Yes, write the 504 Plan Eligibility request letter and personally deliver it to the office. Do not talk to anyone at all about accommodations until you hear that your son has been approved. The law requires that the school provide (pay for) a parent approved treat for your son should they decide to allow treats for birthdays. Don't offer to take on that financial obligation, or obligate yourself to shadowing every party to make sure it's safe. Insist on a safe educational environment for your son. I know it seems like the thing to do to show them you want to work with them, but, if you do, you set the precedent that they can do what they want, and you will bend over backwards to make it work. This is only kindergarten, and it will get old REALLY fast with all the food activities that take place.  You are not asking for a favor, they are obligated to provide a safe educational environment to your son.

I would also not offer to do anything which puts a greater burden on you as a family re: cost or time.  You can't discuss ANY of those things prior to eligibility (though it is good that you are thinking about them for yourself, so that you are prepared, of course.)

Make them ask you-- because really, while you might be willing to provide all of the food for a couple of class parties THIS year, what if you can't next year?  What if you wind up needing to work and can't be there for every field trip?

Eligibility first.  This is like a horse that PULLS the cart (accommodations).

Without the horse, there is no cart-- there's only largesse on the part of school employees, and that can change in the blink of an eye. 

I think I already explained this but you cannot just call or email and ask for the 504 meeting. Written request is the official formal request.

Please read through this thread again. There are good steps to follow listed to help you already. Follow the advice and follow the 504 procedures. Don't make calls. Don't try and negotiate things or call for informal meetings until you have started the official 504 process and have a 504 designation. That will not help you in the long run.

Like I said earlier in this thread, type up a letter, print it out, sign it and drop it off at the school. Then bring another copy to district office. Not email.

Sorry I haven't been online to answer all the awesome posts that I just read.  This weather is really getting to me!  DS hasn't had school since the day after the meeting last Friday.  He has school tues and thurs, but I'm going to call in on Monday to get the 504 eligibility scheduled.  Does email count in the 30 days they have to comply.  As in, if I email her my request for that meeting, does it count on that first school day?  That way if she tries to avoid me, the request has already been sent?  I will also be rescheduling my meeting with the school district office.  I got a phone call on Thursday I think or Friday from someone who received my number from OSPI.  She's on a regional level and is familiar with the nurses and principals but this is the problem that I"m having.  Everyone I'm contacting all seems to be within the school system.  I can't seem to find someone who will advocate for my son and I.  This woman kept stating that we should go and have another meeting, which I will to get the 504 eligibility done.  The thing is, I certainly do not want to go on the war path.  I am as non confrontational as they come.  But when the woman is so firm in her decision that she absolutely will not meet the request of no allergens in the classroom, I fail to see the point in dealing with her unless I can find a way to get her to do it. At the same time, someone made the point that I should try to view them as ignorant to the facts, not someone who is trying to hurt my son.  I am trying, but I feel that's how they felt about me.  I feel that they assumed I wouldn't know anything (which is partially true I'm still learning) and that I'd be easily placated and stop bothering them.  There's a little girl in the 3rd grade who is as severe as my DS.  I wish I could meet her mother, but I'm not supposed to know (the lunch lady pointed her out one day when I went to his school at lunchtime to discuss what's been going on with everything) and find out what her mom thinks about this, or if she even knows either!
So tomorrow will be the email of understanding and seperate email requesting the 5o4 eligibility meeting.  I will also speak to the district nurse if I can find her just so she can't say I didn't call her back and listen to the options given.
I did find a bakery that ships in peanut free cookies, and will ask if I can supplies snacks for birthday parties, but I'm sure that will be turned down too.  It's frustrating when I've tried to offer ways around it, even at a financial cost to myself and still might  not work.

Rainbow--great advice!   

Due process takes a long time and will cost $$ for a lawyer.  You can do this without going there. Remember, the law is on your side, and many, many schools are providing appropriate accomodations.  Many of us DID have to fight administrators for them, but we ARE winning due to medical information, law, liability, deaths in school from life threatening food allergies proving the worst case scenario does happen, etc. 

