Thanks for the link.

Liability for transportation costs. Unsure of application. Found looking for other things. http://www.leagle.com/decision/19986392FSupp2d637_1558 The decision did find for a failure to deliver FAPE and held local BOE responsible for transportation costs.

Quote from: Macabre on October 31, 2013, 04:18:57 PM
Oh my goodness. 

Is this kind of thing (bus aside) covered in the 504 plan they developed?  That has yet to be signed?

About that--while the bus thing has yet to be resolved, I wonder if there is such a thing as provisionally signing the 504--maybe noting that you have also requested the district provide a bus aide. That way very thing else is in place for your kiddo.

Yes, it's specifically stated in his 504 that all celebration treats will be non food items only.  As per the principal, my signature on the 504 isn't necessary to make it binding for the district. I had asked him in passing about signing it while continuing to disagree about transportation.

There aren't any signatures on it, at least not on the one they sent home for me to sign. Nor are there any names. The copy of the one from the 504 file that I had asked for doesn't have any signatures either.

Oh my goodness. 

Is this kind of thing (bus aside) covered in the 504 plan they developed?  That has yet to be signed?

About that--while the bus thing has yet to be resolved, I wonder if there is such a thing as provisionally signing the 504--maybe noting that you have also requested the district provide a bus aide. That way very thing else is in place for your kiddo.

Most importantly, SOOOOO glad he is safe and sound.

Hang in there!   

My son came home from school today with candy in his backpack that he is allergic to.  It was given to him at his class party.  I'm a room mom and was at the party, but I left early to attend my daughter's parade.  I just sent an email to the principal stating that if he had taken the bus, he could have eaten that candy on the bus, causing a life threatening reaction.  I don't think this was the fault of his teacher.  The room moms had a number of things to give out to the kids.  The room moms were told by his teacher that any treats given out either in the classroom or to be taken home must be non-food items only.  Some of the parents who attended the party brought in items to give out.  I think this is what happened with the candy.  His teacher has been EXCELLENT with his allergies....I really hope this doesn't alienate her.  I know she would have never given him candy.  I think it was handed out with the other treat bags and she didn't notice.  The party was pretty chaotic with many parents there.  But, had he not been given the candy and all the rest of the kids were given candy, that would have been upsetting too. 

Documented. 

I just struck gold.  I found an Administrative Law decision in our state against a school district for the exact same thing.  The judge ordered the district to put an aide on the bus.  Too bad I hadn't found that in time to include with my certified letter.  But at least I know now.  It would require a due process hearing to get a ruling that way, though. 

I never even thought about what would happen if OCR ruled against us.  Very good point.  Our attorney does have trial experience, but is trying to resolve things quietly right now.  She actually suggested that we wait to hear back from the superintendent before having her send a letter since it may be unnecessary, but I felt that I had mentioned the attorney to the district and I needed to follow through.  I'm not one to make idle threats and I want them to know that.  We're 1 month into Kindergarten here.  If I don't show the district that I mean business, they're likely to walk all over me for the next 12 years.  She exclusively practices special ed law with a focus on FA.  She ended up with this focus because she has a child with severe allergies and struggled with her school district.  She also is the founder of a FA support group.  She really, truly gets it. 

Macabre - we're not Missouri or VA.  I will dig a bit and see if I can find more info about our local OCR.  I sent you a message with the office.

You are rocking this.

I would go through the process with the attorney. If the school still fails, then maybe file with OCR, but go through this process first.

In the meantime, I would find out how your OCR has ruled in food allergy cases. I will tell you that regional offices some are notoriously better than others. For instance, when we were looking to move a couple of years ago, DH was contacted by an org in Missouri for an interview. I said NO WAY--based on several members' experiences with schools and FAs in that state--and two members' dealings with that OCR.

Living in Virginia, I had a pretty high confidence in that OCR, based on their rulings and in one of my two conversations (the other one not so much).

I think it's good to have a. Idea of the lay of the land with your OCR. Not that if you were in Missouri (or a place where they had not made rulings in favor of the FA complainant) you would avoid filing a complaint. but to know what you've got.

