So our new school only wants to do an allergy action plan. I said no I want a 504 also but now I have to have a meeting to see if my son qualifies??? What are our rights? My son had a 504 before we moved here. Any advice?
A letter from your Dr. on how food allergies impact major daily function is what we used. They didn't even question eligibility. From what I know you need to send something in writing that you want an eligibility meeting and they are required to have one within 30 days. HTH
Good luck!
If they don't at least have a meeting to determine, eligibility they're in violation and you should file a complaint with OCR.
A life-threatening food allergy is an automatic qualification, so you'll need a letter from your allergist with life-threatening mentioned. For eligibility determination, I would have that and a copy of the section in 504 where life-threatening allergy is mentioned. You can also mention that he has already been found eligible and since his condition hasn't changed, then neither has his designation, but they may not "agree" with that and want to do their own eligibility (which may mean they're looking to really fight against it :-/ ).
If you had a current 504, you might ask what the new school's procedures are regarding transferred/new students having 504's. At our new school, their standard procedure is to keep the 504 in place until they can review eligibility for themselves.
Yes, be sure to be prepared with statements such as:
a) "What part of the previous finding of eligibility does the team feel was in error?" (be sure to have pen raised to write it down)
b) "Can I get that in writing?"
c) "I'm confused. Why is eligibility in question, again?"
I have not been on in a long while, but we had to file with the OCR and won our 504.
On the other hand, we moved to Texas and they didn't bat an eye over it.
:thumbsup: Great! (Though I bet the new school being so much more cooperative was a huge relief, huh?)
Quote from: wackattack69 on September 25, 2012, 11:37:08 PM
I have not been on in a long while, but we had to file with the OCR and won our 504.
If you want to share would you do so on your experience detailing the process by timeline and actions? Anonymized to your comfort level, of course. Additionally, how do you feel taking questions about your experience throughout?
Quote from: twinturbo on September 26, 2012, 09:51:45 AM
Quote from: wackattack69 on September 25, 2012, 11:37:08 PM
I have not been on in a long while, but we had to file with the OCR and won our 504.
If you want to share would you do so on your experience detailing the process by timeline and actions? Anonymized to your comfort level, of course. Additionally, how do you feel taking questions about your experience throughout?
Ditto & would love to see OCR's letter of findings, if you'd be willing to share (via email)?