NEED A QUICK ANSWER

[maeve]

Hey,
I posted a vent in Off Topic about a teacher appreciation week activity involving students bringing candy in to fill a candy jar for the teacher.  The class mom did not send any note indicating that the candy should not have nuts, eggs because of food allergies in the class.  DD's class is a nut free class.  The candy is obviously for the teacher's consumption.  However, this is being done on the first day of state testing.  I know DD will be anxious if she sees something like Snickers or peanut butter cups come into the class.  I emailed the vice principal about this when I saw the email last week.  Her suggestion was to have the kids drop the candy off in the office.  There are about 30 kids in the class; I don't really think it's fair to disrupt 28 other students for DD (plus I think the point of it is for the kids to see the jar get filled).  I replied suggesting that they move this activity to Friday, which is not a testing day. The event is planned by the PTO and the room moms.  However, the event is happening in DD's classroom during school hours.

Here's the response I got:

Unfortunately all the planning for this is not done by the school.  This week has been planned out by the PTO and it seems the room parents for Mr. X have tweaked it a bit to replace the flowers with candy.  One thing I can do is touch base with Mr. X to ensure that none of the candy is opened during the school day.  I certainly don't think that would be a problem.

This is in violation of two clauses in DD's 504.

My questions:
1. Does 504 cover PTO planned events happening in the classroom during school hours?
2. Does this violate FAPE in that DD could be anxious if an allergen is brought into her classroom even if not consumed, and this could negatively impact her performance on state testing (in one of the years that counts)?

Thanks.

[twinturbo]

Maeve,

I would think what you need is an answer from the Office of Civil Rights itself on this for clarification -- not just yours but for the asst principal passing the buck. Why OCR instead of DOJ? 1) An active 504 is in place with violations occurring/upcoming 2) The building, personnel, space is most likely funded by Dept of Ed therefore I'd put the jurisdiction squarely there.

PTO as a loose canon around the school that gets to willy nilly violate 504 accommodations is not a great precedent for administration to set if in fact it's entirely false. I suspect OCR would say school grounds, school hours, school curriculum... administration - get your house in order. It's an attempt to dodge responsibility if I'm properly following the matter. Clarification from OCR might be what it will take to tamp the parameters of the 504 back in place. I'd be careful with how you word it with OCR, make sure you're sharply on point: can a PTO freely violate a 504 accommodation in my daughter's classroom or school? (<-something like that)

That's a huge issue and if you do seek and get an answer from them I would be entirely grateful if you would share it.

ETA: Turning this over as the evening unfolds.

The other way perhaps is to treat it like you would any 504 violation, in essence sending a message to the administration in action that there is no right a PTO has to violate a 504 and that the structure in place (those receiving the paycheck from the gov) must own that responsibility to administer the 504 as set.

[CMdeux]

All of the above.  Yes.   

[yelloww]

I'd also put something in writing to the principal about anxiety about allergens in her testing location & how it could negativeily impact her score.

They are all about scores. That might be what makes the swiftest change.

[Carefulmom]

I am at work and have to keep this short.  Maeve, by any chance are you in California?  We are having state testing now also.  As far as question #1, this does violate your 504.  I had to look into this previously, so I am sure.  If the 504 says something must be done a certain way, then the school can`t dodge responsibility by saying the PTO is doing it. The school is required to ensure that the 504 is followed.  If the 504 says no nut items in the classroom, then it doesn`t matter who wants to bring them in, the school has to say no.  We had a sort of similar situation in elementary school.  The PTA (probably the same as what you call PTO), put nut items on the peanut free table in the cafeteria.  That was a 504 violation, even if it was the PTA and not the school doing it.  The PTA was told that they had to pick a different table for their nut items.

[maeve]

NO QUOTING


[edited]

I got a phone call in reponse to the last email.  I cced the principal on my last response.  Basically, VP said she had not suggested students drop by the office to drop off candy (which is exactly what she did) and that she did not intend to imply with her last email that they were washing their hands of responsibilty.  She had spoken with the room mom prior to calling me; she said she had reiterated the candy and nut-free policy to the room mom and also invoked the kids potentially getting silly when they had testing to bring the candy to the office.   

[Mfamom]

I'm sorry Maeve.  I cannot stand how the PTO stuff is "whatever they want"...I did address PTO events in ds 504 plan in elem. school.  All food events in his elem. school (PTO or not) had to be cleared by the nurse. 

Also, i did like how our elem. school handled teacher appreciation day.  Every teacher got the same thing.  One year we did note cards that were personalized  by the students.  Another year we did a story book, another year personalized book marks etc. 

I think giving the teacher 20+ peices of candy is pretty useless anyway....I think that there are a lot of other more memorable things that could be done. 

[becca]

With all the time they are spending going back and forth with you, an email could be composed and sent, reminding the families in the class to not send in any candy with nuts.  It is so simple, and yet they are making it very complicated.

Another way migh tbe to set the jar outside the room, where kids deposit their offerrings in it before entering the classroom?  But the larger issue needs to be addressed so you do not have to repeat this issue.

Sorry you are dealing with this. 

[maeve]

With all the time they are spending going back and forth with you, an email could be composed and sent, reminding the families in the class to not send in any candy with nuts.  It is so simple, and yet they are making it very complicated.

Another way migh tbe to set the jar outside the room, where kids deposit their offerrings in it before entering the classroom?  But the larger issue needs to be addressed so you do not have to repeat this issue.

Sorry you are dealing with this. 

Sorry.  I'd edited out the emails sent back and forth.  In my first email to the vice principal, I had requested that an amended email be sent out reminding parents not to send in anything with nuts.  Ultimately, that's what was done last yesterday afternoon.  The kids are bringing in the candy today.  We'll see what happens.

[twinturbo]

Been thinking about this one hope all is going well, including good test day.

[maeve]

DD seemed to do fine yesterday when the candy was brought in. She told DH that someone brought in Lindor truffles.  When DH seemed nonplussed by that, DD told him that they were the hazelnut variety.  She said she didn't feel anxious.