe the seat and railing, but that's been sufficient in the past. He was also kind enough to offer me the # of food allergy parents whom he's managed to keep alive thus far! ~)
As for the fingers... We've tried the bitter stuff, we've tried bandaides, we use tube socks... It was almost extinguished, but has come back just as fierce as ever.  It seems to be when he's stressed or bored. It seems to have ticked back up since K registration.
Title: Re: crunch time with our 504-Need advice/opinions
Post by: twinturbo on May 29, 2012, 04:58:04 PM
Was there a reason provided other than it's not part of any other individual's 504 accommodations? Cost, scheduling, lack of passenger space? I liked Janelle's suggestion of an aide on the bus for 1:1 single-purposed supervision.
Title: Re: crunch time with our 504-Need advice/opinions
Post by: MandCmama on May 29, 2012, 05:51:16 PM
Quote from: twinturbo on May 29, 2012, 04:58:04 PM
Was there a reason provided other than it's not part of any other individual's 504 accommodations? Cost, scheduling, lack of passenger space? I liked Janelle's suggestion of an aide on the bus for 1:1 single-purposed supervision.
Nope- just nobody else has this accommodation; therefore, not necessary...
I like the idea of the aide as well, but that just sounds more expensive.... I'll bring that up at our next meeting. That may possibly be a way around sped dir, though he prob has to approve that as well since its still under the transportation umbrella.
Title: Re: crunch time with our 504-Need advice/opinions
Post by: twinturbo on May 29, 2012, 06:07:23 PM
Well, that is a legitimate hardball tactic. Present two choices the other party doesn't like but make their lesser of two evils the best outcome for you. You could even offer him the phone numbers of other school districts that provide bus aides since he likes that logical fallacy so much.
Title: Re: crunch time with our 504-Need advice/opinions
Post by: my3guys on May 30, 2012, 01:16:23 PM
Quote from: twinturbo on May 29, 2012, 06:07:23 PM
Well, that is a legitimate hardball tactic. Present two choices the other party doesn't like but make their lesser of two evils the best outcome for you. You could even offer him the phone numbers of other school districts that provide bus aides since he likes that logical fallacy so much.

I agree with this.  Which of these two options recommended by your family physician will he agree to?  Maybe your physician could write another note clarifying he needs one of these two transport options due to thumb sucking, bus transfer, age, multiple allergens etc.  I would think the aide would be the more expensive option also.
Title: Re: crunch time with our 504-Need advice/opinions
Post by: ajasfolks2 on May 31, 2012, 11:06:49 AM
Indivdual accommodations are SUPPOSED to be just that:  INDIVIDUAL.

Comparing/contrasting your child's documented need with those of the other children (and what is/is not on thier 504s or IHPs) is direct violation of your child's rights under Section 504.

You know that, right?

Your Sped Dir is way out of line.

Title: Re: crunch time with our 504-Need advice/opinions
Post by: Macabre on June 01, 2012, 09:20:49 PM
Yikes.  On the one hand, M is so small.  We were able to wait until 5th for the bus, but it was a hardship to us work-wise (and DH's work has a lot of flexibility), so I totally get how your transporting him will NOT be sustainable.  One of the reasons it won't be is that as things come up, you'll be using that lunch time throughout the rest of your day dealing with other school issues--even if you have a good 504.  Ask me how I know.  Grrrr.

DS did have an aide until last year I think.  Or was it this year?  Recently.  He is finishing 8th grade right now.  And I'll say that the aide benefited another special needs child (with diabetes) a lot--even though she was DS' aide.  The school district was glad we had her. 

I'm sorry your Sped is like that.  Ours was wonderful.  But glad you know where things stand and at least have some contact with the assistant (who will hopefully move up the ranks before too may years).

Title: Re: crunch time with our 504-Need advice/opinions
Post by: ajasfolks2 on June 02, 2012, 07:04:23 PM
Macabre,

your Sped Dir needs to "school up" a whole HUGE NUMBER of Speds in this state.

Just sayin'.

Sorry for the digression.

Carry on.

Title: UPDATE crunch time with our 504-Need advice/opinions
Post by: MandCmama on July 31, 2012, 11:40:12 AM
Well, we sought legal advice.  Allergist wrote a  NEW letter stating that the school district's plan of wiping down seats and rails was inadequate to keep M safe and put him in unreasonable danger.  Forwarded this letter via email and snail mail to Sped and got no reply, though I know he at least opened the email.  DH emailed district super, filling him in on everything up to and including contacting a lawyer.  Super's response thanked us for emailing him and we have a meeting with super and his asst on Thurs.
 Please help me come up with non emotional arguments.  Those of you that live in other states- what is the norm (Vice principal @ DH's bldg alluded to the fact that our state is behind the times with std FA accomodations). I plan on bringing every piece of paper we have thus far, but waht else???
Title: Re: UPDATE crunch time with our 504-Need advice/opinions
Post by: ajasfolks2 on August 13, 2012, 03:01:02 PM
Have been away and just seeing this now.

Did you have meeting?  Where do things stand now?

Sorry to see so little response in this thread -- summer is "off" time for so many of us so far as dealing with schools . . .