Think of it this way, if you DOCUMENTED your discomfort with the principal's subjecting your child to risk, and a reaction occurs, he is going to be liable. Right now he is trying to avoid documentation to avoid liability. But if you document that he is putting your child at unnecessary risk (by serving allergens in the classroom AND going against the doctor's order), then you proved that he must TRY to provide a safe environment or the environment is surely not safe and he is clearly liable because he didn't TRY to accomodate.  Administrator is at MORE liability if he doesn't TRY.  If he can show he did everything he could and the child has a reaction, OK...but if he didn't and the child has a reaction, he is going to be liable.  By documenting, you shift the liability back to him.

Come to think of it, good idea  to have your letter re: risk NOTARIZED.   

I agree with CM's post above. I think this is going to work out because the teacher and nurse seem like they get it.  The administrator is the problem.  Administrators usually DO know better, but they will stonewall and delay so they can avoid having to grant documented accomodations.  The doctor note will help too.

Just go to the meeting with all your information ready. The law IS on your side.  Serving allergens in your child's classroom is NOT prudent.  if the meeting does not go well, I'd state in writing that you feel the Administrator is putting your child at risk of a severe / life threatening reaction to his/her allergens.  Even quote the nurse and teacher as being helpful (examples) but call the Principal out on his refusal to provide safe accomodations for your child and you WILL be holding him liable if your child has a reaction and he didn't take prudent steps / simple accomodations to avoid risk. State that nut-free classrooms are available in MANY school districts (research locally and give examples) and this is a COMMON accomodation for children with life threatening food allergies. And, it is NOT necessary for other children to eat those foods but it IS necessary for your chlid to completely avoid these allergens to avoid a life threatening reaction.  Refer to recent deaths and Nathan Walters.  Conisder copying Principal's boss.

I'm thinking you are going to win this.  Stay calm, firm, confident, and strategic.  Provide documents like OCR Letter to Gloucester and ADAA and AAAAI Position Statement on Anaphylaxis.  Start documenting princpal's refusal to provide a safe environment and the fact he is putting your child at unnecessary risk.

When the parents know their stuff, this usually goes well now, after ADAA and OCR Letter to Gloucester.

I would not risk open war.

Open war is upon you, whether you would risk it or not.

You're either with Theoden or with Aragorn.

... and I do know of one due process hearing that went WELL.  (In CT.)

I also know that the odds are not in a family's favor once it gets to that point, because for that ONE case, I also know of about seven others where it did not go well in the end.

Quote from: twinturbo on January 20, 2012, 06:34:56 AM
Have a cascading set of contingencies in place that flows up chain of command, not leapfrogs it, for every outcome so you're not scrambling for the next move. I think that's all anyone is saying.

Yes. Exactly.

My point about Gloucester is not to say that it's the same as the OP's situation. My point is the family did not just accept the school's "no." They fought it. They won. Someone had to rock the boat for the rest of us to reap the benefits. (Keep in mind how groundbreaking this was.....this was the very first time OCR took jurisdiction over deciding placement.)

Not everyone wants to blaze the trail, but I'd hate to discourage those who desire to, as long as they know all the risks. 

Quote from: socks on a rooster on January 19, 2012, 11:16:03 PM
Was Gloucester successful?

I started a thread to discuss anything we can find as to current situation in Gloucester.

It's here:
Gloucester County Schools, Virginia

Quote from: lakeswimr on January 20, 2012, 07:10:09 AM
I would want to avoid going up that ladder unless it is necessary. 

Yes.

I agree but I would not think of going that route without hand holding by a paid food allergy advocate or possibly even a lawyer and I would want to avoid having to hire a lawyer if at all possible.  I would want to avoid going up that ladder unless it is necessary. 

who here has had that go well?  We had a whole thread about how it usually DOESN'T.  My experience with the OCR is they were a lot of talk with no action.  Their talk helped and I got a lot of changes made at one town organization but in the end we deadlocked on a simple, basic accommodation and I couldn't make them budge.  The OCR suggested various strategies, making it sound as though they would do something but in the end they did nothing.  I'm not impressed. 

Have a cascading set of contingencies in place that flows up chain of command, not leapfrogs it, for every outcome so you're not scrambling for the next move. I think that's all anyone is saying.