Need Ammunition! Rulings in favor of parents

[my3guys]

I received the most disturbing call today from someone who lives in my town and is fighting our school district.  Seven years ago, I opted for a private school based on the dealings I had with the district over food allergies.

Some things that she shared are truly jaw-dropping and appalling to say the least.

I do still read in schools but confess I'm a novice when it comes to rulings, laws, 504s.  We've been in a good environment, and I haven't needed the info.  I've always been grateful, and felt the money we spent was worth it...but today it became crystal clear just how worth our investment is.

Anyway, if one of our resident experts have some rulings that quickly pop into your heads to give this poor woman ammunition, I'd really appreciate it.  I will do some research on my own too...just hoping for a starting point.  The school district is openly hostile, non-compliant with doctor recommendations.  I can't take the liberty to share too many details since they're not mine to share.  I did refer her to here, so she may be reading as well.

Thanks in advance! My head is really spinning today.

[Macabre]

Happy to try to help, but what specially has she encountered? There have been a number  of significant OCR rulings but they address different things pretty much. If there are one or two issues that she has been facing (or three or four), it might be helpful to determine what might be helpful.

[CMdeux]

non-compliant with doctor recommendations


This is a REALLY big deal.  Presumably, if the doc is providing guidance that is within his/her scope of practice (e.g. management, treatment, etc.)  then the district has about ZERO business countermanding medical orders.  Period.

[Macabre]

Oh, I missed that. There are a number of cases that may relate to that. I'm thinking Gloucester does, but in regard to not having a 504. Virginia Beach perhaps but not directly. Frankly Mystic Valley with regard to a child not having a safe environment in the classroom. But Gloucester referred directly to what the doctor said the student needed.

I'll post a link later this morning.

So a question is, does your friend's child have a 504 designation? That is technically needed for accommodations. Schools should just do the right thing, of course, but a 504 plan gives everyone a written plan to go by--that schools can be held accountable to. I had a very detailed written plan--6 pp--before having a 504 plan. The school signed off on it every year. Didn't mean a thing, though, and the school blatantly "violated" it. However, there was no legal recourse. They were not legally violating anything.

So first thing: if your friend doesn't have a 504 designation she needs to begin that process. We can help there. And during that process if she needs to emphasize certain things, like how important it is that the doctor's orders are followed, we can try to look for case support or at least help with language there. If TT sees this, she would be a tremendous help. 

[my3guys]

Thanks you guys.  She's been working on the designation for months. I won't be around much for a few days, but will check in when I can.  Mac, with all you have going on at the moment, thanks so much for taking the time to post in this!

[daisy madness]

non-compliant with doctor recommendations


This is a REALLY big deal.  Presumably, if the doc is providing guidance that is within his/her scope of practice (e.g. management, treatment, etc.)  then the district has about ZERO business countermanding medical orders.  Period.

In my experience, schools are able to get around this by saying "we interpret the doctor's instructions differently."  Even if it's as simple as "this child must have Epi with him at all times."  The school can say, "we interpret that to mean that the child's epi can be locked up in the nurse's office."

Straight from the mouth of an OCR investigator, the schools are permitted to "interpret" the doctors instructions differently than the parents, even if there is no logical way for any sane person to derive that conclusion from those instructions.  They get away with it because they're not disagreeing with the doctor, just interpreting the doctor's instructions differently.  It's crazy. 

[Macabre]

My3Guys, if I remember your state correctly, you may have the same OCR as DaisyMadness--which is not as bad as Missouri but not as good as Virginia/NC. OCR=Office of Civil Rights--in this case for the Dept of Ed.

[my3guys]

Thanks you guys!  I've sent this thread to my friend, along with some other school threads.  If she wants me to post more info here, I'll be back.

Daisy Madness, replied to your pm and forwarded to my friend.

[Macabre]

Pooh. I never put the Gloucester link in. I will look for it over lunch.

[ajasfolks2]

Here is one of our Gloucester threads with some links:

Gloucester County Schools, Virginia

[ajasfolks2]

And another Gloucester link (also includes the original link at old hyperbds)

OCR Ruling on 504 Ineligibility--Gloucester

[ajasfolks2]

Here is Virginia Beach:

OCR - Virginia Beach City Schools 2012

[my3guys]

Two questions for my friend:

1) School has scheduled a 504 meeting specifically for when she had told the school she already had a conflict and couldn't be there.  She's still working to get the designation. Thoughts?

2) Any advice on how to handle placement discrimination due to allergies. I have some specifics on this one that I can share with pm, but may be too identifying in public.

Thanks for any help/guidance in advance!

[ajasfolks2]

1)  No way to ever know if the school intentionally scheduled against her conflict . . . but sure makes the school smell like a rat, IMHO.  If there is ANY way she can be there and remove her conflict, she should.  AND she needs to notify the school she is bringing a digital recorder and recording the meeting.  Also, she needs to make sure the school has told her EXACTLY who will be in attendance at the meeting -- they should be doing this in writing.  Don't want any surprises . . .

As to still working to get the designation, be sure to share our sections that detail how to support the assertion as to different bodily functions being affected (breathing, eating, immune system function, caring for oneself, etc).

2)  I'm happy to help if I can via PM.  Not sure exactly what is entailed for the specific situation as to "placement discrimination".

[CMdeux]

Any advice on how to handle placement discrimination due to allergies


Without a disability identifier, this isn't discrimination.  Sucks, but there it is.

WITH one, though-- Lillie-Felton is one of my very faves.  It basically states that a district cannot deny an academically appropriate placement due to a second disabling condition.  That is, a placement has to consider BOTH needs, not just the convenience of the district or school, and not just the disabling condition.