I'd give the attorney-to-attorney negotiation some time before taking the next step. Any complaint won't resolve instantly, plus get the download from your attorney what opposing counsel is like/has to say so you can get a sense of their strategy. Information is power. If I remember correctly you know it to be a practice on contract so they may have a reputation. Also remember when you file a complaint you may not have resolution in your favor so... you know. It may work better as a resort to continually apply pressure to themselves.

A neutral way to mention the attorney is saying she's going to "help you with X, Y, Z" if you want less escalation--not that I'm insinuating there's a problem with anything but sometimes people get panicky. Does your attorney have trial experience? Some don't go to trial if you need it. Again, not saying you will just musing as I look around and evaluate lawyers for myself. I've interviewed a couple haven't had good luck.

Good luck, daisy. Keeping it  for your family.

We hired an attorney.  I feel very confident with her abilities.  She knows her stuff off the top of her head.  She sent a letter today to the school's attorney.  Hopefully we'll get a response soon because she faxed it as well as mailed it.  I really hope the school's attorney knows the laws and will advise the district to put an aide on the bus ASAP.

The superintendent completely ignored my letter.  No response at all.  I requested that he respond by letter within 10 days with the requested clarifications and sources/criteria for the district's decision.  So I casually mentioned to the principal that we were hiring an attorney and very quickly received an email from the superintendent's secretary that he is working on a solution and will be in touch next week.  It was all I could do not to respond and tell him to shove it, but I ignored it.  I doubt his solution is an aide on the bus.  I suspect he's coming back with a re-routed, shorter bus ride which we will decline.  I'm really angry at this point.  I suspect he knows he's ignoring the law but just assumed I would go away after the final no.  Otherwise, he wouldn't be "working on a solution" when he caught wind of an attorney being hired.     

BTW, the attorney was very impressed with my letter.  I told her I had some help!!  She was also shocked at the district's incompetence in crafting DS's 504.   

Would there be anything to gain by filing an OCR complaint even if the district backs down and puts the aide on the bus?  Or will OCR just dismiss it because it's been resolved.  I'm just very, very upset at the lack of concern they have shown for my son's safety.     

I don't think OCR would expect the school board to have dealt with this.  I am frankly very surprised that there was talk of your school board dealing with it. 

You have exhausted every possibility.  I hope this one works!

My post is the first one TT linked.  It sounds like you're past this, but just for anyone else in the same boat, here's our allergist's letter:

____  has multiple food allergies to milk, eggs, peanuts, tree nuts, and mustard seed with a history of anaphylaxis.  If he has an unintentional exposure to any of his allergens, it is medically necessary that he receive his EpiPen injection immediately and not wait, as there is a significant risk of life threatening anaphylaxis.  This plan applies to all school settings including the school bus, field trips, and sports activities.  Thank you for your consideration and attention.

Sincerely,
Awesome allergist

Once we got this, we had no issue with the district being willing to provide an aide.  With that said, we have run into issues staffing the position.  My son's school runs on the latest schedule of all the schools in the district- which means that no aide who works at any other building can do it in the morning since their school day has already begun when we'd need one.  The district posted the position in multiple locations, the special ed secretary contacted every bus aide they've used in the last ten years, they spoke with cafeteria staff and the police department re their crossing guard staff.  No one.  So we drive him in the am, and he rides the bus with an aide in the afternoon. It's not perfect, but they truly have tried to fill it (and continue to do so) so I can't get too worked up about it. 

Ok.  Letter is sent with a cc to the principal and county super.  I'll let ya'll know if I get a response.  I will not be accepting any phone calls from them about this matter.  I alternate between thinking they're idiots and being really pissed off at them.  I don't know if they just don't know any better or if they know better but are being sneaky.  I wonder if they've intentionally not allowed this to be addressed in the public meeting because then I will have exhausted all my steps within the district.  As it is now, if I file an OCR complaint, they could say "the school board has never formally addressed this" and skirt by unscathed.  I made sure my letter said that "as per our conversation, the school board's final decision is x." 

Yeah, not posting it seems like a wise idea under the circumstances.

I would cc the superintendent.