Title: Re: UPDATE crunch time with our 504-Need advice/opinions
Post by: MandCmama on August 13, 2012, 10:01:24 PM
Had the meeting. They appeared to be very apologetic for Sped dir lack of ....ummm....well some things are just best left unsaid. Anyway, they took lots of notes and asked lots of questions. They met with M's principal to discuss it. And then denied it. We've decided not to fight it further. For one, we can't afford. We also have other major stressors happening. We're going to pay some one to take him in and DH will race over to pick him up after work. Only Kindy and I feel defeated :disappointed:
Title: Re: UPDATE crunch time with our 504-Need advice/opinions
Post by: maeve on August 13, 2012, 10:35:37 PM
Sorry that has happened.  DD was thankfully assigned AM kindergarten (at our school children attending day care usually are) and attended a center-based day care.  The day care picked children up in a van or short bus.  We only had to transport her in the morning, which was our choice.

DD never rode the bus in elementary school and I'm glad she didn't for many reasons.  She will be riding the bus this year as she starts middle school.  After speaking with someone in transportation, I'm glad that I made the decision for her not to ride the bus when she was in younger.  When I spoke with the department in July, I was told that they did not know what the bus routes would be yet (to check the web site in August; checked today, which is 2 weeks before school starts and still nothing is posted), they won't know who the bus drivers are until about 2 weeks before school starts, and that the bus drivers will not have information about which students on their busses have LTFA or asthma until 2 weeks into the school year.  I was told the school nurse at the child's school will print out a list and provide it to the bus driver.  It was suggested to me that I go to the bus stop on the first day of school and introduce myself and DD to the bus driver; that is so not cool for a 6th grader and I'm sure will open her up to some teasing.  I was also told that while there is a no food policy on the bus and they do their best to enforce it, they cannot guarantee that there will be no food on the bus.  I'm glad that I didn't put DD into those conditions when she was younger.  She's always been good about speaking up about her allergies even when she was young but she's certainly more capable now at 11.

Good luck with your school year.  I know it's stressful and not an ideal situation, but it will go by quickly.
Title: Re: UPDATE crunch time with our 504-Need advice/opinions
Post by: MandCmama on August 14, 2012, 11:08:41 AM
Yes..Most in our area do the daycare route as well.  Since our boys were booted out of daycare, that option is a no-go for us  ~)

As I said, I really don't have the energy or wherewithal to fight this any further.  Not for what it's going to get us- a marginally safer situation and the bad will of some members of the district.  Surprisingly, DH, who has to work under these people, wants to persue it further.  He just feels it's wrong we're being denied this (I think b/c he sees some of the accommodations that ARE given that are much more costly and appear less necessary).  Our neighbor has offered the help of a lawyer he is friends with...DH wants to go for it.  Now that we've secured private transportation for M, I just feel ambivalent about it.

Guess I'm just feeling sorry for myself.  I think the amount of fighting/advocating I've already had to do for M BEFORE HE EVEN STARTS SCHOOL is just absurd.  What's wrong with people?  I guess they've never held their dying child in the back of a speeding ambulance  :disappointed:
Title: Re: UPDATE crunch time with our 504-Need advice/opinions
Post by: CMdeux on August 14, 2012, 11:15:52 AM
 :grouphug:

I know that frustration very well.  You know that legally you're in the right, that MORALLY it's also right, and that your child's rights are being trampled...  but...

sometimes even when you win, you still lose.  :sighhhhh:

  It's incredibly galling, and guilt-inducing.  Please don't beat yourself up.  You have a solution that preserves some measure of goodwill, and you'll live to fight another day.  Sadly, there will be other days to fight.  Let go of the ones that get away, okay?? 

 :smooch:
Title: Re: UPDATE crunch time with our 504-Need advice/opinions
Post by: maeve on August 14, 2012, 12:52:29 PM
MandCmomma,
Again, I'm so sorry that you're dealing with this.  I completely understand your situation.  CM's post resonates with me.  I wish you all the best.  I'll be thinking of your little guy as school starts.

BTW, I'd forgotten about your day care situation.  That's awful.
Title: Re: UPDATE crunch time with our 504-Need advice/opinions
Post by: MandCmama on August 30, 2012, 03:05:15 PM
Question...we did not persue this any further.  We sent a letter to the school requesting they clarify their reasons for denying the physician recommended accommodation and that these reasons be put in Michael's file.  The letter they sent back stated, "As we said in the last letter, we disagree that M needs a van to be safe.  We feel that a bus with a wiped down rail and front seat are enough to keep him safe".  Our physician sent a letter saying she DID NOT feel this was enough.

Is that adequate on their part?  They can just say "We disagree" with no real reason, other than, essentially, this has always worked...
Title: Re: UPDATE crunch time with our 504-Need advice/opinions
Post by: CMdeux on August 30, 2012, 03:23:54 PM
Well, obviously, they have disagreed.

IMO?  The onus is probably upon your physician to demonstrate/explain why their solution is not adequate in his/her expert medical opinion.

(This is what we'd have to do to get College Board to put IN WRITING that DD must have accommodations as to location for her exams, too-- because they denied "individual testing" as an accommodation, just as we suspected they would.  Similar situation in that what we NEED is possible to meet without the specific accommodation, sure, but the liklihood of error/mistakes is higher.  )